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ASWATHY HOUSING PRIVATE LIMITED versus SHRI F.J. TENNISON

High Court of Kerala

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ASWATHY HOUSING PRIVATE LIMITED v. SHRI F.J. TENNISON - WP(C) No. 18216 of 2007(R) [2007] RD-KL 10560 (19 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18216 of 2007(R)

1. ASWATHY HOUSING PRIVATE LIMITED,
... Petitioner

2. GEORGE THOMAS,

Vs

1. SHRI F.J. TENNISON,
... Respondent

2. SHRI SURENDRAN,

3. SMT.NEENA CLEETUS,

4. SHRI JOY,

5. THE SUB INSPECTOR OF POLICE,

6. THE CIRCLE INSPECTOR OF POLICE,

7. THE SUPERINTENDENT OF POLICE (RURAL),

8. THE DIRECTOR GENERAL OF POLICE,

For Petitioner :SRI.K.M.SATHYANATHA MENON

For Respondent :SRI.A.M.MUKTHAR

The Hon'ble MR. Justice P.R.RAMAN The Hon'ble MRS. Justice K.HEMA

Dated :19/06/2007

O R D E R

P.R. RAMAN & K. HEMA, JJ.

W.P.(C).No.18216 of 2007 R Dated this the 19th day of June, 2007.

JUDGMENT

Raman, J.

First petitioner is the President of Aswathy Housing Private Limited, which engages in the construction of Villas and complexes at various places. Second petitioner is stated to be the Convenor of Resident's Ad-hoc committee. At the instance of first respondent- Panchayat, a notice was issued to the petitioners alleging that the building constructed by them is in a 'purampoku' land. The petitioners denied this allegation and, according to them, the matter is pending with the Panchayat. It is further alleged that respondents 1 to 3, by using muscle power, threatened the Watchman and entered the Villas and even threatened the residents also. This Court, by order dated 13.6.2007, granted interim direction to give protection to the life of the petitioners and notice was issued to other respondents.

2. Respondents 1n to 4 entered appearance and filed a detailed counter-affidavit denying the allegations made in the writ petition. According to them, the complaint received by them is not as alleged in the petition. It is also submitted by learned counsel appearing for respondents 1 to 4 that the builder has encroached upon a 'thodu' and [WP(C) No.18261/07] 2 the Panchayat has issued notice. Whether the petitioners have encroached upon any river or 'thodu' vested in the Panchayat and any private road is constructed thereon, including any building, is a subject matter of adjudication pending before the Tribunal. As such, this Court will not enter a finding in a matter, which is pending before a statutory authority. It is submitted that there are two residential associations in the apartments and some disputes regarding the user of a pathway is also there. If there is any civil dispute regarding the enjoyment of a pathway, it is open to the parties to approach a civil court. However, neither party shall take law into their own hands and create a law and order situation. Therefore, the police shall see that there is no threat to the life of the petitioners or the residents of the apartments/Villas and necessary protection shall be afforded in this regard. Writ Petition is disposed of as above.

P.R.RAMAN, JUDGE.

K. HEMA, JUDGE.

Krs.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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