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2025 Supreme(Online)(Ker) 58087

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
SREE VENKITACHALAPATHY DEVASWOM – Appellant
Versus
LAND REVENUE COMMISSIONER – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.M.P.RAMNATH, SHRI.P.RAJESH (KOTTAKKAL), SRI.K.J.SEBASTIAN, SEI.M.VARGHESE VARGHESE, SHRI.BEPIN PAUL, SRI.SHALU VARGHESE, SRI.ANTONY THARIAN, SMT.SHANTHI JOHN, SMT.S.SANDHYA, SMT.P.B.MALINI RAO, SHRI.K.S.FRIJO
For the Respondents: SRI.P.B.SUBRAMANYAN, SRI.P.B.KRISHNAN (SR.), SRI.SABU GEORGE, SMT.B.ANUSREE, SRI.MANU VYASAN PETER, SMT.MEERA P., SMT.CHITRA JOHNSON

Table of Content
1. a challenge to the land conservancy proceedings. (Para 1 , 2 , 3)
2. details of the public pathway and its ownership. (Para 5 , 6 , 7)
3. arguments regarding the land ownership and access rights. (Para 8 , 9)

Dated this the 18th day of December 2025 A.Muhamed Mustaque, J.

This matter arises from a challenge to the proceedings under the Kerala Land Conservancy Act , 1957. The learned Single Judge refused to interfere with the matter.

2. The appellant, Sree Venkitachalapathy Devaswom, is a temple situated on 30.40 Ares of land in Survey No. 862/2 of Rameswaram Village in Kochi Taluk.

3. Access to the temple is through land in Survey No.862/4 of Rameswaram Village. This access is shown as a puramboke pathway in the revenue records. Admittedly, this pathway is being used as access to the temple by the temple devotees and the neighbouring owners towards their compounds.

4. The temple put up an arch at the entrance of the access.

The total extent of the access is 5.26 ares.

5. There were several litigations initiated by the neighbouring owners seeking the removal of the arch and the obstruction now put up, for having smooth vehicular traffic through this land. We are not refe

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