IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 16TH MARCH 2011 / 25TH PHALGUNA 1932 OP(C).No. 179 of 2010(O) ------------------------------------ CMA.NO.27/2009 of SUB COURT, KOTTARAKKARA OS.NO.373/2008 of MUNSIFF COURT, PUNALUR .................... PETITIONER -------------------- SREEKALA, WIFE OF RAJESWARAN PILLAI, GEETHA SADANAM, AYOOR (PO), AYOOR, EDAMULAKKAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN-691 533. BY ADV. SRI.T.K.MARTHANDAN UNNITHAN RESPONDENT(S): ------------------------- 1. RAJARAJESWARI, D/O.RAJAMMA, MANI BHAVAN, AYOOR (PO), (NOW RESIDING AT CHAITHRAM, AYOOR (PO), AYOOR, KOLLAM DISTRICT, PIN-691 533. 2. SASI, S/O.ACHUTHAN, CHACHUVEETTIL, EDAYAKODU, CHADAYAMANGALAM (NOW RESIDING AT CHAITHRAM, AYOOR (PO), AYOOR, KOLLAM DISTRICT, PIN-691 533. R1 BY ADV. SRI.ALEXANDER GEORGE THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts O.P.(CIVIL)NO.179/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AFFIDAVIT AND PETITION IA.NO.2026/2008 IN OS NO.378/08 OF THE MUNSIFF'S COURT, PUNALUR DATED 31/10/2008. P2 COPY OF THE INTERIM ORDER DATED 31/10/2008 PASSED BY THE MUNSIFF'S COURT ON I.A.NO.2026/2008IN O.S.NO.378/2008. P3 COPY OF THE COMMISSION REPORT TOGETHER WITH MAHAZAR DATED 6/7/2009 SUBMITTED BY ADVOCATE COMMISSIONER ON I.A.NO.1065/2009 IN OS.NO.378/2008 OF THE MUNSIFF'S COURT, PUNALUR. P3(A) COPY OF THE SKETCH SUBMITTEDBY THE ADVOCATE COMMISSIONER ALONG WITH EXT.P3. P4 COPY OF THE PHOTOGRAPH OF THE LOCKED GATE TAKEN ON 25/9/2010. P5 COPY OF THE ORDER DATED 14/9/2009 PASSED BY THE MUNSIFF'S COURT, PUNALUR ON I.A.NO.1066/2009 IN OS.NO.378/2008. P6 COPY OF THE ORDER DATED 23/12/2009 PASSED BY THE SUB COURT ON I.A.NO.1698/2009 IN CMA.NO.27/2009. P7 COPY OF THE JUDGMENT DATED 01/02/2010 PASSED BY THIS HON'BLE COURT IN WP(C)NO.3247/10. P8 COPY OF THE JUDGMENT DATED 5/8/2010 PASSED BY THE SUB COURT KOTTARAKKARA IN CMA.NO.27/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.(Civil). No. 179 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of March, 2011. JUDGMENT In this writ petition filed under Article 227 of the Constitution of India the reliefs sought for are as follows: “a) issue appropriate orders or directions in exercise of jurisdiction under Article 227 of the Constitution of India enabling the petitioner and her people to use the B schedule pathway for ingress to reach the A schedule property and for egress. b) appropriate orders effectively restraining the respondents from interfering with the plaintiff's/petitioner's right to use the B schedule pathway in O.S.378/2008 of the Munsiff's Court, Punalur, to set aside Ext.P8 judgment to the extent to which it is against the petitioner.” 2. It seems that there is a dispute between the parties regarding a pathway and several other matters are made mention of in the petition, which are not necessary for the disposal of this petition. O.P.(C).179/2010. 2 3. Suffice it to say, the petitioner was allowed to use B schedule pathway and the respondents were directed to keep the gate open for the usage of the petitioner. The complaint of the petitioner is that inspite of the orders of the appellate court as well as this court, the respondents are violating the orders and keeping the gate closed. It is therefore prayed that appropriate directions may be issued from this court directing the respondents to keep the gate open. 4. Normally, if an order is passed, that has to be executed in accordance with law. Learned counsel appearing for the respondents submits that the gate is kept open. Learned counsel also submits that the contention of the petitioner that the respondents are violating the order is untrue. It is also pointed out by the learned counsel for the respondents that no obstruction is caused by the respondents for the use of the pathway by the petitioner in terms of the orders passed by the court below. O.P.(C).179/2010. 3 This submission is recorded and the petitioner is given liberty to move the Munsiff's Court, if there is any violation of the order. With this observation, this original petition is disposed of. P. BHAVADASAN, JUDGE sb.