IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 13480 of 2008(D) -------------------------- PETITIONER: ------------ 1. JERTRUD @ GERTRUDE, W/O.ROCKY, AGED 86, CHALLITHARA, AROOR VILLAGE, CHANDIROOR MURI, CHANDIROOR PO, CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. XAVIER, S/O.ROCKY, AGED 53, CHALLITHARA, AROOR VILLAGE, CHANDIROOR MURI, CHANDIROOR PO, CHERTHALA TALUK, ALAPPUZHA DIST. BY ADV. DR.V.N.SANKARJEE SRI.V.N.MADHUSUDANAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE CIRCLE INSPECTOR OF POLICE, KUTHIYATHODE. 4. THE SUB INSPECTOR OF POLICE, AROOR. 5. SEENATH, S/O.SHIHABUDEEN, AGED ABOUT 45, PATTARUVELI, AROOR VILLAGE, CHANDIROOR MURI, CHANDIROOR POST, PIN: 688 547, THE MEMBER, WARD NO.13, GRAMA PANCHAYAT, AROOR. WP(C).No. 13480 of 2008(D) 2 6. VISWANATHAN @ VISWAN, S/O. NARAYANAN, AGED 55, THAREPARAMBIL, AROOR VILLAGE, CHANDIROOR MURI, CHERTHALA TALUK, ALAPPUZHA DIST. PIN: 688 547. 7. XAVIER @ SHOURIYAR, S/O. VAVACHAN, AGED 48, ERUMULLIL -D0 - -DO- 8. XAVIER, S/O.PAPPU, AGED 48, ERUMULLIL -DO - -DO- 9. LALI, W/O.XAIVER @ SHOURIYAR, AGED 48 , ERUMULLIL -DO- -DO- 10. SASI , S/O.KESAVAN, AGED ABOUT 55, "SHINIYAS", 11. GEORGE, S/O.UMMACHAN, AGED 35 YEARS, ULLADAPARAMBIL, AROOR VILLAGE, CHANDIROOR MURI, CHERTHALA TALUK, ALAPPUZHA DISTRICT, PIN: 688 547. 12. THE SECRETARY, GRAMA PANCHAYAT, AROOR. BY GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R4 ADV. SRI.PHILIP T.VARGHESE & SRI.THOMAS T.VARGHESE FOR R12 SRI.S.SHANAVAS KHAN FOR R5 TO11 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C).No. 13480 of 2008(D) PETITIONER'S EXTS: EXT.P1: TRUE COPY OF PARTITION DEED DATED 1401/1/2000 DATED 8.5.2000 OF SRO, KUTHIYATHODE. EXT.P2: TRUE COPY OF TAX RECEIPT DATED 16.4.2008 IN THE NAME OF 2ND PETITOINER. EXT.P3: TRUE COPY OF TAX RECEIPT DATED 16.4.2008 IN THE NAME OF THE 1ST PETITIONER AND DAUGHTERS. EXT.P4: TRUE COPY OF CERTIFICATE DATED 16.4.08 ISSUED FROM CHANDIROOR MISSION HOSPITAL, CHANDIROOR P.O. EXT.P5: TRUE COOY OF COMPLAINT DATED 12.4.08 BY THE 7TH RESPONDENT EBFORE THE 4TH RESPONDENT. E EXT.P6: TRUE COPY OF THE FIR DATED 14.4.2008 IN CRIME NO.180/08 OF THE 4TH RESPONDENT. EXT.P7: TRUE COPY OF MAHAZAR DATED 14.4.08 PREPARED BY THE 4TH RESPONDENT IN CRIME NO.180/08. EXT.P8: (SERIES) TRUE COPY OF THE PHOTOGRAPHS (3 IN NUMBER) TAKEN AT THE RELEVANT TIME SHOWING THE ILLEGAL ACTIVITIES. EXT.P9: TRUE COPY OF THE INVITATION CARD PREPARED IN CONENCTION WITH THE MARRIAGE OF THE 2ND RESPONDENT'S DAUGHTER SUSMI. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.13480 OF 2008 ----------------------------------------------------- DATED THIS THE 30th DAY OF MAY, 2008 J U D G M E N T Balakrishnan Nair, J. There is some dispute between the petitioners and respondents 5 to 11 concerning some properties. The petitioners submit, the party respondents are encroaching into their property and converting a portion of it into a pathway. In the above background, this writ petition was filed seeking appropriate reliefs. 2. In the meantime, the marriage of the 2nd petitioner's daughter was scheduled to be held on 27.4.2008. The petitioners apprehended that the party respondents may cause obstruction to the solemnisation of the marriage. This Court by an interim order granted protection for solemnising the marriage and the marriage is over now. For other reliefs raised in this writ petition, petitioners have to approach the competent civil court. W.P.(C)No.13480/08 -2- Accordingly, this writ petition is closed, without prejudice to the contentions of both sides and the right of the petitioners to approach the civil court to redress their grievances. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn