IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 20673 of 2008(J) -------------------------- AGAINST THE ORDER DATED 03/03/2007 IN IA.197/2007 IN OS.803/2006 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER: ------------ 1. GEORGE LALU, AGED 48 YEARS, KURUPPASSERIL, KANJIRAMCHIRA MURI, ARYAD SOUTH VILLAGE, ALAPUZHA. 2. ANNAMMA GEORGE, W/O.GEORGE, KURUPPASSERIL, KANJIRAMCHIRA MURI, ARYAD SOUTH VILLAGE. 3. ANNAMMA GEORGE, CHIRACKAL HOUSE, KURUPPASSERIL, KANJIRAMCHIRA MURI, ARYAD SOUTH VILLAGE. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENTS: ------------- 1. S.N.D.P.SAKHAYOGAM-NO.760, KANJIRAMCHIRA, REPRESENTED BY ITS SECRETARY E.M.RAJU, BANGLOW PARAMBU, KANJIRAMCHIRA, ARATTUVAZHY P.O., ALAPPUZHA. 2. S.N.D.P.SAKHAYOGAM-NO.760, KANJIRAMCHIRA, REPRESENTED BY ITS PRESIDENT P.K.VIDHYANANDAN, THALIKATHARA VEEDU, KANJIRAMCHIRA, ARATTUVAZHY P.O., ALAPPUZHA. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- W.P.(C) No.20673 of 2008 ------------------------------- Dated this the 9th July, 2008. J U D G M E N T Petitioners are the plaintiffs in O.S.No.803 of 2006, on the file of Munsiff Court, Alappuzha. The suit is for permanent prohibitory injunction restraining respondents from encroaching into plaint schedule Item No.3 pathway or putting up any structure reducing the pathway. Petitioners filed I.A.No.197/2007, an application for a mandatory direction to the respondent to remove the constructions protruding into plaint schedule Item No.3 pathway. Under Ext.P3 order, learned Munsiff dismissed the application. It is challenged in this petition filed under Article 227 of the Constitution of India. 2. The learned counsel appearing for the petitioner was heard. On hearing the learned counsel, I do not find any illegality or irregularity in the impugned order warranting interference in exercise of the powers of this Court under Article 227 of the W.P.(C) No.20673 of 2008 2 Constitution of India. Whether petitioners are entitled to a right of way over plaint schedule Item NO.3 and whether they are entitled to the mandatory injunction sought for are to be decided in the suit, on the evidence to be recorded. In such circumstances, petition is dismissed. Learned Munsiff is directed to dispose the suit expeditiously untrammelled by the observations in Ext.P3 order. M.SASIDHARAN NAMBIAR, JUDGE nj.