IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1073 of 2010()
1. K.V.HAMSAKUTTY,S/O.VELUTTY ALIAS KHADER,
... Petitioner
Vs
1. DISTRICT COLLECTOR,PALAKKAD DISTRICT.
... Respondent
2. THE TAHSILDAR,MANNARKKAD.
3. VILLAGE OFFICER, KARIMBA NO.1 VILLAGE,
4. PRESIDENT, KARIMBA GRAMA PANCHAYATH,
For Petitioner :SRI.G.HARIHARAN
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :25/06/2010
O R D E R
J.CHELAMESWAR, C.J. & P.N.RAVINDRAN, J.
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W.A.No.1073 of 2010
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Dated this the 25th day of June, 2010
JUDGMENT
Ravindran, J.
The appellant is the petitioner in W.P.(C)No.33359 of
2009. The said writ petition was filed seeking the intervention of the
District Collector on the claim made by the Karimba Grama Panchayat
over the lands belonging to the petitioner. The learned single Judge
held that the District Collector cannot exercise powers under the
Kerala Land Conservancy Act in respect of the petitioner’s private
holding and that the remedy of the petitioner is to institute an
appropriate suit in the court of competent jurisdiction. Aggrieved
thereby, the appellant has preferred this writ appeal.
2. We heard Sri.G.Hariharan, learned counsel appearing
for the appellant. We have also gone through the pleadings and the
materials on record. In our considered opinion, in view of the claim
made by the Karimba Grama Panchayat that the pathway which the
petitioner claims as his private pathway is a public pathway, the
remedy of the petitioner is to institute an appropriate suit in the court
W.A.No.1073/2010 2
of competent jurisdiction seeking declaration of his right. We
therefore, find no grounds to interfere with the judgment under
appeal.
The writ appeal fails and is accordingly dismissed in
limine.
J.CHELAMESWAR
Chief Justice
P.N.RAVINDRAN
Judge
TKS