PRADEEPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved by the impugned Ext.P6 order dated 10.10.2018 rendered by the 4th respondent-Village Officer concerned whereby petitioner has been directed to produce an affidavit showing that the persons who use the property in question as right of way had no objection in the petitioner securing record of rights (ROR) in terms of the provisions contained in the Kerala Record of Rights Act, 1968. The prayers in the afore Writ Petition (Civil) are as follows:

(2.) Heard Sri. Sreekumar G.(Chelur), learned counsel appearing for the petitioner, Smt. A.C.Vidhya, learned Government Pleader appearing for the respondents.

(3.) According to the petitioners, they had originally owned about 36 cents of land covered by Exts.P1 to P3 documents. But pertaining to a small piece of land thereof, namely having an extent of 0.0162 hectares in Survey No.779/2 and 0.0101 hectares of land in Survey No.2327/2 of Chembukavu Village, Thrissur Taluk, Thrissur Revenue District, he had submitted application before the 3rd respondent-Tahsildar for grant of record of rights for the aforesaid parcel of the land in terms of the provisions contained in the Kerala Record of Rights Act, 1968. In the said application, the 4th respondent-Village Officer has now issued the impugned Ext.P6 order dated 10.10.2018 calling upon the petitioner that as certain persons are using a part of the said property as pathway, their no objection for issuance of the Record of Rights (ROR) is required and that petitioner should make available an affidavit of such persons stating their no objections for the grant of ROR to the petitioner. It is the said requirement in the impugned Ext.P6 dated 10.10.2018, that is under challenge in the present writ petition.