Kerala HC Quashes Orders on Drainage Channel in K.P.Narayanan Nambiar vs P.M.Krishnan Namboodiri
Parties Involved
K.P.Narayanan Nambiar
P.M.Krishnan Namboodiri
AI Summary
The Kerala High Court quashed the orders of the Sub Divisional Magistrate that directed the petitioner to restore a natural drainage channel on his property, ruling that the issue should be resolved in civil court rather than through criminal proceedings. The court found that the rights claimed by the temple authorities over the drainage channel were private easement rights, not established by law.
Order Text
K.P.Narayanan Nambiar vs P.M.Krishnan Namboodiri on 17 February, 2026 2026:KER:13496 Crl.M.C No.5823/2019 -:1:- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE G.GIRISH TUESDAY, THE 17TH DAY OF FEBRUARY 2026 / 28TH MAGHA, 1947 CRL.MC NO. 5823 OF 2019 IN MP NO.18 OF 2015 OF SUB DIVISIONAL MAGISTRATE, THALASSERY PETITIONER/COUNTER PETITIONER: 1 K.P.NARAYANAN NAMBIAR, AGED 80 YEARS, NITHYYANANDA BHAVAN, P.O PINARAYI, TELLICHERI, KANNUR 670 741 2 T. PADMINI, W/O LATE K.P NARAYANAN NAMBIAR, AGED 66 YEARS, RESIDING AT A1-51, UNITY COMPLEX P.G MARY, RAJAPADA MALAD WEST MUMBAI -400064. ADDL P2 IS IMPLEADED AS PER ORDER DATED 25/01/2023 IN CRL.M.A.1/2023 IN CRL.M.C.5823/2019. 3 SAJAN NAMBIAR S/O LATE K.P NARAYANAN NAMBIAR, AGED 47 YEARS, RESIDING AT A1-51, UNITY COMPLEX P.G MARY, RAJAPADA MALAD WEST MUMBAI 400064. ADDL P3 IS IMPLEADED AS PER ORDER DATED 25/01/2023 IN CRL.M.A.1/2023 IN CRL.M.C.5823/2019. 4 REKHA JANARDHANAN D/O. LATE K.P NARAYANAN NAMBIAR, AGED 43 YEARS, RESIDING AT FLORENCE MANSION, RAILWAY GODOWN ROAD, INDRALI, UDUPI-, KARNATAKA- 576101. 2026:KER:13496 Crl.M.C No.5823/2019 -:2:- ADDL P4 IS IMPLEADED AS PER ORDER DATED 25/01/2023 IN CRL.M.A.1/2023 IN CRL.M.C.5823/2019. BY ADVS.SRI.M.P.ASHOK KUMAR SR I.P.C .GOPINATH SMT.BINDU SREEDHAR SHRI.ASIF N RESPONDENTS/PETITIONER AND STATE: 1 P.M.KRISHNAN NAMBOODIRI AGED 59 YEARS TEMPLE POOJARI, PINARAYI SREE PARVATHY PARAMESWARA TEMPLE, PINARAYI P.O, KANNUR 670 741 2 THE REVENUE DIVISIONAL...
