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2022 Supreme(Online)(KER) 3743

HIGH COURT OF KERALA
P. G. Ajithkumar, J
VELAYUDHAN – Appellant
Versus
THE STATE OF KERALA – Respondent


JUDGMENT

The above writ petition is filed with the following prayers:

“(i) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding respondents 1 to 3 to consider Exhibit -P1 and remove the property from asset register of the panchayath, not to proceed further with repairing or widening the property as panchayath road, as the petitioner got half right over the same.

(ii) To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.”[SIC]

2. It is the case of the petitioner that he is the co-owner of a disputed private pathway and he obtained half right as per the compromise decree in O.S No.425 of 1980 of the Irinjalakkuda Munsiff Court. Ext.P1 is the decree. According to the petitioner, one Bahuleyan was the owner of the pathway and half right over the pathway purchased by the petitioner for valid consideration and accordingly compromise decree was passed. Later the said pathway was tarred by the petitioner and Bahuleyan and according to the petitioner it is maintained as a private road. Subsequently Bahuleyan sold his remaining adjacent properties. It is the case of the petitioner that they are attempting to make

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