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2026 Supreme(Online)(Ker) 7452

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
PRASANTH .T.J – Appellant
Versus
THE SUPERINTENDENT OF POLICE – Respondent


Advocates:
For the Appellants/Petitioners: T.P.SAJID, K.P.MOHAMED SHAFI, SHIFA LATHEEF, MUHAMMED HAROON A.N., SREESHMA B. CHANDRAN, HASHARURAHIMAN U., MOHEMED FAVAS
For the Respondents: SAFWAN K., SHYAM KRISHNAN, S.K.HARISH, N.B.SUNILNATH, GENS GEORGE ELAVINAMANNIL, AMMINIKUTTY K., SR.GP

JUDGMENT

Petitioners are owners of separate properties situated in Survey Nos.855/4, 855/5 of Thrikkakara Village, and have constructed independent residential houses. The properties owned by the petitioners, initially belonged to the father of the 4th respondent. Those properties devolved upon the 4th respondent, her siblings and her mother. The predecessors in title of the petitioners had purchased their properties from the brother of the 4th respondent as per different title deeds. Later, petitioners purchased their properties as per Ext.P1 to Ext.P16 title deeds. The access to their property is through a way provided to them and specified in the title deeds itself.

2. The petitioners allege that they had laid interlocking tiles through the 29 metre portion of the way to their individual houses, but for the 30 metre portion of the pathway, the 4th respondent objected to the laying of tiles. A rough sketch of the pathway and the division of plots have been produced as Ext.P18. photographs of the incomplete mode in which the tiles have been laid have also been produced, as Ext.P19 to Ext.P21. According to the petitioners, the 30 metre portion of the way is remaining without any main

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