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2025 Supreme(Online)(Ker) 32555

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
SATHEESH D. – Appellant
Versus
REVENUE DIVISIONAL OFFICER – Respondent


Advocates:
For the Appellants/Petitioners: SRI.R.T.PRADEEP, SMT.M.BINDUDAS, SRI.NIRANJAN T. PRADEEP
For the Respondents: SRI.K.S.BHARATHAN, SHRI.A.D.SHAJAN, SMT.SINDHU SANTHALINGAM, SMT.JESSY S.SALIM, SRI.ALPHIN ANTONY, SRI.AADITHYAN S.MANNALI, JISHNU P.P., SMT.RADHIKAKRISHNA, SMT.ANIMA M.

Table of Content
1. property rights obstructed by illegal burial. (Para 1 , 2)
2. arguments presented regarding authority and property disputes. (Para 4 , 5 , 6)
3. pending civil disputes affecting administrative actions. (Para 7)
4. court directs administrative officer to conclude proceedings. (Para 8)

JUDGMENT

Dated this the 23rd day of June, 2025 The petitioner has approached this Court aggrieved by the inordinate delay in taking a decision by the 1st respondent to remove the mortal remains of deceased Sri.Vijayan illegally and unauthorisedly buried in the property of the petitioner which is being used as a pathway, as the only means of ingress and egress to his residence.

2. The petitioner purchased an extent of 21 Square Metres of property from the deceased Sri.Vijayan for using it as an exclusive pathway for his residential home which is situated on the south of the property of the deceased as per Sale Deed No.103/2024 dated 02.02.2024. He effected mutation, changed patta and is paying tax to the said property as paramount title holder in possession. The vendor of the property namely deceased Vijayan who was otherwise healthy was seen dead under suspicious circumstances on 11.09.202

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