IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 16432 of 2006(F) -------------------------- PETITIONERS: --------------- 1. V.GOPAKUMAR, S/O.VELAPPAN, TC NO.42/1398, SREEPADMAM BANK, PUTHAN PALAM, VALLAKKADAVU, MUTTATHARA, THIRUVANANTHAPURAM. 2. PADMAVATHY, D/O.PARVATHY, TC.NO. 42/1398, SREEPADMAM BANK, PUTHAN PALAM, VALLAKKADAVU, MUTTATHARA, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA RESPONDENTS: ---------------- 1. K.VISWAMBHARAN, S/O.KUTTAN PILLAI, AGED 52 YEARS, RESIDING AT REVATHI NIVAS, TC.NO.72/2428(1), OLD TC NO.42/1398(1) PUTHAN PALAM, VALLAKKADAVU, MUTTATHARA, THIRUVANANTHAPURAM. 2. THE CORPORATION OF TRIVANDRUM, REP. BY ITS SECRETARY. TRIDA, THIRUVANANTHAPURAM. R1 BY ADV. SRI.ISSAC NINAN SRI.ISSAC SAMUEL R2 BY SRI.NANDAKUMARA MENON, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 16432/2006 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE COMMON ORDER DATED 07.09.05 IN OS NO.197/2005 BEF0RE THE PRINCIPLE MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P2 : TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DATED 20.03.06. EXT.P3 : TRUE COPY OF THE ACKNOWLEDGEMENT EVIDENCING THE ACCEPTANCES OF THE REPRESENTATION DATED 20.03.06. EXT.P4 : TRUE COPY OF THE JUDGMENT IN WP(C) NO.9914/06 DATED 31.03.06. /TRUE COPY/ PS TO JUDGE ttb KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No. 16432 of 2006 ----------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT The writ petition is filed with the following prayer:- i) Issue a writ of mandamus or any other appropriate writ order or direction in the nature of mandamus directing the 2nd respondent to consider and dispose of Exts.P2 representation submitted by the petitioners after giving an opportunity to the petitioners of being heard within the time stipulated by this Hon'ble Court and remove all obstructions including gate etc. erected by the 1st respondent forthwith. There will be a direction to the second respondent to consider Ext.P2 with notice to the petitioners and the first respondent taking note also of the pendency of civil disputes between the parties and pass appropriate orders in accordance with law expeditiously. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.16432 of 2006 ----------------------------------- JUDGMENT 5th September, 2008