SURAJAN ALIAS SURAJ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking the following reliefs:-

(2.) According to the petitioners, they are the absolute owners in possession and enjoyment of properties comprised in Re.Sy.Nos.152/10/2 and 152/9, Block No.27 of Mayyanadu Village. Access to the said properties and the neighbouring properties from the northern Eravipuram-Umayanalloor Public Road is through a public pathway commencing from the said road and proceeds towards south and ends at the north western side of the properties of the petitioners. The said public pathway is included in Block No.27, Re.Sy.No.152/4 and the said pathway is having a width of 3.80 meters at the starting point and 4 meters width at the ending point. The said pathway is vested with the 3rd respondent in accordance with the provisions of Sec. 169 of the Kerala Panchayat Raj Act.

(3.) However, respondents 4 to 6 constructed a compound wall and a retaining wall on the eastern and western sides of the said pathway, encroaching into portions of the said pathway and reduced the width of the pathway to 1.50 meters at its southern side. Even though, petitioners filed Exts.P5 to P8 petitions before the 1st and 3rd respondents respectively, no actions were initiated, which constrained the petitioners to approach this court by filing this writ petition.