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2013 Supreme(Ker) 582

K.VINOD CHANDRAN
Kuriyakose Thomas – Appellant
Versus
Ombudsman For Local Self Government Institutions – Respondent


Advocate Appeared:
For the Petitioner:P. Thomas Geeverghese, Advocate.
For the Respondents:R2, Binu Paul, R3 & R4, Noushad Thottathil, Government Pleader, R5, Renjith Thampan, Sr. Advocate, S. Renjith, Advocates.

JUDGMENT

1. The petitioner challenges Ext.P7 order of the Ombudsman and the consequent resolution taken by the Panchayath to provide a pathway to the 5th respondent through the puramboke in Survey No.534/2 of Block No.30 of Rayamangalam Village. The petitioner alleges that this would result in filling up of a pond in the puramboke resulting in the water logging of his neighbouring property. It is alleged that the resolution merely seeks to provide a pathway to the property of the 5th respondent. Rough sketch showing the lie of the properties have been produced by the petitioner and the 5th respondent, which are more or less the same and Ext.P15 produced by the petitioner is referred to, in this judgment.

2. The 5th respondent who has adjacent properties to the north and south-east of the petitioner's property maintains that he has offered for surrender, land belonging to him, and that purchased by him, providing a pathway from the canal bund road lying at the western extremity, so as to provide access to the puramboke. It is his contention that as a quid pro quo the Panchayath offered him access through the puramboke, from north to south so as to reach his own property lying at the






























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