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2002 Supreme(Ker) 512

T.M.HASSAN PILLAI
Malathi – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Complaint petition has been filed before the Sub Divisional Magistrate (Excutive First Class Magistrate), Alappuzha by respondents 3 to 13 alleging obstruction of a pathway alleged to be passing along the southern side of the property belonging to the petitioners herein. It is alleged in that complaint petition that the respondents 3 to 13 are residing in their properties “situated on the just east of the of Alappuzha-Thanneermukkom Road” and the petitioners herein are “residing in their properties situated on the eastern side” of the respondent 3 to 13’s properties. It is also alleged that the only access for respondents 3 to 13 to the “western road is through the southern part of the petitioners property comprised in Sy.No.7/2 of Komalapuram Village” and the respondents 3 to 13 have “no other access”. “Adjoining to the pathway one and a half feet wide land is provided by the adjoining property holder Maniyappan of Kattuvelil” and he surrendered it for respondents 3 to 13. It is adjoining that portion of land the said pathway passes. Respondents 3 and 13 are using the said pathway passing through the petitioners property from time immemorial. The further allegation mad



















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