IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 19^TH DAY OF JUNE 2024 / 29TH JYAISHTA, 1946 WP(C) NO. 26511 OF 2016 PETITIONERS:

1 P.J. THOMAS S/O.JOSEPH, AGED 67 YEARS, RESIDING AT 8/397, PARACKAL HOUSE, PAINGARAPILLY P.O., PIN - 682 314, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

2 SABU S/O.VARKEY, AGED 48 YEARS, RESIDING AT THORACHIYIL HOUSE, PAINGARAPILLY P.O., PIN - 682 314, MULANTHURUTHY VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT.

3 SURESHKUMAR AGED 39 YEARS, S/O.BHASKARAN NAIR, SANTHOSH NILAYAM, MADATHIMAYALIL HOUSE, PAINGARAPPALLY P.O., PIN - 682 314, MULAMTHURUTHY, ERNAKULAM DISTRICT. 4 SANTHOSHKUMAR AGED 53 YEARS, S/O.BHASKARAN NAIR, SANTHOSH NILAYAM, MADATHIMAYALIL HOUSE, PAINGARAPPALLY P.O., PIN - 682 314, MULAMTHURUTHY, ERNAKULAM DISTRICT.

BY ADVS.

SRI.ABRAHAM MATHEW (VETTOOR)

SRI.ANIL ABEY JOSE RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

2 THE DISTRICT COLLECTOR ERNAKULAM DISTRICT, COLLECTORATE, KAKKANADU, ERNAKULAM, PIN - 682 031.

3 THE TAHSILDAR KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM, PIN - 682 011. 4 THE VILLAGE OFFICER MULAMTHURUTHY, PIN - 682 314.

5 DISTRICT SUPERINTENDENT OF SURVEY AND BOUNDARIES KAKKANAD, ERNAKULAM, PIN - 682 031.

6 THE TALUK SURVEYOR KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM PIN - 682 011.

7 MULAMTHURUTHY GRAMA PANCHAYATH MULAMTHURUTHY P.O., PIN - 682 314, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY.

8 COCHIN DEVOSAM BOARD HEAD OFFICE, ROUND NORTH, THRISSUR - 680 001, REPRESENTED BY ITS COMMISSIONER.

9 THE ASST. COMMISSIONER COCHIN DEVASWOM BOARD, BHAGAVATHY TEMPLE, CHOTTANIKKARA P.O., ERNAKULAM DISTRICT.

10 THE SPECIAL THAASILDAR, COCHIN DEVASWOM BOARD, OFFICE OF THE SPECIAL THAHASILDAR, LC UNIT, TRISSUR - 20 BY ADVS.

SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.N.RAJAGOPALAN NAIR SRI.S.SREEKUMAR SR.

SRI.KRISHNA MENON, SC, COCHIN DEVASWOM BOARD SRI.THOMAS P.KURUVILLA OTHER PRESENT:

SRI.RIYAL DEVASSY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J. --------------------------------

W.P.(C).No.26511 of 2016 ----------------------------------------------

Dated this the 19^th day of June, 2024

JUDGMENT

This writ petition is filed with following prayers:

i. Issue a writ of mandamus or other appropriate writs orders or directions commanding the 7^th respondent to duly record the extent of 4.70 Ares of Puramboke land comprised in Re. Sy. No.154/11 (Old Sy. No. 1386, 1345/1) in Mulamthuruthy Village, clearly shown in Ext.P9 plan, as a public way duly vested with the Panchayath in its asset records as required under Sec. 169 of the Kerala Panchayath Raj Act, 1994 and to protect and preserve the same as a public road without being interfered in any manner by the respondents 8 to 10 or any body else.

ii. Direct the respondents 2 to to furnish the necessary records and details with respect to the 4.70 Ares of Puramboke land nalathuvazhi comprised in Re. Sy. No. 154/11 (Old Sy. No.1386, 1345/1) in Mulamthuruthy Village to the 8^th respondent to record the same in its asset register pursuant to Ext. P7 judgment.

iii. To declare that the respondents 9 and 10 are not having any independent right, title or possession over Ext. P9 puramboke land used as a public way and further that they have no right or authority to make any constructions therein ignoring Ext.P1, P2 and P9 survey records.

iv. Restrain the respondents 8 to 10 from making any erections or constructions in the 4.70 Ares of Puramboke land nalathuvazhi comprised in Re.Sy. No.154/11 (Old Sy. No.1386, 1345/1) in Mulamthuruthy Village clearly shown in Ext. P2 and P9.

v. To grant such other reliefs which the petitioner may seek from time to time and this Hon'ble Court may deem fit to be granted in the circumstances of the case.

(SIC)

2. It is submitted that in the resurvey conducted in the Mulan