IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 WP(C).No. 13808 of 2008(R) -------------------------- PETITIONER: ------------ P.D.THOMAS,S/O.DEVASSY, PANDIYAMMAKKIL HOUSE,KAKKANAD KARA, THRIKKAKARA P.O,PIN-682 030.ERNAKULAM DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENTS: ------------- 1. SADHIK,S/O.NAINA,VELLANDI HOUSE, NEAR TSK,H.M.T COLONY P.O,PIN-683 503. 2. KADERKUNJU,S/O.NAINA,VELLANDI HOUSE, NEAR TSK,H.M.T COLONY P.O,PIN-683 503. 3. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION,P.O ALUVA,PIN- 683 101. 4. THE DEPUTY SUPERINTENDENT OF POLICE, ALUVA,P.O ALUVA,PIN-683 101. BY SRI.SHAJI P. CHALY SR.GOVERNMENT PLEADER SRI. P.N. SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13808 of 2008 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF THE FIR REGISTERED AS CRIME NO.224/2008 DATED 5.2.2008 BY THE ALUVA POLICE STATION EXT.P2- TRUE COPY OF THE PHOTOGRAPH SHOWING FENCING AND ACT OF REMOVAL AT THE INSTANCE OF POLICE EXT.P3- TRUE COPY OF I.A.599/2008 IN O.S.108/08 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, ALUVA, DATED 20.2.2008 EXT.P4- TRUE COPY OF THE INTERIM ORDER IN I.A.559/08 IN O.S.108/2008 PASSED BY THE MUNSIFF COURT, ALUVA, DATED 14.3.2008 EXT.P5- TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 3RD AND 4TH RESPONDENTS DATED 11.4.08 (TRUE COPY) P.A TO JUDGE PIUS C. KURIAKOSE & V.GIRI, JJ ------------------- W.P.(C).13808/2008 -------------------- Dated this the 2nd day of May, 2008 JUDGMENT PIUS C. KURIAKOSE, J Mr.S.P.Chaly appearing on behalf of respondents 1 and 2 submits that respondents 1 and 2 have not violated the undertaking given by them in the Civil Court. He also submits that they will permit the petitioner to make use of the way in question as means of access to the petitioner's house. We record the submission and dispose of the writ petition leaving open the remedies available to them before the Civil Court. PIUS C. KURIAKOSE Judge V.GIRI, Judge mrcs