IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.ANIL KUMAR THURSDAY, THE 2^ND DAY OF SEPTEMBER 2021/11TH BHADRA, 1943 RSA NO. 185 OF 2020 A.S.No.50/2018 ON THE FILE OF THE ADDITIONAL DISTRICT COURT-V, KOTTAYAM DATED 21.12.2019 O.S.No.190/2015 ON THE FILE OF THE MUNSIFF'S COURT, CHANGANACHERRY DATED 12.1.2018 APPELLANT/APPELLANT/PLAINTIFF:

T.K.RADHAKRISHNAN, AGED 61 YEARS, S/O. KUNJUKUTTAN, TELLIPARAMBIL HOUSE, KURICHY KARA, KURICHY VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM.

BY ADVS.

SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENTS/RESPONDENTS/DEFENDANTS 1 TO 10:

1 THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM-686 001.

2 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, MINI CIVIL STATION, KOTTAYAM-686 002.

3 THE BLOCK DEVELOPMENT OFFICE, PALLOM BLOCK PANCHAYATH OFFICE, VADAVATHOOR, KOTTAYAM-686 003.

4 ASSISTANT EXECUTIVE ENGINEER, ROAD SECTION,L.S.G.D., PALLOM BLOCK PANCHAYATH OFFICE, VADAVATHOOR.P.O., KOTTAYAM-686 010.

5 ASSISTANT ENGINEER, L.S.G.D.SECTION, PALLOM BLOCK PANCHAYATH OFFICE, VADAVATHOOR P.O., KOTTAYAM-686 010.

6 THE OVERSEER, L.S.G.D.SECTION, PALLOM BLOCK PANCHAYATH OFFICE, VADAVATHOOR.P.O., KOTTAYAM-686 010.

7 THE SECRETARY, KURICHY GRAMA PANCHAYATH, OFFICE OF THE KURICHY GRAMA PANCHAYATH, KURICHY P.O., KOTTAYAM DISTRICT-686 532.

8 K.F.PAPPACHAN, AGED 71 YEARS, S/O.FRANCIS, KALLUMADICKAL HOUSE, THURUTHY P.O., CHANGANACHERRY-683 545.

9 A.V.OMANAKUTTAN, AGED 64 YEARS, S/O. VASU ACHARI, THINKAL HOUSE (ASARIPARAMBU), THURUTHY.P.O., CHANGANACHERRY-683 545.

10 M.R.REGHUDAS, AGED 54 YEARS, VILLAGE OFFICER, KURICHY VILLAGE, NOW WORKING AS DEPUTY TAHASILDAR, OFFICE OF THE DISTRICT COLLECTOR, KOTTAYAM-686001.

R1, R2 & R4 BY GOVERNMENT PLEADER SRI.T.JAYAN R7 BY SRI.VINOD SINGH CHERIYAN R7 BY SRI.T.M.KHALID R7 BY SMT.K.P.SUSMITHA R8 & R9 BY SRI.V.PHILIP MATHEW R8 & R9 BY SRI.JEPH JOSEPH THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 25.08.2021, THE COURT ON 02.09.2021 DELIVERED THE FOLLOWING:

[CR]

JUDGMENT

Sri.T.K.Radhakrishnan, the appellant in this Regular Second Appeal instituted a suit as O.S.No.190/2015 of the Munsiff's Court, Changanacherry (hereinafter referred to as 'the trial court') for declaration of title and consequential recovery of possession over the plaint schedule item No.3 and also for a decree of mandatory injunction directing the defendants to restore item No.3 property to its original status and other reliefs.

2. The averments made in the plaint in brief are capitulated below for better appreciation:-

The plaint schedule item No.1 property comprised in Re.Sy.No.255/21 of Kurichy Village having an extent of 1.10 ares of land was purchased by the plaintiff as per the sale deed No.274/2011 dated 3.2.2011. Likewise, an extent of 90 sq.m. of property in the very same survey number was purchased by the plaintiff on 19.5.2011 as per the sale deed No.1102/2011 of the SRO, Changanacherry. The plaintiff has been residing with his family in the above property for the last 4 years. He purchased the property from one Paulose. On the eastern side of the plaint schedule property is the Sankarapuram- Ikkaramattam road and towards the west-east, the Ayiroor-Vadakkethil road is situated. Connecting the above said roads on its southern side was a beaten track having a width of 2 feet and length of 22¾ feet. The above said property is being used by the defendants 8 and 9 who are residing on the western side of item No.1 property. Under the leadership of the 8^th defendant, the western property owners trespassed upon the plaint schedule item Nos.1 and 2 and constructed a road with a width of 3.65 m. by grabbing 1.75 cents of property from the plaintiff and concreting the road annexing with the pathway.

Subsequent to the trespass, the road is named as the Asariparambu-Puthenpurackal road. They have clandestinely included the road and the portion trespassed upon as the property of the Panchayat and entered in the asset register of the Panchayat subsequently. The def