IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 37208 of 2009(U) -------------------------------------- PETITIONER: ------------------- P.A.ABRAHAM, PULIMOOTTIL HOUSE, CHAMPAKARA.P.O, KARUKACHAL, KOTTAYAM DISTRICT. BY ADVS. MR.E.K.NANDAKUMAR, MR.A.K.JAYASANKAR NAMBIAR, MR.K.JOHN MATHAI, MR.P.BENNY THOMAS, MR.P.GOPINATH MENON, MR.V.J.ANAND. RESPONDENTS: ------------------------ 1. THE DISTRICT COLLECTOR, KOTTAYAM DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER, KOTTAYAM DISTRICT. 3. THE TAHSILDAR, CHANGANACHERRY, KOTTAYAM DISTRICT. 4. VILLAGE OFFICER, KARUKACHAL, KOTTAYAM DISTRICT. 5. THE CIRCLE INSPECTOR OF POLICE, VAKATHANAM, KOTTAYAM DISTRICT. 6. THE SUB INSPECTOR OF POLICE, KARUKACHAL, KOTTAYAM DISTRICT. 7. P.K.GOPALAN, "PATTUVEDIL", CHAMPAKARA.P.O, KARUKACHAL, KOTTAYAM DISTRICT. W.P.(C). NO.37208/2009-U: 8. ZACHARIAH CHACKO, AMBALATHATTEL HOUSE, CHAMPAKARA.P.O, KARUKACHAL, KOTTAYAM DISTRICT. R1 TO R6 BY GOVT. PLEADER MR. P. NARAYANAN, R7 BY ADV. MR.B.PREMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37208/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of March, 2010 J U D G M E N T This writ petition is filed seeking for a direction commanding respondents 1 to 6 to permit the petitioner to complete the work of construction of a godown on his land strictly in accordance with the permissions granted to him by Exts.P2 to P5 without any hindrance whatsoever. 2. The petitioner is relying upon Exts.P2 to P5 to show that the petitioner has obtained all permissions for removing the soil etc. for making the construction. When the petitioner started the work of clearing the site, obstructions were raised by petitioners 7 and 8 and, official respondents 4 to 6 gave oral direction to the petitioner to stop the construction. It is in these circumstances, this writ petition was filed. 3. Heard the learned counsel for the petitioner and the learned counsel appearing for the seventh respondent. 4. This Court by interim order dated 22/12/2009 directed that the petitioner's construction activity will not be interdicted unless by a written order stating reasons for the interdiction. 5. It is now brought to the notice of this Court by the seventh respondent through his counter affidavit that W.P.(C). No.37208/2009 -:2:- an injunction order as per Ext.R7-A of the Munsiff Court, Changanassery is in force now. In that view of the matter, it is upto the petitioner to appear before the Munsiff Court and defend the Civil Suit and seek appropriate orders. It is evident from the pleadings also that so far the official respondents have not passed any orders in the matter. It is pointed out that the matter is pending before the Civil Court as O.S.No.16/2010 of the Munsiff Court, Changanasseri. Independently the official respondents may not be justified in issuing any order as on today as the Civil Suit is pending. Therefore, the interim order passed by this Court is vacated with liberty to the petitioner to move before the learned Munsiff with appropriate application in the matter. The learned Munsiff will expedite the hearing of the matter. The writ petition is disposed of accordingly. No costs. (T.R. Ramachandran Nair, Judge.) ms