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2019 Supreme(Ker) 876

S.MANIKUMAR, A.M.SHAFFIQUE
Mariyadas, s/o. Mudiyappan Elavumthara Veedu – Appellant
Versus
Revenue Divisional Officer – Respondent


Advocates:
Advocate Appeared:
For The Appellant : SRI.D.KISHORE, SMT.MINI GOPINATH, SMT.MEERA GOPINATH, SRI.R.MURALEEKRISHNAN (MALAKKARA)
For the Respondent: SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.V.VARGHESE, SRI.PETER JOSE CHRISTO, SRI.S.A.ANAND, SRI.K.A.BALAN, SMT.L.ANNAPOORNA, SRI.ARUN.B.VARGHESE

JUDGMENT :

Being aggrieved by the order dated 20.06.2016 passed by the State Human Rights Commission, Thiruvananthapuram in HRMP No.253/2016 (Ext.P7), directing the Revenue Divisional Officer, Adoor, respondent No.1, to take steps under the provisions of Code of Criminal Procedure if the petitioners did not construct the retaining wall, and the consequential notice dated 06.12.2016 (Ext.P8) issued by the Revenue Divisional Officer, Adoor, instant writ petition is filed to quash the same.

2. Writ petitioners have contended that they are in absolute possession and enjoyment of an extent of 2.43 Ares of property in Survey No.165/5 of Omallur Village by virtue of gift deed No.2490/2013. One of the main grounds urged by the writ petitioners is that, the impugned order Exhibit-P7 has been passed by the Kerala State Human Rights Commission exceeding its powers vested under law. The issue involved, relates to a complaint made by the 4th respondent on 25.07.2015 before the Kerala Stater Human Rights Commission that the petitioners removed earth from the northern side of the Panchayat road, whereby the passage through the road has become difficult. The 4th respondent has also filed a complaint

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