IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 WP(C).No. 27591 of 2009(T) ---------------------------------------- PETITIONER(S): ------------------------ VINCENT, RENNI HOUSE, ARUMANNURKADA, POOVAR P.O., THIRUVANANTHAPURAM, BY ADVS. MR.S.M.PREM, SMT.K.P.SANTHI, MR.P.K.NIJOY, SMT.NISHA G.THARAMAL. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, SURVEY DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, NEYYATTINKARA. 4. THE VILLAGE OFFICER, THIRUPURAM VILLAGE, THIRUVANANTHAPURAM, 5. VASUDEVAN NAIR, VADAKKUBHAGAM VEEDU, THIRUPURAM, THIRUVANANTHAPURAM - 695 027. 6. PARITHOSH @ UNNI, S/O.BHASKARAN NADAR, B.S.PURAM, THIRUPURAM, THIRUVANANTHAPURAM - 695 027. 7. VIJI, W/O.PARITHOSH, PARITHOSH, B.S.PURAM, THIRUPURAM, THIRUVANANTHAPURAM - 695 027. R1 TO R4 BY SR.GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 27591 of 2009 - T ---------------------------------------- Dated 1st October, 2009 Judgment Heard Sri.S.M.Prem, the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is the owner of a large tract of wet lands situated in Tirupuram Village of Thiruvananthapuram district. A dispute arose between him and respondents 5 to 8 regarding the right of way to the said lands. The petitioner thereupon moved the Tahsildar, Thiruvananthapuram who passed Ext.P3 order directing the party-respondents to restore the varamba which is the pathway claimed by the petitioner to its original state. The party-respondents thereupon moved the Revenue Divisional Officer by way of appeal. On that appeal, the Revenue Divisional Officer passed Ext.P5 order staying the operation of Ext.P3. The petitioner thereupon filed W.P. © No.19582 of 2008 in this Court. In that writ petition, this Court passed Ext.P6 judgment directing the Revenue W.P.(C) No.27591/2009 2 Divisional Officer to pass final orders on the appeal. The Revenue Divisional Officer accordingly passed Ext.P7 order holding that there is no merit in the petitioner's complaint. 3. In my opinion, as the right claimed by the petitioner is a right of way to his lands and as the pathway in question is not a public pathway, the Executive Magistrate cannot exercise any jurisdiction as regards the said pathway. The remedy of the petitioner, in my opinion, lies in moving the competent civil court seeking enforcement of his rights. It is brought to my notice that the petitioner has already moved the competent civil court for the relief of declaration and injunction. In such circumstances, without prejudice to the petitioner's contentions and reserving liberty with him to prosecute the suit already instituted in the competent civil court, this writ petition is dismissed. P.N.RAVINDRAN Judge vaa