IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 6879 of 2010(H) --------------------------------------- PETITIONER(S): ------------------------- VARGHESE PAUL, AGED 42 YEARS, VETTICHIRA HOUSE, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK, REPRESENTED BY POWER OF ATTORNEY HOLDER T.Y.GEORGE, AGED 60 YEARS, S/O.YOYAKI, THAMMARUKUDIYIL, PERUMBAVOOR VILLAGE. BY ADV. MRI.GEORGE SEBASTIAN RESPONDENT(S): --------------------------- 1. R.D.O.MUVATTUPUZHA. 2. THE VILLAGE OFFICER, ERAMALLOOR,KOTHAMANGALAM TALUK. 3. KURIAKOSE, S/O.MATHAI, VADATHU HOUSE, NELLIKUZHI, ERAMALLOOR VILLAGE, KOTHAMANGALAM TALUK. R1 & R2 BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6879 of 2010-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner is appearing through the power of attorney holder. He is aggrieved by Ext.P1 prohibitory order issued by the Village Officer, viz. the second respondent herein. The petitioner claims to be the owner in possession of 1 acre 49 cents of land in Sy. No.475/10B, 476/2, 476/3/1, 475/1B and 475/11B of Eramalloor village. Ext.P1 is issued based on a complaint filed by the third respondent that the petitioner is trying to join a pathway to the petitioner's property. It is the plea of the petitioner that it is not a public pathway. 2. Opposing the contents of Ext.P1, the petitioner has already moved the Revenue Divisional Officer, as per Ext.P2. Ext.P3 is the copy of the caveat petition filed by the third respondent, before the Sub Court. 3. I am not deciding anything on the merits of the contentions raised by the petitioner now, since the matter is pending before the Revenue Divisional Officer. The first respondent will, therefore, take a decision on Ext.P2 after hearing the power of attorney holder of the petitioner and the third respondent, as expeditiously as possible, at any rate, within a period of wpc 6879/2010 2 one month from the date of production of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/