IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 19175 of 2010(V) -------------------------------- PETITIONER(S): ------------------ 1. P.M.JOSE, S/O.MAMMON, PLAMMOOTTIL HOUSE KULANADA, ADOOR, PATHANAMTHITTA. 2. ELIZABETH JOSE, W/O.P.M.JOSE, RESIDING AT -DO-. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): -------------------- 1. K.R.RAVI, S/O.RAGHAVAN PILLAI, KUNNATHU HOUSE, THONNALLOOR, PANDALAM, ADOOR.-689501 2. CIRCLE INSPECTOR OF POLICE, PANDALAM.-689501 3. SUB INSPECTOR OF POLICE, PANDALAM.-689501 ADV. SRI.P.VIJAYA BHANU FOR R1 SRI.AJEESH K.SASI FOR R1 GOVT PLEADER (SR) SRI.M.K.ABUBACKER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19175 of 2010(V) APPENDIX PETITIONERS' EXTS EXT.P1:- TRUE COPY OF JUDGMENT DATED 09/12/05 IN O.S. NO.190/96 PASSED BY THE MUNSIFF COURT, PATHANAMTHITTA. EXT.P2:- TRUE COPY OF DELIVERY KAICHIT PREPARED BY THE AMEEN. DATED 07/04/10. EXT.P3:- TRUE COPY OF BUILDING PERMIT ISSUED BY THE SECRETARY, PANDALAM GRAMA PANCHAYAT TO THE PETITIONERS DT.27/01/10. EXT.P4:- TRUE COPY OF FIR SUBMITTED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, ADOOR BY THE POLICE. EXT.P5:- TRUE COPY OF COMPLAINT DT.11/05/10 AND RECEIPT ISSUED FOR HAVING RECEIPT OF THE SAME BY THE 3RD RESPONDENT. //TRUE COPY// PA. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.19175 of 2010 ------------------------------------------------ Dated this the 13th day of October, 2011 JUDGMENT Pius C. Kuriakose, J It appears to us that the petitioners are facing a genuine grievance. The petitioner has been issued with Ext.P3 Building Permit for the construction of a compound wall. There was some boundary dispute in the sense that the 1st respondent and people under him complained that the proposed compound wall was to be constructed encroaching upon “puramboke”. Ext.P2 is a Final Report submitted by the Amin on the basis of fixation of the boundary pursuant to a decree for fixation of compound wall which had attained finality. The grievance of the petitioners is that notwithstanding Ext.P2 they are not able to put up the boundary. We feel that the petitioners should approach the Sub Court, Pathanamthitta by filing an execution application in E.P.16/07 in O.S.190/96 seeking assistance of the police in W. P. C. No.19175 of 2010 -2- the matter of putting up a boundary. Once such an application is received by the learned Subordinate Judge, he shall issue notice to the defendants/judgment debtors and thereafter on the basis of an enquiry to be conducted shall appoint an Advocate for supervising the construction of the compound wall. If the Advocate reports that without assistance of the police construction of the compound wall is not possible, the learned Sub Judge shall render adequate and effective protection for ensuring that the petitioners are able to construct compound wall strictly in accordance with Ext.P3 Building Permit on the boundary fixed as per Ext.P2 Kaichit. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/- W. P. C. No.19175 of 2010 -3-