LIFIN SEBASTIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioners have approached this Court seeking to quash Ext.P6, whereby the request made by the 1st petitioner for putting up a gate on the road puramboke was declined.

(2.) Petitioners are brothers. The 1st petitioner owns 4.05 ares of land, and the 2nd petitioner is in ownership and possession of 67.58 ares of land, and the said properties are lying contiguously as a single plot. Between the properties of the petitioners and the road, there exists a road puramboke having an extent of 1.35 cents in a triangular shape, and the petitioners are using this land as a passage for ingress and egress to their properties from the main road. Petitioners submit that the said land cannot be used for any other purpose due to its tiny extent and its shape. Thereupon, the 1st petitioner submitted Ext.P5 application to allow him to erect a gate in the puramboke property and to have access to the public road through the puramboke land. The said application has been rejected by Ext.P6, stating that no permission can be granted to erect a gate in the road puramboke as per the provisions of the Kerala Land Conservancy Act, 1957. It is aggrieved by the same that the present writ petition has been filed.

(3.) I have heard the learned Counsel for the petitioners and the learned Government Pleader.