IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 4362 of 2010(U) ------------------------------------- PETITIONER(S): ---------------------- MERCELY, S/O.ACHANBAVA, PULITHARA VEETTIL, PONNARIMANGALAM, MULAVUKAD, ERNAKULAM DISTRICT. BY ADV. SRI.DINESH MATHEW J.MURICKEN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 033. 2. SUB INSPECTOR OF POLICE, MULAVUKAD. 3. JOSEPH KUNJAPPAN, NIRAKKASSERI HOUSE, ASOKA ROAD, KALOOR. R1 & R2 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN R3 BY ADV. SRI.A.BALAGOPALAN & SRI.A.RAJAGOPALAN SRI.SOJO J.KALLIDUKIL SRI.IMTHIYAZ AHAMED SRI.K.SANEESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 4362 OF 2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE JUDGMENT IN O.S.NO.132/87 PASSED BYTHE 2ND ADDITIONAL MUNSIFF COURT, ERNAKULAM, DATED 8.7.1991. EXT.P2.TRUE COPY OF THE JDUGMENT IN AS.NO.26/92 PASSED BY THE IST ADDITIONAL SUB COURT, ERNAKULAM DATED 25.7.1998. EXT.P3.TRUE COPY OF THE SECOND APPEAL AS S.S.NO.875 OF 1999. EXT.P4.TRUE COPY OF THE DEATH CERTIFICATE OF THE IST APPELLANT DATED 28.11.2009. EXT.P5.TRUE COPY OF THE DEATH CERTIFICATE OF THE 2ND APPELLANT DATED 28.11.2009. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.4362 of 2010-U ---------------------------------------------- Dated, this the 19th day of February, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs:- “i). to issue a writ of mandamus or any other appropriate writ or direction to the 2nd respondent not to interfere in the civil dispute and threaten him to settle the civil dispute. ii). to issue a writ of mandamus or any other appropriate writ or direction to the 2nd respondent not to interfere with the construction of the compound wall being made by the petitioner and not to harass the petitioner.” 2. Briefly put, the case of the petitioner is as follows:- The petitioner is the 2nd defendant in O.S.No.132/1987. The said suit was decreed against he petitioner by Ext.P1 judgment. Petitioner filed appeal. The appeal was allowed by Ext.P2 judgment. Against the said judgment plaintiffs filed S.A.875/1999 before this Court (Ext.P3). The appellants in the Second Appeal are no more. Exts.P4 and P5 are the death certificates of the appellants. According to the petitioner, the second appeal stands abated. Petitioner started construction of compound wall in his property. The 2nd respondent has interfered on the basis of the complaint by the 3rd respondent stating that the matter is pending before this Court and hence the petitioner cannot WPC 4362/2010 -2- construct the compound wall. 3. We heard the learned counsel for the petitioner, learned counsel for the 3rd respondent and also the learned Government Pleader. Learned counsel for the 3rd respondent submits that an application has been filed to implead the legal heirs of the appellants and that some defects were noted. It is submitted that it is also reported that papers are missing and the 3rd respondent is amenable to filing fresh application. Learned Government Pleader would submit that the 2nd respondent will not interfere in the matter as it is a pure civil matter and that the 2nd respondent only directed both the parties to maintain law and order. We record the above submission of the learned Government Pleader and close this writ petition. We make it clear that this will be without prejudice to the rights of the parties. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS