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. 23687 of 2009(E) -------------------------- PETITIONER : -------------------- T.S.AJAYAN, S/O.SADHASIVAN, AGED 31 YEARS, THAIPARAMBIL, SEA VIEW WARD, ALAPPUZHA. BY ADV. MR.E.D.GEORGE RESPONDENTS : ----------------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA. 2. REVENUE DIVISIONAL OFFICER, ALAPPUZHA. 3. SUPERINTENDENT, RE-SURVEY DEPARTMENT, ALAPPUZHA. 4. SHAJI, S/O.METHREENJU, VALIYAVEETTIL, SEA WARD, ALAPPUZHA. R4 BY ADV. MR.ABDUL JALEEL.A 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: JVT T. R. RAMACHANDRAN NAIR, J ------------------------- W.P.(C.) No. 23687 of 2009 --------------------------------- Dated this the 04th day of March 2010 J U D G M E N T What is under dispute herein is about a pathway which according to the petitioner is situated in a puramboke land. By Ext.P6 on a complaint raised by the petitioner, District Collector informed him that the property in question is a part of the property owned by the 4th respondent coming within Re-survey No.31. There is no separate pathway and therefore there could not be any subdivision of the pathway that too as a puramboke land. 2. The 4th respondent has filed a detailed counter affidavit in the matter contending that there is no pathway through his property. Actually the dispute is in respect of the existence of a pathway which according to the petitioner, he has got a right to use. The proper remedy of the petitioner is to approach the Civil Court in the light of the fact that the revenue authorities have W.P.(C)No.23687 of 2009 -2- rejected the complaint. Leaving open the said remedy, the writ petition is closed. T. R. RAMACHANDRAN NAIR, JUDGE Jvt