IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 31058 of 2009(B) -------------------------- PETITIONER(S): --------------------- SREEJITH SUDHAKAR, S/O.K.SUDHAKARAN, SEVINIVILASOM, NEERAVIL PERINAD P.O., THRIKKADAVOOR VILLAGE, KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, KOLLAM. 2. CIRCLE INSPECTOR OF POLICE, KULATHUPPUZHA, KOLLAM. 3. SUB INSPECTOR OF POLICE, KULATHUPPUZHA, KOLLAM. 4. ABDUL RAHMAN @ VAHAB, THEMMEL NADUKUNNIL, KAITHAKKODU, KULATHUPPUZHA, KOLLAM. ADV. SRI.S.SREEKUMAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.31058/09 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF THE COMPLAINT DATED 28.10.2009 LODGED BEFORE THE 2ND RESPONDENT. /TRUE COPY/ PS TO JUDGE R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------- W.P(C).No.31058 of 2009 ---------------------------------------------- Dated this the 1st day of March, 2011 JUDGMENT Basant, J. The petitioner has come to this Court seeking issue of direction under Article 226 of the Constitution. This petition was filed as early as on 30.10.2009. On 5.11.2009, when the matter came up for hearing, the following interim order was passed: “Interim order as prayed for. However, it is made clear that the petitioner shall permit the tribals to use the pathway for availing water from the Thodu. Post for further orders on 11.11.2009.” Thereafter the matter came up for hearing on 11.11.2010. Subsequently, the matter has not come up for hearing. The interim order has remained all along from 5.11.2009. 2. When the matter has come up for hearing today, learned counsel for the fourth respondent submits that the petitioner has WP(C) No.31058/09 - 2 - already filed a civil suit and the civil court is seized of the matter. The fourth respondent has no objection against the interim order issued on 5.11.2009 being made absolute. We are satisfied, considering the nature and sequence of events that the interim order dated 5.11.2009 can be made absolute and this proceedings closed. This petition is , in these circumstances, allowed in part. The interim order dated 5.11.2009 extracted above is made absolute. R.BASANT, JUDGE K.SURENDRA MOHAN, JUDGE vgs