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2022 Supreme(Online)(KER) 56301

HIGH COURT OF KERALA
T. R. Ravi, J
VENUGOPALAN M., – Appellant
Versus
PERUVEMBA GRAMA PANCHAYAT – Respondent


Advocates:
SRI SAJAN VARGHEESE K., SRI LIJU. M.P, SRI JOPHY POTHEN KANDANKARY, SRI BRIJESH MOHAN, SRI T.C.SURESH MENON, SRI R.RAJ PRADEEP, SRI B.DEEPAK

JUDGMENT

The issues involved in these two writ petitions are intrinsically connected and the writ petitions are being heard and disposed of together.

W.P.(C)No.28421 of 2020

2. The petitioner owns 9 cents of land in Re-Sy.No.386/2010 of Peruvembu Village. He has constructed a residential building therein. The property was purchased as per document No.369/1996 of SRO, Koduvayoor. There is a pathway in front of the property, which according to the petitioner, is having a width of 2.5 Metres. It is stated that on the other side of the pathway, there is a paddy field belonging to several persons, including the 4th respondent. It is further submitted that the pathway leads to the property of the 4th respondent and other residents. The contention of the petitioner is that the pathway does not belong to the Panchayat and hence it does not find a place in the Road Register of the Panchayat. According to the petitioner, the 4th respondent tried to take water from the canal lying on the northern side of the petitioner's property abutting the Olassery- Palathully Road, for cultivating his paddy fields on the southern side through the mud road, which was questioned by the petitioner and taken up

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