High Court Kerala High Court

T.G.Mathew vs Cheriyanadu Panchayath on 9 July, 2010

Kerala High Court
T.G.Mathew vs Cheriyanadu Panchayath on 9 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21512 of 2010(O)



1. T.G.MATHEW
                      ...  Petitioner

                        Vs

1. CHERIYANADU PANCHAYATH
                       ...       Respondent

                For Petitioner  :SRI.R.KRISHNA RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :09/07/2010

 O R D E R
                             THOMAS P. JOSEPH, J.
                            --------------------------------------
                             W.P.(C) No.21512 of 2010
                            --------------------------------------
                      Dated this the 9th day of July, 2010.

                                      JUDGMENT

Writ Petitioner is the plaintiff in O.S.No.328 of 2002 of the court of learned

Munsiff, Chengannur, sued the respondents for a declaration that the pathway

passing through his property is his private road and for injunction against

respondents converting it into a public road. Petitioner was enjoying the benefit

of an order of temporary injunction as per Ext.P1 which was in force until the suit

was dismissed on 30.06.2010. Immediately thereon, petitioner applied for

carbon copy of judgment as per C.A.No.947 of 2010 but, that carbon copy has

not so far been issued to him. Apprehension of the petitioner is that in the

meantime, respondent No.1 is taking hasty steps to convert the disputed road

into a Panchayat road. Petitioner therefore seeks a direction to the learned

Munsiff to issue carbon copy of the judgment and in the meantime, to direct

respondent No.1 to maintain status quo. Learned counsel states that information

received is that respondent No.1 is making attempts to convert the disputed road

into a Panchayat road on 10.07.2010.

2. It is seen from Ext.P1 that petitioner was enjoying the advantage of

an order of temporary injunction until disposal of the suit. In the circumstances I

am inclined to grant relief to the petitioner.

WP(C) No.21512/2010

2

Resultantly this Writ Petition is allowed in the following lines:

i. Learned Munsiff is directed to issue carbon copy of

judgment dated 30.06.2010 in O.S.No.328 of 2002 if it has been applied for, as

per rules as early as possible, at any rate within ten days from this day.

ii. In the meantime parties are directed to maintain the present

condition of the disputed way till the expiry of seven (7) days from the date

notified to receive carbon copy of judgment as aforesaid.

THOMAS P.JOSEPH,
Judge.

cks