IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No.32267 of 2008 (N) ---------------------------------- CMA.53/2006 of ADDL.DISTRICT COURT-I,MAVELIKKARA OS.226/2006 of M.C, MAVELIKKARA .................... PETITIONERS: ----------------- 1. RASHEEDA BEEVI, NIZAR MANZIL, MANNAKKATTU MURI, MAVELIKKARA VILLAGE. 2. ABDUL RASHEED, S/O. MUHAMMED HANEEFA, NIZAR MANZIL, OF -DO- BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ----------------- 1. KERALA STATE, REPRESENTED BY DISTRICT COLLECTOR, ALAPPUZHA. 2. CHIEF ENGINEER, P.W.D BUILDING SECTION, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER, P.W.D BUILDING SECTION, ALAPPUZHA. 4. ASSISTANT EXECUTIVE ENGINEER, P.W.D BUILDING SECTION, MAVELIKKARA. 5. VILLAGE OFFICER, VILLAGE OFFICE, MAVELIKKARA. GOVT. PLEADER SMT. LATHA T. THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.32267 of 2008 (N) APPENDIX PETITIONERS' EXTS:- EXT.P1:- TRUE COPY OF THE APPLICATION DT. NIL. EXT.P2:- TRUE COPY OF THE OBJECTION DT. NIL FILED BY THE COUNTER PETITIONERS. EXT.P3:- TRUE COPY OF THE ORDER DT.16/10/06. EXT.P4:- TRUE COPY OF THE JUDGMENT DT.04/08/07 OF THE LOWER APPELLATE COURT. EXT.P5:- TRUE COPY OF THE REGISTERED SALE DEED DT.01/12/1980. EXT.P6:- TRUE COPY OF THE COMMUNICATION DT.18/11/06 ISSUED BY THE SUB DIVISIONAL ENGINEER PHONES (WEST), MAVELIKKARA. EXT.P7:- TRUE COPY OF THE REPLY DT.31/01/2000 IN W.P.C. NO.31914/06 BEFORE THE HONOURABLE HIGH COURT OF KERALA, ERNAKULAM. ................ K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.32267 of 2008 ------------------------------------------------ Dated this the 27th day of January, 2009 JUDGMENT Counsel for the petitioners submits that this Writ Petition arises out of concurrent orders passed by the courts below refusing to grant a mandatory injunction for removal of a wall put up enclosing their pathway which runs through the guest house property at Mavelikkara; that I.A.1446/06 for mandatory injunction was filed on 31/07/06 consequent on closing of the pathway by the Government officials who are in management of the guest house and the properties of the Government; that ever after closing of the pathway, the petitioners are climbing over a wall using a ladder and having access to their house and that the pathway has to be restored by this Court at an early date. W. P. C. No.32267 of 2008 -2- 2. I fail to understand how the learned counsel for the petitioners/plaintiffs have approached this Court with such a prayer if at all the pathway had been closed even prior to filing of I.A.1446/06 on 31/07/06. Obviously at least from the date of filing of the said I.A. on 31/07/06, for to-and-fro access the petitioners are using some other way or using ladder to climb the walls for the purpose. If at all it be so, nothing prevented the petitioners from approaching this Court for a direction being issued to the trial court to have the suit itself disposed of on merits. The suit is one filed in 2006 and till 2009 January if the petitioners could manage without a pathway, I do not see any reason why this Court is to interfere in the matter exercising jurisdiction under Article 226 of the Constitution of India to cause a wall being demolished and to provide a pathway for W. P. C. No.32267 of 2008 -3- the plaintiffs. 3. In the result, I dismiss this Writ Petition, but direct the trial court to expedite the trial of the suit so however, that the suit shall be disposed of positively in another three months excluding the period of vacation. The direction is so given as the counsel for the petitioners submits that the suit is now ripe for trial. Petitioners are permitted to produce a copy of this judgment in the court below forthwith to enable the trial court to abide by the above directions without any further delay. 4. Issue copy of this judgment to the counsel for the petitioners urgently. K.P.BALACHANDRAN, JUDGE kns/-