JABBAR PUTHENVEEDAN Vs. HMT LTD.

JUDGEMENT

(1.) Being aggrieved by the order made in W.P.(C) No.13026 of 2013 dated 6.2.2019, instant writ appeal is filed.

(2.) Short facts leading to the appeal are that appellants are the local residents and claim usage of pathway starting from Jawaharlal Nehru Memorial Road/HMT Road leading to Chakkarakulam Public Pond. According to the appellants, HMT Ltd. (formerly Hindustan Machine Tools Ltd.), Bangalore, represented by Secretary/General Manager, respondent No.1, obstructed the appellants from using the pathway. Based on a complaint lodged by general public, Revenue Divisional Officer after conducting an enquiry, issued a provisional order directing respondent No.1 to remove the obstruction.

(3.) The 1st respondent, aggrieved by the above said order and the order of Municipality (Exhibit-P3), preferred O.S.No.839 of 2011 before the I Additional Munsiff's Court, Ernakulam. An alternate pathway was also suggested by the Sub Divisional Magistrate, Fort Kochi, respondent No.2. The said order was questioned by the 1 st respondent in Crl.R.P. No.25 of 2011 before the learned Sessions Judge.