IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 26338 of 2011(N) --------------------------------------- PETITIONER: ------------------ BHARATHI, AGED 55 YEARS, W/O.RAMAN, THAIKOOTTATHIL HOUSE, KUZHUR DESOM, KORATTY,THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS: ---------------------- 1. ASSISTANT ENGINEER, IRRIGATION DEPARTMENT CHIRANGARA, KORATTY, THRISSUR DISTIRCT, PIN-680380. 2. ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, CHALAKUDY,THRISSUR DISTRICT, PIN-680307. 3. VILLAGE OFFICER, MURINGOOR THEKKUMMURI VILLAGE, CHALAKUDY, THRISSUR DISTRICT, PIN-680307. 4. KRISHNANKUTTY, THANDENGTTIL HOUSE, KONOOR, NALEKETTU.P.O, THRISSUR,PIN-680308. R1 TO R3 BY GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMG W.P (C) No.26338/2011. APPENDIX PETITIONER'S EXHIBITS EXT.P1 – TRUE COPY OF THE INJUNCTION ORDER PASSED BY THE MUNSIFF COURT CHALAKUDY IN I.A. No.948/2010 IN O.S. No.288/2010 DATED 29-06-2010. EXT.P2 – TRUE COPY OF THE PLAINT IN O.S. No.288/2010 OF MUNSIFF COURT CHALAKUDY. EXT.P3 – TRUE COPY OF THE LICENCE ISSUED BY THE PANCHAYAT DATED 17-05-2010 EXT.P4 – TRUE COPY OF THE CERTIFICATE ISSUED BY THE PANCHAYAT DATED 17-05-2010. EXT.P5 – TRUE COPY OF THE CERTIFICATE ISSUED BY THE DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA DATED 20-09-2008. EXT.P6 – TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE GOVERNMENT DATED 08-04-2011. RESPONDENTS EXHIBITS NIL TRUE COPY P.A. TO JUDGE AMG ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 26338 OF 2011 ----------------------------------------------------- Dated this the 18th day of October, 2011 J U D G M E N T The prayers sought in this writ petition are to direct the respondents not to interfere in the possession or demolition of the residential and other buildings of the petitioner covered by Exts.P1 and P2. According to the petitioner, without disclosing the pendency of O.S.288/10 filed by the petitioner before the Munsiff Court, Chalakkudy against respondents 1 to 3, 4th respondent filed W.P.C. 23286 of 2011 before this court which was disposed of by judgment dated 26th August, 2011 directing consideration of a representation when it was alleged that the petitioner had encroached into the Government property. It is stated that taking advantage of this judgment, in violation of the injunction order passed by the civil court, petitioner is attempted to be evicted from her property. W.P.(C) No. 26338 OF 2011 :2 : 2. First of all, a reading of the judgment referred to above shows that this court has only directed consideration of the representation by the 4th respondent and did not order that the petitioner should be evicted, much less ignoring the order passed by the civil court. That apart if at all it is the case of the petitioner that the order passed by the civil court has been violated, the remedy available to the petitioner is to move the civil court itself. I do not see any merit in this writ petition and hence the same is dismissed. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge