IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 17165 of 2010(O) -------------------------- CMA.22/2009 of SUB COURT,NEYYATTINKARA IA 2413/2009 IN OS.392/2009 of I ADDL.MUNSIFF COURT, NEYYATTINKARA .................... PETITIONER(S): --------------- 1. SILUVAKURISE, S/O. SIMAYAN, PARUTHIYOOR, PALLIVILAKOM VEEDU, POZHIYOOR DESOM, KULATHOOR VILLAGE. 2. VINITHA, D/O. MARIYADA, KALLUVILA VEEDU PARUTHIYOOR DESOM, PARUTHIYOOR VILLAGE. 3. SILUVAKURISE, S/O. MATHESSI PILLA, PALLIVILAKOM VEEDU, PARUTHIYOOR DESOM, PARUTHIYOOR VILLAGE. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY RESPONDENT(S): --------------- 1. FRANCIS, S/O. ALPHONSE, BRIGHT HOUSE, POIPALLIVILAKOM, THEKKEKOLLEMCODE, POZHIYOOR DESOM, KULATHOOR VILLAGE. 2. DHAMAYANS, S/O. ANTHONIYAPPAN, HOLY SPIRIT BHAVAN, KIZHAKKEVILA,POZHIYOOR DESOM, KARODE VILLAGE. 3. HEPSY MARRY, W/O. DHAMAYANS, DO-DO- THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.17165/2010 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF PLAINT IN OS 392/2009 ON THE FILE OF MUNSIFF COURT, NEYYATTINKARA EXT.P2 COPY OF THE COMMISSIONER'S REPORT IN OS 392/2009 OF MUNSIFF COURT, NEYYATTINKARA EXT.P3 COPY OF ORDER DATED 15.6.2009 IN IA 2413/2009 IN OS 392/2009 OF THE MUNSIFF COURT, NEYYATTINKARA EXT.P4 COPY OF JUDGMENT DATED 25.3.2010 IN CMA 22/2009 OF THE SUB COURT, NEYYATTINKARA EXT.P5 TRUE COPY OF COMMISSION REPORT DATED 10.6.2010 EXT.P6 TRUE COPY OF PROSECUTION PETITION BEFORE THE TRIAL COURT ON 15.6.2010 AS IA NO.4064/2010 //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.17165 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010. JUDGMENT This Writ Petition is filed by petitioners/plaintiffs in challenge of Ext.P4, judgment of the appellate court in C.M.A.No.22 of 2009. When this matter came up for hearing on 03.06.2010 I issued an order directing respondents not to put up structures on the eastern side of JIR line shown by the Advocate Commissioner in the sketch at a width of 1.50 metres for a period of one month from that date. Learned counsel for petitioners state that in violation of the said order respondents have put up structures. Learned counsel also states that petitioners have amended the plaint to incorporate a prayer for mandatory injunction for removal of impugned structures from the pathway claimed in the plaint. Learned counsel states that evidence in the suit is over and it is posted for judgment on 3.07.2010. Since petitioners have already amended the plaint incorporating a prayer for mandatory injunction I make it clear that it will be open to the petitioners to pursue their remedy for removal of structures in the suit if it is ultimately found that structures were put up after institution of the suit and infringing the right of way claimed by petitioners. Writ Petition is closed with the above observation. I.A.No.8953 of 2010 will stand closed. THOMAS P.JOSEPH, Judge. WP(C) No.17165/2010 2 cks