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Judgment
S.Manikumar, C.J.
English translation of Exhibit P2 order of the Kerala State Human Rights Commission in H.R.M.P.No.6625/11/15/2019/PTA dated 16.3.2021 and Exhibit P3 communication dated 4.5.2021 issued by the Tahsildar, Konni to the Village
Officer, Chittar, which are impugned in this writ petition, read thus:
“KERALA STATE HUMAN RIGHTS COMMISSION
Present : V.K.Beenakumari
H.R.M.P.No.6625/11/15/2019/PTA
Complainant : Sr.K.K.Mani
Kochuparampil„ Mankkayam
Chittar P.O, Pathanamthitta
Order dated 16th March, 2021
The facts in the complaint is that the complainant who is earning his livelihood through cattle rearing has purchased a property in a place named Chittar Pambini (Chitar P.O) Vadakkekara muri, Kumaramperoor, Chittar Seethathodu Village, Chittar Panchayat. He was
taking his cattle's through a way. But 6 months before one of his neighbour encroached into the Panchayat road and closed the way denying complainants right of way.
A report was called for by the commission from the Tahsildhar, Konni Taluk in the matter. As per the said report ""when the complainant - Sri.K.K.Mani purchased the property there was a pathway through the northern side of the property in east-west direction for
entering into the property. The complainant, his family and his cattle's was walking through the said pathway. For the past several years the complainant was using a pathway which proceeds to east from his house. For past 3 years the complainant is not using the
said pathway. One Smt.Rajeela who is residing on the southern side of the pathway raised some disputes with regard to the pathway and filed a case before the court. But the neighbours opened the way which was closed by Smt.Rajeela. When the above said way
obstructed, one Mr.Valsarajan Thadathil who is residing on the northern side of the house of the complainant permitted him to walk through his property. Even though the neighbours opened the way which was obstructed the complainant and his family was reaching
to the road through the property of Mr.Valsarajan. Gradually, the way which was mentioned in the deed and which was passing through the northern side of the property of Smt.Rajeela became nonexistent. Thereafter based on a court order Smt.Rajeela constructed a
compound wall on the western side of her property and denied the right of access of the complainant and his family through the above said way.
The pathway which leads to the western side of the road from the northern side of the house of the complainant was closed by Smt.Leelamma Maruthopathalil using a fence for the purpose of replanting of rubber trees in her properties and to prevent the cattle's
destroying her cultivation. She assured that the fence will be removed after the rubber trees grow. The complainant agreed for the same. But even after 5 years after planting the rubber trees Smt.Leelamma has not opened the way. The owner of the pathway,
Mr.Valsarajan through which the complainant was walking did not permit entry of women through that way during some timings as there some Pooja in his property during evening.
The complainant and his family belong to schedule caste and they are extremely poor and they are leading a peaceful life. Presently the complainant and his family are not getting the support of the society. Though complainant's neighbours are willing to open the
walkway by using force in favour of complainant, complainant stopped them and took a firm stand to take proper legal measures to open the walkway. This is the reason why the complainant and his family are not getting support of the society.
This report has also been received by the Complainant. He informed during the camp sitting at Pathanamthitta on 09-03-2021 that his demand is to open the walkway through proper legal way as stated in the report. In this circumstances commission directs Tahsildar
Konni Taluk to open the walkway in favour of Complainant for freedom of movement. For that purpose Police Assistance can be sought for. Petition is closed with this direction.
Copy of the order should be given to petitioner and Tahasildar,Konni Taluk                             Â
  Signature
V.K.Beenakumari
Member
Kerala State Human Rights Commissionâ€
************
“Administrative language - Mother tongue
No.B8-3107/21
                                                                                                                        Â
Taluk office, konni-689691
         Date 04.05.2021
       Phone No.0468 2240087
Tahsildar
Konni  Â
Village officer
Chittar
SUBJECT- Regarding the execution of Human Right Commission's order related to blockade of walkway.
REFERENCE-
1) Complaint of shri.K.K.Mani, Kochuparambil, Manakayam,Chittar.
2) Kerala State Human Right Commission's order (HRMP.6625/19/PTA) dated 23.03.21.
3) Report No (87/20) of that institution dated 09.03.2020.
Based on the order (reference 2) Human Rights commission has directed to take steps for opening the walk way for freedom of movement in favour of petitioner in the complaint ( reference 1) given by Shri.K.K.Mani against the blockage of walkway with iron fencing
from the north side of his house to west side by Leelamma, Maruthopathalil and also directed to take police protection if necessary for the execution of this order. Copy of the order is hereby affixed.
Yours faithfully
Tahsildarâ€
Heard Mr.V.Philip Mathews, learned counsel for the petitioner.
Going through Exhibit P2 order, prima facie we are of the view that no notice is given to the petitioner before passing the same, thus there is a violation of the principles of natural justice.
Learned Government Pleader takes notice for respondents 1, 3, 4 and 5. Issue notice by speed post to respondent No.6 returnable in two weeks.
There shall be an interim stay of the operation of the impugned Exhibit P2 order and Exhibit P3 communication.
Post on 21.7.2021.