IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 OP.No. 2707 of 1999(V) --------------------------------- PETITIONER: -------------------- RETHNAKUMARI, MANGALATHU VEEDU, CHOODAYIL, KILIMANNOOR. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, KILIMANOOR. 4. RATHNAKARAN PILLAI, 'THIRUVATHIRA', CHOODAYIL, KILIMANOOR. BY GOVERNMENT PLEADER SRI. M.P.SREEKRISHNAN BY ADV. SRI.ANCHAL C.VIJAYAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.4567/1999 IN O.P.NO.2707/1999 V DISMISSED 17/01/2008 SD/-K.M.JOSEPH, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED IN SY.NO.801/2 OF KILIMANOOR VILLAGE DTD. 12/06/86. EXT.P2: COPY OF THE COMPLAINT FILED BY THE PETITIONER'S HUSBAND DTD. 8/09/98. EXT.P3: COPY OF THE NOTICE FROM THE 2ND RESPONDENT DTD. 16/09/98. EXT.P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 30/10/98. EXT.P5: COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DTD. 16/12/98. 4TH RESPONDENT'S EXHIBITS: EXT.R4(A): COPY OF THE LETTER WRITTEN BY THE HUSBAND OF THE PETITIONER TO THE 4TH RESPONDENT. EXT.R4(B): COPY OF THE PETITION SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT DTD. 1/07/98. EXT.R4(C): COPY OF THE PETITION SUBMITTED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT DTD.1/07/98. EXT.R4(D): COPY OF THE PLAN SUBMITTED BY THE VILLAGE OFFICER, KILIMANOOR BEFORE THE 2ND RESPONDENT. EXT.R4(E): COPY OF THE DETAILED SKETCH AND PLAN OF THE PATHWAY AND ITS SURROUNDINGS. /TRUE COPY/ P.S.TO JUDGE Kss K. M. JOSEPH, J. -------------------------------------- O.P NO. 2707 OF 1999 V -------------------------------------- Dated this the 17th January, 2008 JUDGMENT The Original Petition is filed seeking the following reliefs: "(a) Call for the records leading to the passing of Ext.P5 order and quash the same by issuing a writ of certiorari or other appropriate, direction or order. (b) Issue a writ of mandamus or other appropriate writ, direction or order directing respondents 1 to 3 not to give effect to Ext.P5 till the disposal of the Original Petition." 2. Ext.P5 is an order purported to be passed under Section 133 of the Code of Civil Procedure. Case of the petitioner is that the way is a private way. It is further contended that the petitioner did not get ample opportunity, as she was pregnant at that time and she filed Ext.P4 petition seeking adjournment. 3. This Court granted an interim order in favour of the petitioner. I am of the view that Ext.P5 cannot be sustained and the matter has to be reconsidered. Accordingly, Ext.P5 is OP NO.2707/99 V 2 quashed. The second respondent will consider the matter afresh and I leave open the contentions of both the parties. The Original Petition is disposed of as above. K. M. JOSEPH, JUDGE kbk. K. M. JOSEPH, J. O.P NO. 2707 OF 1999 V JUDGMENT 17th January, 2008.