IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 WP(C).No. 4646 of 2008(C) ------------------------- PETITIONER: ------------ G.P.STEPHEN S/O. POULO, AGED 72 YEARS, GOPURATHUNGAL HOUSE KARAYAMPARAMBU KARA, KARUKUTTY P.O., ANGAMALI PIN 683 576. BY ADV. SRI.M.M.ABDUL AZIZ (SR.) SRI.M.A.ABDUL HAKHIM RESPONDENTS: ------------- 1. ANGAMALI MUNICIPALITY ANGAMALI, REPRESENTED BY ITS SECRETARY. 2. SUB INSPECTOR OF POLICE ANGAMALI. 3. CIRCLE INSPECTOR OF POLICE ANGAMALI. 4. G.P.JOY, S/O. POULO, SALES TAX COMMISSIONER GOPURATHUNGAL HOUSE, KARAYAMPARAMBU KARA KARUKUTTY P.O., ANGAMALI PIN 683 576. BY ADV. SRI.P.SANTHALINGAM, SC, MUNICIPALITY SRI.M.P.ASHOK KUMAR FOR R4 GOVT. PLEADER SRI.K.J.MOHAMMED ANZAR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 4646 of 2008 ---------------------------------- Dated this the 26th day of February , 2008 JUDGMENT The bone of contention between the petitioner and 4th respondent, who is none other than his own brother, in this writ petition is that 35 cents of immovable property comprised in Sy. Nos.414/6, 414/7, 414/10, 414/12, 414/15 & 420/12 of Angamali Village and O.S. No.459/2005 filed by the petitioner and O.S.433/2007 filed by the 4th respondent are presently pending before the Munsiff Court, Aluva., regarding the same. Both these suits are for declaration of the respective rights of the petitioner and 4th respondent. The first prayer in this writ petition is a direction compelling respondents 1 and 4 not to enter into the 35 cents comprised in Sy.No.414/6 & 420/12 of Angamali Village described in Ext.P5 and the second prayer is that respondents 2 and 3 viz. the Sub Inspector of Police and Circle Inspector of Police be directed to take appropriate legal action on the basis of Ext.P5 complaint submitted by the WPC No.4646/2008 2 petitioner. It is the case of the petitioner that the first respondent Municipality at the behest of the 4th respondent is also attempting into trespass into his property. 2. The stand taken by the Municipality before this court is that the Municipality is not at all interested in the civil dispute between the parties which is being adjudicated by the Civil Court. The Municipality does not intend to trespass into the property at all. The Municipality, at any rate , has not attempted to demolish any portion of the compound wall. This being the stand of the Municipality and since the right of the petitioner and the 4th respondent over the property are being adjudicated in the civil court, I am of the view that this court will not be justified in invoking jurisdiction under Article 226. It is submitted before me that the Police have already taken action on Ext.P5. In fact, the petitioner himself concedes that on complaint submitted by him that the compound wall has been forcefully demolished the police have registered a crime against the 4th respondent. 3. The learned Government Pleader submitted that case registered as per Ext.P9 FIR will be duly investigated and necessary charge sheet will be laid on the basis of the evidence WPC No.4646/2008 3 which is collected during investigation and the conclusions arrived at. 4. I decline the reliefs sought for. However, in the interest of both sides, I issue a direction to the Munsiff court, Aluva to consolidate O.S.433/2007 and O.S.459/2005 and try and dispose off them together by including them in the earliest available special list. I record the submission of the counsel for the Municipality that the Municipality does not intend to trespass into any body's property and is not at all a party to the disputes between the petitioner and the 4th respondent. In view of the stand taken, I do not find any reason to grant relief sought for against the Municipality either. Notwithstanding the direction regarding the consolidation and trial of the suits early, it is always open to the petitioner to move the learned Munsiff for early orders on temporary injunction filed by him in O.S. 433/2007. Petition in that regard should be filed before the suits are special listed for trial. PIUS C. KURIAKOSE, JUDGE. dpk WPC No.4646/2008 4