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2025 Supreme(Online)(Ker) 57727

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
P.V.Parameswaran – Appellant
Versus
Kottayam Grama Panchayath – Respondent


Advocates:
For the Appellants/Petitioners: Shri.Shreehari K.K., Shri.Shyam Mohan A.K., Shri.K.Rajesh Khanna
For the Respondents: Shri.R.Rajpradeep, SC, Shri.Sachin Ramesh, Smt.Sreedvi S.

JUDGMENT

MURALEE KRISHNA S., J The petitioners in W.P.(C)No.34411 of 2022 filed this writ appeal under Section 5 (i) of the Kerala High Court Act , 1958, challenging the judgment dated 08.10.2025 passed by the learned Single Judge in that writ petition.

2. Going by the averments in the writ petition, the petitioners are in ownership and possession of property having an extent of 55 cents of Kottayam village in Kannur District. On the southern side of the property, there is an unused pathway. On 30.06.2022, when the petitioners came back from Bangalore after visiting their daughter, it was alarmingly noticed that the mud wall on the southern boundary of the property was destructed to a length about 70 meters encroaching upon the petitioners' property. On enquiry, it is learned that the encroachment is made at the instance of the 4th respondent, who is a welfare committee member of the Kappara Anganwadi. It is understood that the 4th respondent and his men committed trespass with a view construct a road to the Anganwadi encroaching upon the property of the petitioners. The petitioners thereupon filed a suit as O.S.No. 351/2022 before the Munsiff Court, Kuthuparamba with a prayer for

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