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High Court of KeralaWP(C)/35203/2014disposed of

Baby v. Mohanan

2015-02-20Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 ---------------------------- PETITIONERS :

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1. BABY, S/O.DANIEL AGED 51 YEARS RESIDING AT B.J.BHAVAN, CHATHANOOR P.O KOLLAM TALUK, KOLLAM DISTRICT.

2. SHEEJA JOY, W/O.BABY AGED 38 YEARS RESIDING AT B.J.BHAVAN, CHATHANOOR P.O KOLLAM TALUK, KOLLAM DISTRICT.

BY ADVS.SRI.P.M.ZIRAJ SRI.A.M.ABDULLA SRI.O.M.SAJAYAN SRI.K.S.DHANESH KUMAR SRI.K.S.SREENATH SMT. RESHMA P JOSEPH SRI. SUBI K SRI.P.MOHAMED SABAH RESPONDENTS :

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1. MOHANAN, S/O.ANANDAN, AGED 52 YEARS SUNIL BHAVAN, ULIYANADU CHERRY, CHIRAKKARA VILLAGE-691 578.

2. THAMPI, S/O.SEKHARAN, AGED 51 YEARS CHARUVILA VEEDU, ULIYANADU CHERRY, CHIRAKKAL VILLAGE-691 578.

3. LAKSHMI, W/O.BALAKRISHNAN, AGED 54 YEARS AMBIKA SADANAM, ULIYANADU CHERRY, CHIRAKKARA VILLAGE-691 578.

4. OMANA, W/O.VELAYUDHAN, AGED 39 YEARS CHARUVILA VEEDU, ULIYANADU CHERRY, CHIRAKKARA VILLAGE-691 578.

5. SURENDRAN, S/O.SADASIVAN, AGED 59 YEARS SAJITH BHAVAN, ULIYANADU CHERRY, CHIRAKKARA VILLAGE-691 578.

6. THANKACHI, W/O.BABU, AGED 47 YEARS CHARUVILA VEEDU, ULIYANADU CHERRY, CHIRAKKARA VILLAGE-691 578.

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7. ABHILASH, S/O.GOPI, AGED 26 YEARS CHARUVILA VEEDU, ULIYANADU CHERRY, CHIRAKKARA VILLAGE-691 578.

8. THE INSPECTOR OF POLICE CHATHANNUR POLICE STATION, KOLLAM DISTRICT-691 013

9. THE SUPERINTENDENT OF POLICE KOLLAM DISTRICT - 691 001.

R3 BY ADV. SRI.R.RAJESH(PULLIKADA) R8 & R9 BY SR.GOVERNMENT PLEADER, SRI. C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-------------------------------- APPENDIX PETITIONERS' EXHIBITS :

----------------------------- EXT.P1 - TRUE COPY OF THE TAX RECEIPT DATED 29-4-2014 ISSUED BY THE VILLAGE OFFICER CHIRAKKARA VILLAGE.

EXT.P1(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P1 TAX RECEIPT DATED 29-4-2014.

EXT.P2 - TRUE COPY OF THE POSSESSION CERTIFICATE DATED 23-4-2014 ISSUED BY THE VILLAGE OFFICER CHIRAKKARA VILLAGE.

EXT.P2(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P2 POSSESSION CERTIFICATE DATED 23-4-2014.

EXT.P3 - TRUE COPY OF THE BUILDING PERMIT FROM CHIRAKKARA GRAMA PANCHAYATH FOR CONSTRUCTION OF RESIDENTIAL HOUSE DATED 13-05-2014 TO THE PETITIONERS.

EXT.P4 - TRUE COPY OF THE JUDGMENT DATED 20-3-2014 IN OS NO.56/2012 ON THE FILE OF MUNSIFF MAGISTRATE COURT, SOUTH PARAVOOR. EXT.P5 - TRUE COPY OF THE ORDER DATED 6-11-2014 IN IA NO.457/14 IN OS NO.118/2014 ON THE FILE OF THE MUNSIFF MAGISTRATE COURT, SOUTH PARAVUR.

EXT.P6 - TRUE PHOTOGRAPH OF THE DAMAGES CAUSED TO THE RESIDENTIAL HOUSE OF THE PETITIONERS.

EXT.P7 - TRUE COPY OF THE FIRST INFORMATION REPORT DATED 21-11-2014 NO.2141 OF CHATHANNUR POLICE STATION.

EXT.P7(A) - TRUE ENGLISH TRANSLATION OF EXHIBIT P7 FIRST INFORMATION REPORT DATED 21-11-2014 NO.2141 OF CHATHANNUR POLICE STATION.

EXT.P8 - TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE NINTH RESPONDENT WITH COPY TO THE EIGHT RESPONDENT DATED 15-12-2014.

RESPONDENTS' EXHIBITS :

------------------------------ NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, Ag.C.J. & A.M. SHAFFIQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 35203 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of February, 2015

JUDGMENT

Shaffique, J.

Petitioners have approached this Court seeking police protection. Admittedly several suits are pending between the parties and interim order has been passed by Munsiff Magistrate of South Paravur in O.S. No. 118 of 2014 by which there is a direction permitting the petitioners to continue the construction work of plaint A schedule without obstruction.

2. The submission of the petitioner is that despite this direction, private respondents with their henchmen have created law and order situation and are not permitting the petitioner to continue with the construction. Though complaint has been given to the police, no action has been taken in the matter.

3. The 3rd respondent has filed a counter affidavit inter alia stating that there is a dispute between the parties

WP(C) No. 35203 of 2014 -:2:- regarding boundary. It is submitted by learned counsel for the respondents that the dispute is in connection with the right of pathway. Even according to them, the width of pathway is only 21⁄2 feet. But the question is where the pathway lies. Learned Government Pleader also submits that dispute between the parties relates to location of the pathway. Apparently all such issues are to be considered and settled by the civil court. As far as the petitioner is concerned, there is physical obstruction in the construction of building and if party respondents have a case that the building is constructed in violation of the order of Munsiff Court, their remedy is to approach the Civil Court and they cannot take law into their hands and physically prevent the petitioners from carrying on any construction activity.

Under such circumstances we direct the 9th respondent to maintain law and order in the area without interfering in the civil dispute between the parties. In so far as the dispute regarding pathway, it shall be open for the

WP(C) No. 35203 of 2014 -:3:- petitioner as well as private respondents to approach the civil court and obtain appropriate orders.

With the above observation, the Writ Petition is disposed of.

Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

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