SARASWATHY AMMA Vs. GOPAKUMAR C

JUDGEMENT

(1.) THE petitioner has approached this Court seeking the following reliefs:

(2.) BRIEFLY the case of the petitioner is as follows. She is the absolute owner in possession of the plaint schedule property. An ex parte decree was obtained by the petitioner in O.S.No. 84 of 1995. There is dispute regarding the southern boundary of the property, where there is a pathway. An attempt was made by the respondents to trespass into the property of the petitioner. The petitioner filed a private complaint before the Magistrate Court as C.C. 74 of 1999. Ext.P2 is the copy of the judgment in that case. Petitioner filed Ext.P3 plan before the Chadayamangalam Grama Panchayat and obtained Ext.P4 permit for construction of the compound wall. She started construction of the compound wall. But respondent 1 to 4 obstructed the same. Petitioner filed O.S. 226 of 2010 before the Munsiff Court, Kottarakkara. Ext.P6 is the commissioner's report. Ext.P7 is the interim order passed restraining respondents 1 to 4 from obstructing the construction of the compound wall. It is stated that respondents 2 and 3 are agents of respondents 1 and 4. Against the first respondent Ext.P1 decree is passed. Petitioner filed Ext.P8 representation, for which Ext.P9 receipt was obtained.

(3.) WITHOUT prejudice to the rights of the petitioner to approach the Civil court, this Writ Petition is disposed of. We further direct that in case the petitioner has complained or complains of commission of any cognizable offence by respondents 1 to 4 before the 5th respondent, the 5th respondent shall take action in accordance with law.