IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 26139 of 2009(J) -------------------------- PETITIONER: --------------- K.A.RAJAN, S/O.APPU, AGED 50 YEARS, KOPPARA HOUSE, POST.CHAVAKKAD, MANATHALA VILLAGE, CHAVAKKAD TALUK, THRISSUR. BY ADV. SRI.RAJIT RESPONDENTS: --------------- 1. COCHIN DEVASWOM BOARD, THRISSUR, REPRESENTED BY THE SECRETARY. 2. COMMISSIONER, COCHIN DEVASWOM BOARD, THRISSUR. 3. ASSISTANT COMMISSIONER, COCHIN DEVASWOM BOARD, THRISSUR. 4. SPECIAL TAHSILDAR (L.C.UNIT) COCHIN DEVASWOM BOARD, THRISSUR. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF REPORT FROM R4 NO.A/83/06 DT.29.10.2008. P2: TRUE COPY OF ORDER NO.R.10858/08 DT.16.12.2008 OF R1. P3: TRUE COPY OF REPRESENTATION FILED BY PETITIONER BEFORE R3 WITH COPY TO 1ST AND 4TH RESPONDENTS DT.2.6.2009. P4: TRUE COPY OF NOTICE NO.R.10858/08 DT.18.5.2009 ISSUED BY R1. P5: TRUE COPY OF ORDER NO.R2.1058/03 DT.18.6.2009 ISSUED BY R3 TO PETITIONER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.26139 of 2009 .................................................................... Dated this the 18th day of March, 2010. JUDGMENT Ramachandran Nair, J. W.P.(C) was filed for direction to the Devaswom Board to remove the Bandaram (hundi) from the petitioner's property. However, Ombudsman has reported that there is no need to shift the hundi and petitioner also has no objection for retention of hundi provided he is permitted to construct compound wall to protect his property. We do not think Devaswom can have any objection against the petitioner constructing compound wall to protect his property. However, compound wall should be constructed by excluding the hundi and without obstructing the view and access to the hundi. The Executive Officer of the Devaswom Board will oversee construction of the compound wall by the petitioner and ensure that hundi is within the 2 vicinity of people going that area and the access to it is not affected. W.P.(C) is disposed of as above. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms