The authority must adjudicate on unauthorized constructions affecting access to private property, ensuring fair hearing to concerned parties.

JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

"I. Issue a writ of Mandamus or any other Writs, direction or order, commanding the respondents 2 to 10 to remove all the unauthorized constructions and erections in the public road in front of the petitioner’s properties and lodge.

II. Declare that, the respondents 2 to 10 are liable to remove all the unauthorized constructions and erections made in the public road, in front of the petitioner’s properties and lodge during the festival season at the behest of the 1st respondent.

III. To dispense with translation of Malayalam documents. IV. Issue such other order or direction as deem fit and necessary by this Hon’ble court. "

[SIC]

2. The petitioner is conducting a lodge in his properties, in the name and style of “Ponmala Residency”, is the submission. According to the petitioner, the unauthorized erections and constructions of temporary shops in the public road is preventing ingress and egress to the petitioner's properties and his lodge. Such erections and constructions of temporary shops are done at the instance of the 1^st respondent, is the submission. The petitioner relied Ext.P3 proceedings of the Village Officer, Malayattoor to the Revenue Divisional Officer, Fort Kochi, in which it is stated that there is obstruction to access the petitioner’s lodge, and the same should be removed. Hence, this writ petition. 3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 1^st respondent.

4. The counsel appearing for the petitioner reiterated the contentions raised in this writ petition. The counsel appearing for the 1^st respondent submitted that the 1^st respondent had counter affidavit. Along with the counter, the 1st respondent produced some of the decrees passed by the civil Court. According to the 1^st respondent, the predecessor of the petitioner approached the civil court, and the suit was dismissed and the suit filed by the Church was allowed. The learned counsel for the 1^st respondent submitted that Exts.R1(f) and R1(b) judgments shows that the pathway belongs to the 1^st respondent. I do not want to make any observations about the same.

5. It is a fact that, the Village Officer addressed the Revenue Divisional Officer as per Ext.P3, and reported that the entry to the petitioner’s lodge is blocked. Hence, the Revenue Divisional Officer can be directed to consider this issue, in the light of Ext.P3, with notice to the petitioner and the 1^st respondent, within a time frame.

Therefore, this writ petition is disposed of with the following directions:

i) The 2^nd respondent is directed to consider the issue in the light of Ext.P3, after giving sufficient opportunity of hearing to the petitioner and the 1^st respondent, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment.

ii) The petitioner and the 1^st respondent will appear before the 2^nd respondent on 23.02.2026 for hearing.

iii) If the petitioner or the 1^st respondent did not appear on that day, the 2^nd respondent can proceed with the matter and pass appropriate orders as directed above.

iv) All the contentions raised by the petitioner and the 1^st respondent are left open, and they are free to agitate the same before the 2^nd respondent.

v) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition with Exhibits before the 2^nd respondent for compliance.

vi) The 1^st respondent is also free to produce a copy of the counter affidavit filed before this Court along with the Exhibits produced along with the same.

Sd/-

P.V.KUNHIKRISHNAN JUDGE AJ