STATE OF KERALA Vs. MAJOR BABU THOMAS

JUDGEMENT

(1.) These two writ appeals have been filed by the State and its authorities as well as the 6th respondent in W.P.(C) No.5473 of 2014 challenging the judgment dated 24.7.2014, by which, the learned Single Judge, while disposing of the writ petition directed the petitioner to use the road on the eastern side of the police station without conferring on him any special right. It was further observed that the said arrangement shall continue till Ext.P9 appeal is disposed of by the District Collector, Ernakulam.

(2.) The facts involved in the writ petition would disclose that the petitioner was claiming right in respect of the alleged pathway passing through the property, which forms part of the police station. It was inter alia contended by the respondents that a portion of the property was surrendered by the 6th respondent, namely; the appellant in W.A.No.1150 of 2014 to the Government under the Kerala Land Relinquishment Act, 1958. Contending that the petitioner has easement right in respect of the said portion of the land, he had filed an appeal before the District Collector. During the pendency of the said appeal, when an attempt has been made by the appellants in W.A.No.1112 of 2014 to close down the pathway, the writ petition came to be filed.

(3.) The learned Single Judge, after considering the respective claims, observed that until the appeal is disposed of by the District Collector, the situation as on the date has to be continued and the petitioner should be permitted to use the said pathway. Further, it was observed that the vehicles which were parked on the said pathway has to be removed. It is challenging the aforesaid judgment that these writ appeals have been filed.