IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 12723 of 2006(M) --------------------------------------- AGAINST THE ORDER IN IA.NO.222/03 IN OS.NO.1358/1999 OF MUNSIFF COURT,MUVATTUPUZHA. .................... PETITIONER/ PETITIONER-PLAINTIFF: ------------------------------------------------------- SENIOR SUPERINTENDENT OF POST OFFICES, (CUSTODIAN),REP.BY V.Y.MARIAMMA, ASSISTANT SUPERINTENDENT OF POST OFFICES, ALUVA POSTAL DIVISION,ALUVA. BY MR.S.KRISHNAMOORTHY, C.G.C. RESPONDENTS/RESPONDENTS-DEFENDANTS: -------------------------------------------------------------------- 1. KOTHAMANGALAM MUNICIPALITY,REP.BY THE SECRETARY,KOTHAMANGALAM. 2. KOTHAMANGALAM MUNCIPAL COUNCIL, REP.BY ITS CHAIRMAN, KOTHAMANGALAM. BY ADVS. MR.V.M.KURIAN, MR.MATHEW B. KURIAN, MR.K.T.THOMAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12723/2006-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE I.A. 222/03 IN O.S. 358/99 DT. 14/01/2003 FILED BY THE PETITIONER. EXT.P.2: COPY OF THE OBJECTION IN I.A. NO. 222/03 IN O.S. 358/99 DT. NIL OF THE R.1. EXT.P.3: COPY OF THE ORDER IN I.A. 222/03 IN O.S. 358/99 DTD. 17/11/2004 OF THE MUNSIFF COURT, MUVATTUPUZHA. EXTP.4: COPY OF THE NOTICE NO.PW2 (A2)2454/99 DTD. 26/04/2006 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.Q.BARKATH ALI, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 12723 of 2006 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 5th day of October, 2009 JUDGMENT Petitioner is the Senior Superintendent of Post Offices (Custodian), represented by the Assistant Superintendent of Post Offices, Aluva. Respondents are the Municipality and the Municipal Council, represented by the Secretary and Chairman respectively. The petitioner filed O.S.No.358 of 1999 before the Munsiff's Court, Muvattupuzha seeking a permanent prohibitory injunction restraining the respondents from obstructing the pathway leading to the staff quarters in Sy.No.1018/4-1 of the Kothamangalam Village. The suit was dismissed for default by the court below on January 13, 2003. Thereafter, the petitioner filed I.A. No.222 of 2003 to restore the suit, which was also dismissed by the court below by Ext.P3 order dated November 17, 2004. Thereafter, the 2nd respondent issued notice Ext.P4 dated April 26, 2006 stating that the pathway has to be blocked by constructing compound wall. Therefore, the revision petitioner has approached this Court to set aside the order Ext.P3 and to quash the notice Ext.P4. 2. When the writ petition came up for hearing, as seen from the W.P.(C) No. 12723/06 2 records, the matter was referred to the Lok Adalath. In the Lok Adalath, the matter could not be settled. A Commission was also issued from the Adalath to inspect the property. The Commissioner has filed his report and plan and the recommendation of the Commissioner was not accepted by both sides. 3. On going through the records and after hearing both sides, I feel that in the interest of justice the suit has to be restored to file and petitioner/plaintiff should be given an opportunity to proceed with the suit. 4. In the result, the writ petition is disposed of as follows:- The impugned order Ext.P3 dated November 17, 2004 in I.A.No.222 of 2003 in O.S.No.358 of 1999 of the lower court is set aside. Ext.P4 notice dated April 26, 2006 is quashed. I.A.No.222 of 2003 is restored to file and the same is hereby allowed. The judgment of the lower court dated January 13, 2003 dismissing the suit for default is set aside and the suit is restored to file. The suit is of the year 1999. Therefore, the learned Munsiff is directed to dispose of the suit as early as possible but not later than six months from the date of receipt of a copy of this judgment, after affording an opportunity to both parties to adduce evidence. P.Q.BARKATH ALI, JUDGE. mn.