The petitioner is aggrieved by the impugned Ext.P6 order dated 10.10.2018 rendered by the 4th respondent-Village Officer concerned whereby petitioner has been directed to produce an affidavit showing that the persons who use the property in question as right of way had no objection in the petitioner securing record of rights (ROR) in terms of the provisions contained in the Kerala Record of Rights Act, 1968. The prayers in the afore Writ Petition (Civil) are as follows :

(i) To call for the records leading to Ext.P6 and may be pleased to issue a writ of certiorari to quash the same.

(ii) To issue a writ of Mandamus or any other appropriate writ order or direction commanding the fourth respondent to issue ROR for the property as stated in Ext.P6 within stipulated time limits in the interest of justice, and

(iii) To pass any such or further orders as the petitioners may seek and this Hon'ble Court deem fit to grant.”

2. Heard Sri. Sreekumar G. (Chelur), learned counsel appearing for the petitioner, Smt. A.C. Vidhya, learned Government Pleader appearing for the respondents.

3. According to the petitioners, they had originally owned about 36 cents of land covered by Exts.P1 to P3 documents. But pertaining to a small piece of land thereof, namely having an extent of 0.0162 hectares in Survey No.779/2 and 0.0101 hectares of land in Survey No.2327/2 of Chembukavu Village, Thrissur Taluk, Thrissur Revenue District, he had submitted application before the 3rd respondent-Tahsildar for grant of record of rights for the aforesaid parcel of the land in terms of the provisions contained in the Kerala Record of Rights Act, 1968. In the said application, the 4th respondent-Village Officer has now issued the impugned Ext.P6 order dated 10.10.2018 calling upon the petitioner that as certain persons are using a part of the said property as pathway, their no objection for issuance of the Record of Rights (ROR) is required and that petitioner should make available an affidavit of such persons stating their no objections for the grant of ROR to the petitioner. It is the said requirement in the impugned Ext.P6 dated 10.10.2018, that is under challenge in the present writ petition.

4. The petitioner has submitted the application for grant of Right of Records (ROR) under the provisions contained in Kerala Record of Rights Act, 1968. It is brought to the notice of this Court as per Section 1(3) of the Kerala Record of Rights Act, 1968 stipulate that the said Act come into force on such date as the Government may, by notification in the Gazette, appoint. It is brought to the notice of this Court that though the Kerala Record of Rights Act, 1968 was enacted and published in Gazzette dated 26.08.1968, the said Act was brought into force as per notification issued under Section 1(3) of the said Act subsequently on 01.03.1969 as per notification No.S.R.O.90/69 dated 28-2-1969, Published in K.G. Ex.No.55 dated 28.2.1969.

5. Sections 3 and 4 of the Kerala Record of Rights Act, 1968 (State Act 26 of 1968), provide as follows :

“3. Preparation of record of rights. -

(1) A record of rights shall be prepared by the prescribed officer in the prescribed manner in respect of any area or areas notified by the Government in this behalf in the Gazette.

(2) The record of rights in respect of any land shall include the following particulars, namely :

(a) The description and extent of the land;

(b) the name and address of the person in occupation of the land;

(c) the names and addresses of other persons interested in the land;

(d) the nature and extent of the respective interest of the persons referred to in clauses (b) (c);

(e) the names and addresses of the kudikidappukars, if any; and

(f) such other particulars as may be prescribed.

(3) The record of rights shall be maintained by such officer as may be prescribed, and different officers may be prescribed for different areas.

4. Publication of record of rights.-:

(1) When a draft record of rights has been prepared, the prescribe