IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 WP(C).No. 30040 of 2010(D) --------------------------------------- PETITIONER: ------------------- SUNNY MATHEW, S/O.MATHAI, ELANJIKAL HOUSE, MUTHALAKODAM KARA, THODUPUZHA VILLAGE, & TALUK, IDUKKI DISTRICT. BY ADVS. SRI.MATHEW JOHN (K), SRI.DOMSON J.VATTAKUZHY. RESPONDENTS: ------------------------ 1. GEORGE JOSEPH, S/O.JOSEPH, MUNDIYANICKAL HOUSE,KIDANGOOR VILLAGE, & POST, MEENACHIL TALUK, KOTTAYAM DISTRICT, -686 572. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PALA. 3. THE CIRCLE INSPECTOR OF POLICE, ERATTUPETTA. 4. THE SUB INSPECTOR OF POLICE, MELUKAVU. R1 BY ADVS. SRI.V.P.SUKUMAR, SRI.JAIRAM.V.MENON, R2 TO R4 BY GOVERNMENT PLEADER SRI. T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30040/2010-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED DTD. 19/12/2003 IN FAVOUR OF MERCY SUNNY. EXT.P.2: COPY OF THE SALE DEED DTD. 19/12/2003 IN FAVOUR OF MARIYAKUTTY. EXT.P.3: COPY OF THE TAX RECEIPT DTD. 10/10/2008. EXT.P.4: COPY OF THE TAX RECEIPT DTD. 10/10/2008. EXT.P.5: COPY OF THE PLAINT DTD. 20/09/2010. EXT.P.6: COPY OF THE APPLICATION AND THE AFFIDAVIT DTD. 20/09/2010. EXT.P.7: COPY OF THE COMMISSIONER'S REPORT AND THE ROUGH SKETCH. EXT.P.8: COPY OF THE LAWYER'S NOTICE DTD. 23/09/2010. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE POSSESSION CERTIFICATE DTD. 23/09/2010 ISSUED BY THE VILLAGE OFFICER, MELUKAVU. EXT.R1.B: COPY OF THE POSSESSION CERTIFICATE DTD. 23/09/2010 ISSUED BY THE VILLAGE OFFICER, MELUKAVU. //TRUE COPY// P.S. TO JUDGE. Prv. R. BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------- W.P.(C) No. 30040 of 2010-D ------------------------------------------------- Dated this the 4th day of January, 2011 JUDGMENT Basant,J. We have heard both counsel. This writ petition has now become practically unnecessary. According to the petitioner, the 1st respondent wants to cut open a pathway through his property. He had approached the civil court i.e., the Munsiff's Court, Erattupetta, with O.S.No.183/10 seeking appropriate relief. According to the petitioner, the 1st respondent is very influential and he has the support and patronage of respondents 2 to 4, all police officials. It is the case of the petitioner that he was being coerced and compelled by respondents 2 to 4 at the instance of the 1st respondent to give up his legal claims and concede to the improper action on the part of the 1st respondent. He has come to court seeking directions that respondents 2 to 4 W.P.(C) No. 30040 of 2010 -: 2 :- may not be permitted to interfere with his civil rights. 2. The respondents have entered appearance. Respondents 2 to 4 assert that they have no intention of interfering in the civil dispute between the petitioner and the 1st respondent. The 1st respondent submits that he has already approached the civil court i.e., the Munsiff's Court, Erattupetta, with O.S.No.188/10. He is not depending on respondents 2 to 4 to exert any illegal pressure or influence on the petitioner. 3. The learned counsel for the petitioner and the 1st respondent submit that the parties shall abide by the directions of the civil court in the matter. The learned Government Pleader, on behalf of the respondents 2 to 4, now submit that respondents 2 to 4 shall not in any way interfere in the civil dispute between the petitioner and the 1st respondent which the Munsiff's Court, Erattupetta, is now seized of in O.S.Nos.183/10 and 188/10. 4. We are satisfied, in the circumstances of the case, that no further directions are necessary. We record the submission of respondents 2 to 4 that they shall not interfere in the civil dispute between the petitioner and the 1st respondent. We record the further statement/undertaking by the petitioner and the 1st respondent that they shall abide by the decision of the W.P.(C) No. 30040 of 2010 -: 3 :- civil court. 5. Recording the above submissions, this writ petition is allowed in part to the above extent. Sd/- R. BASANT (Judge) Sd/- K. SURENDRA MOHAN (Judge) Nan/ //true copy// P.S. to Judge