T.G. Mathew vs Cheriyanadu Panchayath

Thomas P. Joseph, J.—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.

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 am inclined to grant relief to the petitioner.

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.