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2013 Supreme(Online)(KER) 1718

HIGH COURT OF KERALA
K.HARILAL, J
K T KURIAKOSE – Appellant
Versus
REVENUE DIVISIONALOFFICER, MUVATTUPUZHA – Respondent


O R D E R

The Revision Petitioner is the complainant in the impugned order under challenge passed by the 1st respondent. This Revision Petition is filed against aforesaid order refusing to restrain the 4th respondent from making any construction of wall on the side of a public road.

2. The petitioner is a resident of Ward No.10 of Thiruvaniyoor Panchayat and he is having property along southen side of the road from Chameri to Kalappamattom. According to the avernments in the complaint during 1982, the road was formed with a width of 8 meters by the Panchayat under the effort of the people in the locality. The people of the locality has surrendered land to create the road. The road is having a length of about 600 meters. The 4th respondent is the owner of property having an extent of

1.6880 Hectares of land along the northern side of the road. The 4th respondent is having frontage of about 128 meters. Along the frontage of the road, the property of the 4th respondent is having a kayyala wall made of boulders and earth. That wall is about 25 years old. Outside the wall, along the road border an electric post is also standing.

3. During July 2011, the 4th respondent started digging on th

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