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 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 21302 of 2011(K) -------------------------- PETITIONER(S): --------------- V.SHAJI, S/O.VASUDEVA PANICKAR, SHAJI BHAVANAM, NADUVILE MURI, NOORANADU VILLAGE, ALAPPUHZA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT-688 001. 2. DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, ALAPPUZHA DISTRICT-689 121. 3. CIRCLE INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, ALAPPUZHA DISTRICT, PIN 690 101. 4. SUB INSPECTOR OF POLICE, NOORANADU POLICE STATION, ALAPPUZHA DISTRICT, PIN 690 504. 5. SASI, S/O.NARAYANAN, MANAKKATTETHU EDUPPURAYIL, PULIMEL MURI, NOORANADU VILLAGE, PATTOOR P.O., NOORANADU, ALAPPUZHA DISTRICT, PIN 690 529. 6. SALIM, S/O.SIVADASAN, NEETHU BHAVANAM, EDAPPON MURI, NOORANADU VILLAGE, PATTOOR P.O., NOORANADU, ALAPPUZHA DISTRICT, PIN 690 529. 7. JOHNSON, S/O.MATHAI, SALIM NIVAS, EDAPPON MURI, NOORANADU VILLAGE, PATTOOR P.O., NOORANADU, ALAPPUZHA DISTRICT-690 529. 8. CHANDRAN PILLAI, S/O. PAPPU PILLAI VALETHU PADEETTATHIL, EDAPPON MURI, NOORANADU VILLAGE, PATTOOR P.O. NOORANADU ALAPPUZHA DISTRICT - 690 529. 9. SUDHAKARN, S/O. KRISHNAN, CHIRATTAYIL VEEDU, EDAPPON MURI, NOORANADU VILLAGE, PATTOOR P.O. NOORANDADU, ALAPPUZHA DISTRICT - 690 529. BY GOVT.PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.21302/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TAX RECEIPT ISSUED TO THE PETITIONER. EXT.P2: COPY OF THE PLAINT IN O.S. NO.227/2011 BEFORE THE MUNSIFF COURT AT MAVELIKARA. EXT.P3: COPY OF THE ORDER DATED 27/7/2011 IN I.A. NO.1326/2011 IN O.S. NO.227/2011 OF THE MUNSIFF COURT AT MAVELIKARA. EXT.P4: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE 4TH RESPONDENT DATED 30/7/2011. EXT.P5: COPY OF THE EXTRACT O THE SURVEY PLAN OF THE PETITIONER'S PROPERTY. /TRUE COPY/ P.A.T O JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No.21302 OF 2011 ------------------------ Dated this the 4th day of August, 2011 JUDGMENT Pius C.Kuriakose, J. The grievance voiced by the petitioner in this writ petition filed under Article 226 is that in spite of Ext.P3 order passed by the Munsiff Court, Mavelikara, the respondents violated the order and has trespassed into the portion of the property belonging to the petitioner and annexed that portion to the pathway so that they get a wider pathway. According to us, even if everything that the petitioner says is correct, his remedy lies before the Munsiff Court, Maveilkara itself by way of proceedings under Order 39 Rule 2A. If the petitioner thinks that portion of his property has been reduced to the possession of the party respondents, he may have even to seek amendment of the pleadings in the original suit and seek recovery of possession. We dispose of this writ petition with the above observations. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM, JUDGE dpk