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2026 Supreme(Online)(Ker) 1134

IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
THENHIPALAM SREE PARAMBATHU KAVU BHAGAVATHY KSHETHRAM – Appellant
Versus
THENHIPALAM GRAMA PANCHAYAT – Respondent
WP(C) NO. 25438 OF 2020



Advocates:
For the Appellants/Petitioners: SRI.C.M.MOHAMMED IQUABAL
For the Respondents: SHRI.MANOJ RAMASWAMY

Writ petitions are inappropriate for property encroachment disputes that should be settled in civil court.

Headnote:This judgment concerns a writ petition by the petitioner seeking to prevent the respondents from constructing a road through the petitioner's property. The petitioner alleges encroachment by respondents 3 to 5. The court advises that such matters should be pursued before a civil court, stating no grounds for the writ relief exist. The writ petition is concluded as closed.

JUDGMENT

The prayer of the petitioner is not to permit the respondents to construct road through the property belonging to the petitioner covered by Ext.P1 document. It is seen that the grievance raised by the petitioner is that an attempt is made by respondents 3 to 5 to encroach upon the property of the petitioner and to construct a road forcefully. I am of the view that these are matters which the petitioner has to agitate before a competent civil court and not before a writ court. Further, it is to be noted that when the matter came up for consideration on 19.11.2020, an interim order was granted by this Court for a period of two months to enable the petitioner to move the civil court for seeking reliefs sought for in the writ petition.

In view of the above, nothing survives in the writ petition and it is closed.

Sd/-

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