IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 22569 of 2006(J) -------------------------------------- PETITIONER: ------------------- CHATTI KAKADA POOKOYA, CHATTI KAKADA HOUSE, AGATTI ISLAND, LAKSHADWEEP. BY ADV. SRI.R.RAMADAS. RESPONDENTS: ----------------------- 1. THE ADDITIONAL SUB DIVISIONAL OFFICER, AGATTI ISLAND, LAKSHADWEEP. 2. ELLECHETTA KIDAVE, AGATTI ISLAND, LAKSHADWEEP. 3. ELLA MOHAMMED ALI, AGATTI ISLAND, LAKSHADWEEP. R1 BY ADV. SRI.P.R.RAMACHANDRA MENON,SC,LAKSHADWEED, ADV. SRI. P. PARAMESWARAN NAIR, ASST. S.G, R2 BY ADV. SRI.T.S.ABDUL VAHAB, R3 BY ADV. SRI.T.H.ABDUL AZEEZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22569/2006-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PETITION DTD. 07/01/2006 FILED BY THE R.3. BEFORE THE R.1. EXT.P.2: COPY OF THE VOTERS LIST OF AGATTI ISLAND FOR THE PERIOD 1997. EXT.P.3: COPY OF THE TELEPHONE BILL DTD. 01/02/2006 TO SHOW THAT THE PETITIONER IS RESIDING IN THE CHATTI KAKADA HOUSE. EXT.P.4: COPY OF THE IDENTITY CARD DTD. 04/10/2002 ISSUED TO THE PETITIONER BY THE RETURNING OFFICER, PANCHAYATH CONSTITUENCIES, AGATTI ISLAND. EXT.P.5: COPY OF THE NOTICE DTD. 03/10/2002 ISSUED TO THE PETITIONER BY THE R.1. IN HIS CAPACITY AS THE RETURNING OFFICER. EXT.P.6: COPY OF THE ORDER DTD. 20/03/2006 IN REVENUE CASE 1/2006 BY THE R.1. RESPONDENTS' EXHIBITS: EXT.R1: COPY OF THE SURVEY PLAN CONSISTING OF SY. NO. 781/1/&2 OF AGATTI ISLAND. EXT.R2: COPY OF THE ORDER IN R.P. NO. 1998 OF THE REVENUE COURT AGATTI. EXT.R3: COPY OF THE ROUGH PATTA NO.1547 ISSUED TO HAMZA CHATTIKAKKADA ISSUED BY THE ASST. SETTLEMENT OFFICER. EXT.R4: COPY OF THE JUDGMENT DTD. 09/01/1976 OF THE MUNSIFF'S COURT AMINI IN O.S. NO. 200/69. EXT.R5: COPY OF THE DOCUMENT NO. 14/01. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.22569 OF 2006 --------------------------------------- Dated this the 5th day of November, 2008. J U D G M E N T Challenge is on Exhibit P6 order passed by the first respondent-Additional Sub Divisional Officer. Petitioner is the respondent shown in Exhibit P6 order. The party respondents approached the said authority aggrieved by the alleged interference by the petitioner herein on the peaceful enjoyment of the property. The first respondent has taken the view that the dispute involves various complicated civil and legal issues and hence the said authority declined to interfere in the matter, relegating the parties to approach the Civil Court. 2. Petitioner apprehends that though the application was thus rejected by the said authority, various observations and findings in the order would adversely affect his civil rights and his defence before the Civil Court. It is made clear that in the event of the party respondents approaching the Civil Court, the matter will be considered by the Civil Court of competent jurisdiction, untrammelled by any of the observations and findings contained in Exhibit P6. W.P.(C) No.22569/06 2 It is brought to the notice of this Court that so far party respondents have not moved the Civil Court and they are enjoying the benefit of the status quo ordered in Exhibit P6. It is also made clear that the status quo as ordered in Exhibit P6 will continue only for another six months and in case the party respondents do not approach the Civil Court, there shall not be any further continuance of status quo beyond the period of six months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.22569/06 3 KURIAN JOSEPH, J. W.P.(C) No. 22569 OF 2006 J U D G M E N T 05.11.2008