IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 14147 of 2008(H) -------------------------- PETITIONER: --------------- SICILY, AGED 45 YEARS, W/O.JOY K.K.,KOLLANNUR THARAYIL HOUSE, MUNDOOR.P.O., THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): --------------- 1. THE REVENUE DIVISIONAL OFFICER, THRISSUR, COLLECTORATE, AYANTHOLE, THRISSUR. 2. KAIPARAMBU GRAMA PACHAYATH, KAIPARAMBU P.O.,THRISSUR, REPRESENTED BY ITS SECRETARY. 3. THE SECRETARY, KAIPARAMBU GRAMA PANCHAYATH, KAIPARAMBU P.O., THRISSUR. 4. THE VILLAGE OFFICER, VILLAGE OFFICE, ANJOOR, THRISSUR DISTRICT. ADV. SRI.P.C.SASIDHARAN FOR R2 & R3 GOVT.PLEADER SHRI SANDESH RAJA FOR R1 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.14147/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF REPORT SUMITTED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT DATED 14.3.08. EXT.P3: TRUE COPY OF NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENTS' EXTS: EXT.R2(A): TRUE COPY OF PLAN SHOWING THE DIRECT ACCESS OF THE PETITIONER TO HIS PROPERTY. TRUE COPY T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.14147 Of 2008 ----------------------------------------------------- DATED THIS THE 31st DAY OF AUGUST, 2010 JUDGMENT In this Writ Petition, the petitioner has sought for a direction commanding respondents 2 and 3 not to construct the compound wall in the play ground/property of the Panchayat situated at the western side of the property of the petitioner in such a way as to obstruct the ingress and egress of the petitioner and other neighbours to their property, including taking tractors and other agricultural impediments to her property. 2. It is submitted by the learned counsel for the petitioner that there was a proceedings pending before the Executive Magistrate under the Code of Criminal Procedure wherein a final order has been passed in favour of the petitioner, which is under challenge before the Sessions Court at the instance of the Panchayat. It is therefore submitted that no further reliefs are sought for in the Writ Petition. The same is recorded. It is further pointed out that in spite of the interim order, the Panchayat has constructed the compound wall and the same has resulted in the petitioner filing Contempt of Court Case W.P.(C)No.14147/08 -2- No.1302/09 before this Court. Therefore, the Writ Petition is dismissed, without prejudice to the right of the petitioner to prosecute the above Contempt of Court Case. T.R.RAMACHANDRAN NAIR, JUDGE. dsn