Court's jurisdiction under Article 226 cannot resolve property rights when a civil suit on the same issue is pending.

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 4^th respondent, who is a welfare committee member of the Kappara Anganwadi. It is understood that the 4^th 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 mandatory injunction directing the 4^th respondent and his men to restore the property to its original position and restraining them from making further encroachment to the petitioners' property and for a declaration that the encroached property belongs to the petitioners and for damages. In the suit, a commission was taken out and the commissioner submitted Ext.P2 report evidencing the encroachment.

2.1 After the institution of the suit on 06.08.2022, the 2^nd respondent issued Ext.P3 notice dated 17.08.2022 directing the petitioner to remove the laterite stones placed by the petitioners in the way to the Anganwadi. The petitioners submitted Ext.P4 reply dated 30.08.2022. The petitioners have also submitted complaints before the police authorities and the Police issued Ext.P5 communication dated 28.09.2022 stating that the dispute is to be resolved by the competent Civil Court. On 17.10.2022, the 2^nd respondent issued Ext.P6 on the same lines in ExtP3. 2.2 In W.P.(C)No.34411 of 2022, the appellants sought a writ of certiorari to quash Ext.P3 notice dated 17.08.2022 issued by the 2^nd respondent and Ext.P6 communication dated 17.10.2022 issued by the said respondent, and issue a writ of mandamus commanding the 2^nd respondent not to pass any orders interfering with the civil dispute between the appellants and respondents 3 and 4.

3. In the writ petition, respondents 1 and 2 filed a counter affidavit dated 28.12.2022, producing therewith Exts.R2(a) and R2(b) documents. Paragraphs 4 to 9 of that counter affidavit read thus:

“4. With regard to the averments contained in this writ petition, it is most humbly submitted that the Anganwadi no. 107 (Kappara Anganwadi) situate in ward no. 2 of this Grama Panchayat. There is a small lane with an average width of 2m. starting from the Vengad road and joining the Kappara-Aambilad road, which is used as a public road. This small by-lane, known as 'KapparaAngawadi road', is having a length of 150 m. and is a motorable earthen road where two-wheelers and small vehicles like autorickshaws are plying. The students of the Anganwadi are mainly depending upon this road and the food items and other articles are brought to the Anganwadi through this lane for many decades. The said road is included in the asset register maintained by this Grama Panchayat as ID No. 214810050000000330. A copy of the relevant page of the asset register is produced herewith an