IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 25230 of 2008(C) --------------------------------------- OS.NO.266/2008 OF MUNSIFF COURT, VAIKOM. .................... PETITIONER: ------------------- JOSEPH.T.T., THARAYIL HOUSE AYAMKUDI PO., KOTTAYAM-686 613. BY ADV. MR.MATHEW PHILIP. RESPONDENTS: ------------------------ 1. REVENUE DIVISIONAL OFFICER, PALAI. 2. OUSEPH, S/O.PATHROSE, KARIKULATHIL HOUSE, AYAMKUDI PO., KOTTAYAM-686 613. 3. SKARIAH, S/O.PATHROSE, THARAYIL HOUSE, AYAMKUDI.P.O., KOTTAYAM – 686 613. R1 BY GOVT. PLEADER SMT. SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25230/2008-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: ROUGH SKETCH SHOWING PETITIONER'S PROPERTY AS WELL AS THAT OF 2ND AND 3RD RESPONDENTS. EXT.P.2: COPY OF THE SALE DEED NO. 1977/1996 OF SRO. KADUTHURUTHY IN FAVOUR OF PETITIONER. EXT.P.3: COPY OF THE SALE DEED NO. 583/2006 OF SRO KADUTHURUTHY IN FAVOUR OF PETITIONER. EXT.P.4: COPY OF THE PLAINT IN O.S. 266/2008 BEFORE MUNSIFF COURT, VAIKOM FILED BY PETITIONER. EXT.P.5: COPY OF THE TEMPORARY INJUNCTION ORDER IN I.A. NO. 1393/2008 IN O.S. NO. 266/2008 BEFORE MUNSIFF COURT, VAIKOM. EXT.P.6.A: COPY OF THE NOTICE OF R.1. EXT.P.6.B: COPY OF THE COMPLAINT FILED BY R.2. BEFORE R.1. EXT.P.7: COPY OF THE LAWYER'S NOTICE DTD. 14/08/2008 SENT TO THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 25230 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th June, 2009. J U D G M E N T The petitioner claims to be the owner of 63 cents of land in Muttuchira Village, Vaikom. The 2nd respondent is holding about 77 cents of land nearby. The petitioner's grievance in this writ petition is that the 1st respondent is interfering with a property dispute between the petitioner and the 2nd respondent in respect of a right of way for the 2nd respondent through the middle of the petitioner's property. The petitioner apprehended cutting opon of a way through the petitioner's property forcefully. The petitioner therefore filed O.S.No. 266/2008 before the Munsiff's Court, Vaikom. The court also granted temporary injunction against respondents 1 and 2 on 6-8-2008. In spite of the same, the petitioner alleges that the 1st respondent summoned the petitioner to his office on 13-8-2008 and directed him to allow passage to the 2nd respondent through the middle of the petitioner's property. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) Issue a direction to the 1st respondent not to interfere in the subject matter of Ext. P4 suit so long as the matter is under the consideration of a competent civil court. (ii) Direct the 1st respondent not to harass or coerce the petitioner.” 2. Although, notices have been served on respondents 2 and 3, they have not chosen to appear and contest the matter. The 1st respondent has also not filed any counter affidavit . 3. I have heard the learned counsel for the petitioner as well as the learned Government Pleader. 4. Insofar as in respect of the subject matter, a suit is pending before the civil court, in which the petitioner has already obtained a W.P.C. No. 25230/08 -: 2 :- temporary injunction, I am of opinion that the 1st respondent has no business to interfere with the matter. Therefore, this writ petition is disposed of directing the 1st respondent not to interfere with the property dispute between the petitioner and respondents 2 and 3 and the parties must be left to get their dispute resolved in the civil court. S. Siri Jagan, Judge. Tds/