IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 WP(C).No. 14774 of 2009(N) -------------------------- PETITIONER(S): --------------- JACOB JOSEPH, AGED 41 YEARS, S/O.OUSEPH,KOTHAKULANGARA VIRUUNATTU, ERAMALLOOR P.O.,EZHUPUNNA VILLAGE EZHUPUNNA GRAMA PANCHAYAT WARD XIII, ALAPPUZHA DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SMT.VANDANA MENON RESPONDENT(S): --------------- 1. EZHUPUNNA GRAMA PANCHAYATH REP. BY ITS SECRETARY, OFFICE OF THE GRAMA PANCHAYATH, EZHUPUNNA,ERAMALLOOR P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT. 2. THE DISTRICT SUPERINTENDENT OF POLICE ALAPPUZHA. 3. THE DEPUTY SUPERINTENDENT OF POLICE CHERTHALA. 4. THE SUB INSPECTOR OF POLICE AROOR. 5. SOMAN, S/O.MARAKKITHARA KARUPPAN ERAMALLOOR P.O.,EZHUPUNNA, ALAPPUZHA DISTRICT. 6. KUTTAN, S/O.MATTAPPURATH NIKARTHIL SREEDHARAN, ERAMALLOOR P.O.,EZHUPUNNA, ALAPPUZHA DISTRICT. 7. PRAKASAN, S/O.MARAKKITHARA VAVA ERAMALLOOR P.O.,EZHUPUNNA, ALAPPUZHA DISTRICT. 8. SATHEESAN, S/O.MARAKKITHARA SANKARAN, ERAMALLOOR P.O.,EZHUPUNNA, ALAPPUZHA DISTRICT. W.P.(C) No.14774/2009 : 2 : 9. ANILKUMAR, S/O.MATTAPPURATH SANKARAN ERAMALLOOR P.O.,EZHUPUNNA, ALAPPUZHA DISTRICT. By ADV. DR.K.P.SATHEESAN FOR R5 TO 9 SRI.K.K.GOPINATHAN NAIR FOR R5 TO R9 SRI.M.R.JAYAPRASAD FOR R5 TO R9 SRI.P.MOHANDAS (ERNAKULAM) FOR R5 TO R9 SRI.MATHEW SUNNY FOR R5 TO R9 SRI.P.N.PURUSHOTHAMA KAIMAL FOR R1 BY GOVT. PLEADER SRI. P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.14774 of 2009 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY VILLAGE OFFICER, EZHUPUNNA DT. 19.12.2007 EXT.P2 TRUE COPY OF THE RECEIPT ISSUED FROM THE VILLAGE OFFICE, EZHUPUNNA DATED 19.5.2009. EXT.P3 TRUE COPY OF THE STOP MEMO ISSUED BY EZHUPUNNA GRAMA PANCHAYAT DT. 17.12.2007. EXT.P4 TRUE COY OF THE ORDER DT. 8.2.2008 ISSUED BY THE PANCHAYAT. EXT.P5 TRUE COPY OF THE APPLICATION DT. 6.3.2008 SUBMITTED BY PETITIONER BEFORE THE PANCHAYAT. EXT.P6 TRUE COPY OF ORDER DT. 8.4.2008 ISSUED BY THE PANCHAYAT TO THE PETITIONER. EXT.P7 TRUE COPY OF THE ORDER DT. 19.8.2008 ISSUED BY THE TRIBUNAL FOR LOCAL SELF GOVERNMENT INSTITUTIONS, THIRUVANANTHAPURAM. EXT.P8 TRUE COPY OF THE PLAN APPROVED BY THE PANCHAYAT FOR THE CONSTRUCTION OF THE COMPOUND WALL BASED ON EXT.P7 ORDER. EXT.P9 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 10.5.2009 EXT.P10 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT DT. 13.5.2009. EXT.P11 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DT. 13.5.2009. EXT.P12 TRUE COPY OF THE LOCATION SKETCH SHOWING THE PROPERTY OF THE PETITIONER. EXT.P13 TRUE COPY OF THE EYE SKETCH SHOWING THE RAMP CONSTRUCTED BY THE RESPONDENTS 5 TO 9. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.BHAVADASAN, JJ. ------------------------------- W.P.(C) No.14774 of 2009 ------------------------------- Dated this the 8th June, 2009 J U D G M E N T Raman, J. The allegation made in the writ petition is that construction of compound wall around the property belonging to the petitioner is being obstructed by the party respondents. It is submitted that despite complaint made to the police, no help is forthcoming. Hence, this writ petition. 2. Pursuant to the notice issued, party respondents have appeared. They admit ownership of the property. But according to them, on the northern side, there is a pathway which is being used by the public and attempt of the petitioner is to close the pathway. So however they are not doing any physical obstruction as alleged in the writ petition. 3. The learned Government Pleader, on instructions, submitted that a crime was registered on the W.P.(C) No.14774 of 2009 2 complaint made by the petitioner's brother. But nothing thereafter has been done. 4. After hearing all concerned, we are of the opinion that construction of the compound wall except on the northern side, there is no possibly no dispute and no obstruction as also. However, as regards the construction of the compound wall on the northern side, if it is closing a pathway, probably that may affect the public. We are not sure whether there is public pathway or not, and it is not a question to be decided in the writ petition. In case, petitioner has got any dispute with regard to the construction of compound wall on the northern side, it is for him to approach the Civil Court. As regards the remaining three sides is concerned, if there is any obstruction, the police will look into the matter and do the needful. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.BHAVADASAN , JUDGE. nj.