Sri Ganesh Babu vs State of Kerala, The Assistant Executive Engineer, The Assistant Engineer and Sri John

Thomas P. Joseph, J.—Heard counsel for petitioner and Government Pleader appearing for the respondents.

Petitioner is the plaintiff in O.S. No. 149 of 2010 of the court of learned Munsiff, Devicolam. He sued respondents for a declaration of right of way over plaint B schedule to his property (plaint A schedule) and for injunction. According to the plaintiff, he has got a right of easement over plaint B schedule. It is also his case that he has no other access to plaint A schedule. When respondents made preparations to construct building obstructing plaint B schedule, he laid the suit and moved I.A. No. 800 of 2010 for an order of temporary injunction. Notice was ordered on that application and it is posted on 19-07-2010. In the meantime, respondents are making hasty preparations to construct structures obstructing plaint B schedule and hence this writ petition to direct learned Munsiff to consider and pass appropriate order on I.A. No. 800 of 2010 and to direct respondents not to obstruct plaint B schedule by making constructions thereon.

Learned Government Pleader after getting instructions submit that leveling work in the property including plaint B schedule is going on and that petitioner has other access to plaint A schedule. Learned Counsel for petitioner requested that respondents may be prevented from excavation work as well as putting up structures obstructing plaint B schedule for the time being. Learned Counsel for petitioner invited my attention to the report and sketch prepared by the Advocate Commissioner.

Having regard to the facts and circumstances I direct the learned Munsiff to expedite disposal of I.A. No. 800 of 2010 and at any rate, within three weeks from the date of receipt of a copy of this judgment. In the meantime, I direct respondents not to do excavation work in plaint B schedule or, put up structures in such way as to prevent access through plaint B schedule during the said period of three weeks or, until learned Munsiff passed appropriate orders on I.A. No. 800 of 2010 whichever is earlier. I make it clear that this order will not prevent respondents from carrying on leveling work in plaint B schedule.

With the above direction the writ petition is disposed of.