J U D G M E N T

The petitioner owns a parcel of land, 63 cents in extent, situated in R.S.No.16/2 of Kottooli amsom, Parayancheri desom, Kozhikode Taluk, Kozhikode District. A building bearing Door No.27/2303 of Kozhikode Corporation is situate therein. The said parcel of land was part of a common holding, the southern portion of which, having an area of 98 cents, belongs to the first respondent who is the Director of an educational institution known as Hilltop Public School. The access to the land belonging to the petitioner and the land in the possession of the first respondent is through a pathway having a total area of 27 cents. The owners of the northern and southern portions have equal rights over the said pathway. 2. With a view to put a building in the land possessed by the school, the first respondent submitted Ext.R1(a) application dated 18.10.2006 to the Secretary of Kozhikode Corporation. In that application, in column 4, the extent of the land was mentioned as 1.25 acres in R.Sy.No.16/2. It appears, the said application was processed by the Town Planning Officer of Kozhikode Corporation who forwarded it to the Chief Town Planner for approval of the site and the layout a