IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 36091 of 2010(J) ------------------------------- PETITIONER(S): ------------------ VIJAYAKUMAR,S/O.VICTOR,VIPIN COTTAGE, RUSSELPURAM,MARANALLOOR VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): ------------------- 1. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL) 695 001. 2. THE CIRCLE INSPECTOR OF POLICE, KATTAKADA CIRCLE 695 543. 3. THE SUB INSPECTOR OF POLICE, MARANALLOOR POLICE STATION 695 512. 4. ANILKUMAR,S/O.MADHAVAN NAIR, KALOORKUZHI VAKASSERY VEEDU,MALAYINKEEZHU PO, MALAYINKEEZHU VILLAGE,NEYYATTINKARA TALUK. 695 018. 5. BINU @ DANAM,S/O.KOCHUCHERUKKAN @ PALAYYAN,HOUSE NO.478,KALOORKUZHI MELE PUTHENVEEDU GOVINDAMANGALAM,OORUTTAMBALAM PO,MALAYINKEEZHU VILLAGE,NEYYATTINKARA TALUK 695 018. 6. RABI,KALOORKUZHI MELE PUTHENVEEDU, GOVINDAMANGALAM,OORUTTAMBALAM PO,MALAYINKEEZHU VILLAGE,NEYYATTINKARA TALUK 695 018. WP(C).No. 36091 of 2010(J) -2- 7. MANOHARAN ASSARI, KALOORKUZHI MELE PUTHENVEEDU,GOVINDAMANGALAM,OORUTTAMBALAM PO, MALAYINKEEZHU VILLAGE,NEYYATTINKARA TALUK 695 018. 8. SUDHEESH,S/O.MANOHARAN ASSARI, KALOORKUZHI MELE PUTHENVEEDU, GOVINDAMANGALAM,OORUTTAMBALAM PO,MALAYINKEEZHU VILLAGE,NEYYATTINKARA TALUK 695 018. 9. LALITHA BHAI,W/O.LATE SUDHAKARAN, JESUS HOLLY CHURCH,KALOORKUZHI MELE PUTHENVEEDU, GOVINDAMANGALAM,OORUTTAMBALAM PO,MALAYINKEEZHU VILLAGE,NEYYATTINKARA TALUK 695 018. 10. SAJI,S/O.SATHYASEELAN, KALOORKUZHI MELE PUTHENVEEDU, GOVINDAMANGALAM,OORUTTAMBALAM PO,MALAYINKEEZHU VILLAGE,NEYYATTINKARA TALUK 695 018. 11. ADDL.R11- VISWANATHAN,S/O.PAPPUKUTTY, AGED 63 YEARS,RESIDING AT SANDHYA BHAVAN, PANANGOTTUVILAVURKAL,MALAYINKEEZH VILLAGE, THIRUVANANTHAPURAM DISTRICT. (ADDL.R11 IS IMPLEADED AS PER ORDER DATED 12.10.2011 IN IA.16135/2011). 12. ADDL.R12- VILLAGE OFFICER, MALAYINKEEZHU VILLAGE, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DIST. 695001. 13. ADDL.R13- TALUK SURVEYOR, NEYYATTINKARA TALUK THIRUVANANTHAPURAM DISTRICT - 695001. (ADDL.R12 & R13 ARE IMPLEADED AS PER ORDER DATED 12.10.20111 IN IA.16134/2011). BY SR. GOVERNMENT PLEADER SRI.M.K.ABOOBACKER R1 TO R3 SRI.P.C.CHACKO - R4 TO R10 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36091 of 2010(J) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE DECREE DATED 28/11/05 IN O.S. NO.611/05 PASSED BY THE 1ST ADDL. MUNSIFF COURT, NEYYATTNKARA. EXT.P2:- TRUE COPY OF THE DECREE DATED 06/01/09 IN O.S. NO.182/06 PASSED BY THE ADDL. MUNSIFF COURT-I, NEYYATTINKARA. EXT.P2(a):- TRUE COPY OF THE PLAN. EXT.P3:- TRUE COPY OF THE EP NO.187/09 IN OS. NO.182/06 DATED 19/06/09 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT-II, NEYYATTINKARA. EXT.P4:- TRUE COPY OF THE ORDER DATED 03/11/09 IN E.A. NO.956/09 IN E.P. NO.187/09 IN OS. NO.182/08 OF THE COURT OF THE ADDL. MUNSIFF COURT-I, NEYYATTINKARA. EXT.P5:- TRUE CPY OF THE REPORT SUBMITTED BY AMIN IN E.P. NO.187/09 IN O.S. NO.182/06 EXT.P6:- TRUE COPY OF THE FIR IN CRIMEN O.281/09 DT.05/11/09 PREPARED BY THE MARANALLOOR POLICE STATION. EXT.P6(a):- TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE MARANALLOOR POLICE STATION IN CRIME NO.281/09 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KATTAKADA DATED 21/12/09. EXT.P7:- TRUE COPY OF THE REPORT OF AMN IN E.P NO.187/09 IN OS NP.182/06 DATED 19/11/09 OF THE ADDL. MUNSIFF COURT, NEYYATTINKARA. EXT.P8:- TRUE COPY OF THE FIR IN CRIMEN O.290/09 DATED 14/11/09 PREPARED BY MARANALLOOR POLICE STATION. EXT.P9:- TRUE COPY OF THE ORDER DATED 02/06/10 IN COMPLAINT NO.1581/09 PASSED BY OMBUDSMAN, THIRUVANANTHAPURAM. EXT.P10:- TRUE COPY OF THE BUILDING PERMIT NO.172/10-11 DATED 19/10/10 ISSUED BY THE MALAYINKEEZHU GRAMA PANCHAYAT. EXT.P11:- TRUE COPY OF THEPETITION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 TO 3 DATED 25/10/10 EXT.P12:- TRUE COPY OF THE RE-SURVEY PLAN OF FILED NO.241 SHOW THE PLOTS OF PETITIONER AS WELL AS 8TH RESPONDENT. RESPONDENTS EXTS EXT.R9(a):- TRUE COPY OF THE SUIT FILED BY THE 7TH RESPONDENT AGAINST THE PETITIONER AS OS NO.934/09 DT.06/11/09 BEFORE THE MUNSIFF COURT,N EYYATTINKARA. WP(C).No. 36091 of 2010(J) EXT.R9(b):- TRUE COPY OF THE WRITTEN STTEMENT FILED BY THE PETITIONER HEREIN IN OS. NO.934/09 BEFORE THE MUNSIFF COURT, NEYYATTINKARA DT.20/11/09. EXT.R9(c):- TRUE COPY OF IA NO.5951/09 IN OS. NO.934/09 FILED BY THE 7TH RESPONDENT BEFORE THE MUNSIFF COURT, NEYYATTINKARA . EXT.R9(d):- TRUE COPY OF ORDER IN IA NO.5951/09 IN OS NO.934/09 OF THE MUNSIFF COURT, NEYYATTINKARA DATED 07/11/09. EXT.R9(e):- TRUE COPY OF THE APPEAL FILED AS AS NO.62/09 AGAINST EXT.P2 DECREE BY THE 9TH RESPONDENT AND HER CHILDREN. EXT.R9(f):- TRUE COPY OF THE REPRESENTATION DATED 04/11/09 FILED BY THE PUBLIC BEFORE THE MALAYINKEEZH PANCHAYAT AGAINST THE PETITIONER. EXT.R9(g):- TRUE COPY OF THE NOTICE DT. 10/11/09 ISSUED by the SECRETARY, MALAYINKEEZH PANCHAYAT. EXT.R9(h):- TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED IN RESPECT OF THE CHURCH JESUS HOLLY TEAM DT. 19/02/03 EXT.R9(i):- TRUE COPY OF THE SURVEY PLAN SHOWING THE LIE OF THE VILLAGE ROAD GOING THROUGH THE WESTERN SIDE OF THE PETITIONER'S PROPERTY IN SY NO.241 EXT.R11(A):- TRUE COPY OF THE PLAINT IN OS NO.318/11 FILED BEFORE THE MUNSIFF COURT, NEYYATTINKARA DT.30/03/11. EXT.R11(b):- TRUE COPY OF THE WRITTEN STTEMENT DT.23/06/11 FILED BY THE PETITIONER IN OS NO.318/11 BEFORE THE MUNSIFF COURT, NEYYATTINKARA. EXT.R11(c):- TRUE COPY OF THE REPORT DT. 11/04/11 OF THE ADVOCATE COMMISSIONER FILED IN OS NO.318/11. EXT.R11(d):- TRUE COPY OF INTERIM ORDER OF INJUNCTION IN IA NO.1738/11 DATED 01/04/11. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.36091 of 2010 ------------------------------------------------ Dated this the 15th day of December, 2011 JUDGMENT Pius C. Kuriakose The prayer in this Writ Petition is that the respondents be directed to afford protection to the petitioner for replacing the wire fencing which was put up through the process of civil court on the line B C D K J A 6 A 7 T in Ext.C1 (a) plan with permanent compound wall with granite foundations as per Ext.P10 Building Permit. 2. Sri.M.K.Aboobacker, the learned Senior Government Pleader submitted that on many occasions when through the process of civil court itself the wire fencing was replaced, the party respondents would remove the newly placed wire fencing. Two crimes have already been registered by the police in connection with such occurrences. According to Sri.Aboobacker, the police cannot be blamed of any lethargy. W. P. C. No.36091 of 2010 -2- 3. On behalf of the counsel for the petitioner Smt.M.Jayasree for the petitioner submitted that the authorities of the Church to which the petitioner and the party respondents belong are trying for a settlement of the issue. Hence, she requested that the Writ Petition be adjourned awaiting such settlement. 4. Sri.P.C.Chacko, the learned counsel for the party respondents submitted that this case was once referred to the Lok Adalath conducted by the High Court Legal Services Committee. But the endeavour to bring forth a settlement was unsuccessful. According to Sri.Chacko as a Regular Second Appeal, RSA No.915/11 is pending before this Court, it cannot be said that the civil issue has attained finality. He also submitted that a fresh suit has been filed and that an injunction order has been passed in his favour. 5. Considering all the rival submissions addressed at the Bar, we are of the view that at the moment, the petitioner cannot aspire for the directions sought for. We, however, are not taking a final decision in the Writ Petition. W. P. C. No.36091 of 2010 -3- We close this Writ Petition. It is open to the parties to try for a settlement in whichever manner they choose in the meanwhile. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE