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2021 Supreme(Ker) 696

S.MANIKUMAR, SHAJI P.CHALY
Leelamma Rajan @ Sosamma, W/o. Late Rajan – Appellant
Versus
State of Kerala, Represented by its Principal Secretary, Department of Revenue, Kerala Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: V. Philip Mathews, Gibi C. George, Radhakrishnan E., Amal Parthasarady.
For the Respondent: Ramesh P., Sri. K.P. Harish, SR GP.

JUDGMENT :

S. Manikumar, J.

Instant writ petition has been filed for the following reliefs:-

    “(i) Issue a writ of certiorari or other appropriate writ order quashing Exhibits P2 and P3.

(ii) Issue a writ of mandamus or other appropriate writ order directing respondents 3 and 4 to restore the property of the petitioner covered by Exhibit P1 to its original position or in the alternative permit Petitioner to do so and realize its expenses from respondents 1, 3 and 4.”

2. Short facts leading to filing of the writ petition are as hereunder:-

Instant writ petition is filed challenging Ext. P2 order of the Kerala State Human Rights Commission, represented by its Secretary, Thiruvananthapuram, the 2nd respondent, directing to cut open a way through the petitioner's property, based on a complaint on Mr. K. K. Mani, Kochuparambil House, Manakkayam, Chittar P.O., Pathanamthitta, the 6th respondent, and Ext. P3 order of the Tahsildar, Konni, Pathanamthitta, the 3rd respondent, directing the Village Officer, Chittar, Pathanamthitta, the 4th respondent, to take consequential action based on Ext. P2 order.

According to the petitioner, she is a widow who owns 91.42 cents of property in Chittar Village c

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