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2026 Supreme(Online)(Ker) 2955
IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
MANIKKAN – Appellant
Versus
DISTRICT COLLECTOR, PALAKKAD – Respondent
WP(C) NO. 1198 OF 2026
For the Appellants/Petitioners: SRI.JOBI.A.THAMPI, SHRI.BINNY.A.THOMAS, SMT.S.R.REMYA, SRI.C.M.EBRAHIM, SRI.SHOUKATH HUSAIN, SRI.JERRYMON ABRAHAM, SRI.ASHIQ HUSSAIN U, SMT.NISHMMA JAMES
For the Respondents: SRI. RAJEEV JYOTHISH GEORGE
A Sub Divisional Magistrate must follow specific procedures under Section 152 of BNSS for complaints regarding public pathways.
Headnote:The petitioner sought a direction regarding the disposal of a complaint concerning obstruction of a pathway, filed under Section 152 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The court noted the procedural requirements for the Sub Divisional Magistrate in such matters. The court directed that the Sub Divisional Magistrate consider and decide on the complaint according to law, if not previously resolved. The writ petition is disposed of as above.
| Table of Content |
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| 1. the petitioner requests a legal remedy for pathway obstruction. (Para 1) |
| 2. the court outlines the procedural requirements for the sub divisional magistrate under bnss. (Para 2) |
| 3. the court directs the appropriate decision on the complaint according to law. (Para 3) |
JUDGMENT
The petitioner seeks for a direction inter-alia to dispose of Exhibit-P3 filed before the 2nd respondent.
1. Petitioner complains about certain obstructions to an alleged pathway leading to his house by the acts of the 5th respondent. The complaint was filed as Exhibit-
P3 before the 2nd respondent.
2. On a reading of Exhibit-P3, it is noticed that the same is in the nature of a petition filed under Section 152 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ), 2023.
When the 2nd respondent exercises the jurisdiction under Section 152 of BNSS , he stands in the position of a Sub Divisional Magistrate and the proceedings assume the character of a legal proceeding. Once the Sub Divisional Magistrate exercises jurisdiction under of , there are certain procedures that are required to be followed, including issuance of notice to the opposite side, verifying whether it is a public way or not and he must pass appropriate orders thereon.
2. Having regard to the limited relief sought for by the petitioner, I am of the opinion that this writ petition can be disposed of.
3. Accordingly, there will be a direction to the Sub Divisional Magistrate, Palakkad (arrayed as the 2nd respondent in this writ petition) to consider and take appropriate decision on Exhibit-P3, in accordance with law, if it has not already been disposed of.
The writ petition is disposed of as above.
Sd/-
