IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 CRP.No. 577 of 2008() --------------------- AGAINST THE ORDER DATED 02/04/2008 IN EP 208/2007 IN OS.358/1995 of I ADDL.M.C.,TRIVANDRUM .................... PETITIONER/3RD JUDGMENT DEBTOR: ------------------------------------------------------ TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD BUILDING, NANTHANCODE, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.E.K.MADHAVAN SRI.V.KRISHNA MENON SMT.P.VIJAYAMMA SRI.DEVIDAS.U.K RESPONDENT/DECREE HOLDER: ------------------------------------------- R.NARAYANAN POTTI, THUNDUVILAKATHU MADOM, THAMALAM, POOJAPPURA P.O., THIRUVANANTHAPURAM. ADV. SRI.R.S.KALKURA FOR R1 SRI.M.S.KALESH FOR R1 SRI.HARISH GOPINATH FOR R1 SRI.V.VINAY MENON FOR R1 SRI.M.AJAY (IRUMPANAM) FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.1692 OF 2008 IN C.R.P.NO.577 OF 2008 DISMISSED. 3.12.2009 SD/- S.S.SATHEESACHANDRAN, JUDGE. S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.577 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd December, 2009 ORDER The revision is directed against the order dated 2.4.2008 in E.P.No.208 of 2007 in O.S.No.358 of 1995 passed by the learned 1st Additional Munsiff, Trivandrum. The third judgment debtor, a Statutory Board, namely, Travancore Devaswom Board, has filed this revision. The Secretary of that Board has been proceeded against for disobeying a decree of injunction passed in the above suit in favour of the respondent-decree holder/plaintiff. The learned Munsiff has directed for removal of a gate and water outlet fixed on the southern boundary wall of the decree schedule property and also the garbages dumped in the property within two months from the date of the order, failing which the decree holder was given liberty to do the work and realise the cost thereof from the judgment debtors and their personal assets. A further direction was also given that in the event of further trespass/obstruction by the judgment debtors to the decree holder in the enjoyment of his property, they are liable to arrest and detention in civil prison and attachment of their property. Pursuant to that order passed by the court and the application moved CRP No.577/08 - 2 - by the decree holder that the decree is being continuously violated by the judgment debtors, the court below ordered for issuing warrant against judgment debtors directing their detention in civil prison. A15 is the copy of that order. A further order was also passed for appointment of a commission to carry out the removal of the gate and other works directed to be performed by the judgment debtors since it was not done by them. A16 is the copy of that order. Though the revision is filed against the previous order, at the time of hearing, the propriety and correctness of A15 and A16 orders were also impeached as without jurisdiction and not in compliance with the procedural requirements mandated by law. It is noticed that though the court has ordered for arrest warrant against the judgment debtors, the term of detention has not been specified in A15 order. It appears that the court is under the view that it can issue arrest warrant on entering a finding as to violation of a decree of injunction without fixing the term of detention as against the condemner, after his arrest and production before the court. However, in the given facts of the case, and as to what has transpired after filing of this petition, in which both parties have come to some terms how the violations imputed of the decree have to be resolved, no further CRP No.577/08 - 3 - enquiry on the legality, propriety and correctness of the orders passed by the court below need be gone into. Learned counsel appearing for the petitioner-Board has submitted that the order of the court for compliance of the decree by removal of the gate and the water outlets fixed on the southern compound wall of the decree schedule property will be completed withina period of one month from the date of passing of the order passed by this court. A statement to that effect has also been filed by the Secretary of the Travancore Devaswom Board. Statement reads thus: “The Travancore Devaswom Board shall comply with the direction contained in the order dated 2.4.2008 for removal of the gate and the water outlets fixed on the southern compound wall of the decree schedule property. It is respectfully prayed that this Hon'ble Court be pleased to grant the Travancore Devaswom Board one month's time for carrying out the aforementioned works.” Statement filed as quoted above is recorded. Orders impugned in the revision including A15 and A16 are set aside subject to the direction the Travancore Devaswom Board shall comply with the performance of the work as stated in the above quoted statement filed before this CRP No.577/08 - 4 - court within the time limit agreed upon. Work shall be performed within one month from the date of receipt/production of a copy of this order before the court below and that too under the supervision of an advocate commissioner deputed by the court. The commissioner shall report before the court after the performance of the work as to the compliance of the work done by the Board. The Board shall also meet the expenses for appointment of the commissioner to supervise the work. In the event of any default by the Board to comply with the order as undertaken in the statement filed before this court within the time limit fixed, the Secretary of the Board shall be personally liable and appropriate orders shall be passed by the court against him and also against the Board in accordance with law. Revision is disposed as indicated above. srd S.S. SATHEESACHANDRAN, JUDGE