IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3050 of 2008(K) ------------------------- PETITIONERS: --------------- 1. P.P.SIDDIQUE, THOTTUNGAL HOUSE, CHERUVANOOR P.O., KOZHIKODE DISTRICT. 2. P.P.HUSSAIN, KOYA'S MANZIL, CHALIYAM P.O KOZHIKODE DISTRICT. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: ----------------- 1. THE ADDITIONAL DISTRICT MAGISTRATE, KOZHIKODE. 2. THE ASSISTANT EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, FEROKE, KOZHIKODE DISTRICT. 3. NAJEEB, ASARIKANDY HOUSE, CHERUKA PARAMBA, P.O.CHERUVANNUR, KOZHIKODE DISTRICT. R1 BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN. R2 BY SRI.P.P.THAJUDEEN, SC FOR KSEB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.3050 of 2008-K = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of January, 2008. JUDGMENT 1.Contrasting the findings in Ext.P1 with Ext.P2 sketch prepared by the petitioner, it is clear that the dispute being raised by the petitioner is in relation to an alleged pathway which, according to the petitioner, does not exist. Having regard to the manner in which the alignment is shown in Ext.P2 and in view of the reasons stated in Ext.P1, I am of the view that the Additional District Magistrate has correctly decided the issue and has left open such matters that would not fall within his jurisdiction. He has clearly left out any interference with the question as to the assertion of the rival parties regarding the pathway. It is also found that the most feasible route can be erected. Under such WP(C)3050/2008 -: 2 :- circumstances, I do not find any jurisdictional error or legal infirmity in the impugned order warranting interference. The writ petition fails. The same is accordingly dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/