IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 13467 of 2011(G) -------------------------- PETITIONER: --------------- JOSE P.C., S/O.CHUMMAR, PULIKKOTTIL HOUSE, 43/1994, SKM ROAD, KOCHI-18. BY ADV. SRI.VARGHESE K.PAUL SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: --------------- 1. REVENUE DIVISIONAL OFFICER, FORT KOCHI-682003. 2. VILLAGE OFFICER, CHERANALOOR VILLAGE, VILLAGE OFFICE, CHERANALOOR, ERNAKULAM DISTRICT, PIN 682026. 3. P.D.JOSEPH, PUTHENVEETTIL, SOUTH CHITTOOR, ERNAKULAM DISTRICT- 682027. ADV. SMT.M.P.MARY FOR R3 GOVERNMENT PLEADER SRI.M.H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13467 of 2011(G) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 : COMPLAINT FILED BY THE 3RD RESPONDENT BEFORE THE 1ST RESPONDENT DT.21.8.2009. EXHIBIT P2 : REPORT OF THE 2ND RESPONDENT FILED BEFORE THE 1ST RESPONDENT DT30-09-2009. EXHIBIT P3 : NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DT.06/11/2010. EXHIBIT P4 : OBJECTION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.4.1.2011. EXHIBIT P5 : ORDER NO.D-5723/09 DT.23/04/2011 PASSED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A. TO JUDGE P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.13467 OF 2011 --------------------------------------- Dated this the 14th day of June 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Call for the entire records leading upto Ext.P5 and quash the same by issuing a writ of certiorari, or any other appropriate writ, order or direction. ii) Issue such other appropriate writ, orders or direction as this Hon'ble Court deems fit and proper in the facts and circumstances of the case. 2. The challenge raised by the petitioner is mainly that the 1st respondent is having no jurisdiction, power or competence to have issued any order like Ext.P5 and that, there is no question of any breach of the law and order. 3. The learned counsel appearing for the 3rd respondent also concedes that the remedy has to be worked out before the competent Civil Court. 4. Heard the learned Govt. Pleader as well. 5. In the above facts and circumstances, the concerned parties are relegated to approach the competent Civil Court for adjudication of the civil dispute in between. The observation W.P.(C) No.13467/2011 2 made by the 1st respondent in Ext.P5 giving a positive direction to provide the right of way along the boundary of the property in question is declared as of no effect. However, it is made clear that, this will not bar the parties from getting appropriate reliefs/orders from the competent Civil Court, if any such civil right is sought to be established over the property concerned. The Writ Petition is disposed of as above. vdv P.R.RAMACHANDRA MENON, JUDGE