1. The appellant is the petitioner in the writ petition. The writ petition was filed by him on the following brief allegations:
The petitioner and his wife own 12 cents of land and a house. The third respondent is the neighbour. There was a public pathway of 3 metre width in front of the petitioner’s house leading to the public road. A portion of the said pathway lie on the side of the 3rd respondent’s property was clandestinely annexed to his land and got a decree from Civil Court fixing boundary accordingly. The said decree was executed by putting up wall as evident in Ext. P1 report of Ameen and P2 photographs. Later, constructions started by the third respondent was stopped by Panchayat being violative of Building Rules. When he tried to annex the presently available 1 metre pathway also to his land, the petitioner filed OS No. 811/2010 before Munsiff Court, Kollam, produced as Ext. P3. Order of injunction is passed. The 3rd respondent filed Written Statement and raised a counter - claim to have a survey of land and refix boundary. The said suit is pending consideration. Meanwhile, he approached the 1st respondent Ombudsman under the guise of the stop memo, who issued Ext. P9 o