T.MOHANKUMAR Vs. VIJAYAKUMAR

JUDGEMENT

(1.) THE Writ Petitions being connected, we dispose of the same by this common Judgment. W.P.(C).No.16828/12 is filed seeking the following relief:

(2.) W .P.(C).No.16828/12: The case of the petitioner, in brief, is as follows: First respondent who is none other than the brother of the petitioner, with his staff in his shop are creating trouble for the smooth functioning of the lodge of the petitioner by physically obstructing the ingress and egress of the customers to the lodge and also by preventing the customers of the petitioner by threatening them. Despite complaint, there is inaction. According to petitioner, there is a common pathway which starts from the southern main road and ends in plot No.1 which is allotted to him as per the partition between the petitioner and the first respondent. This is besides plot No.4. First respondent has been given equal right to use the pathway. The pathway ends at the lodge of the petitioner.

(3.) AS far as W.P.(C).No.16828/12 is concerned, the learned counsel for the first respondent would submit that the first respondent will not obstruct the petitioner or the members of the petitioner's staff and the customers going to the petitioner's lodge through the common pathway mentioned in the partition deed. We record the said submission. We also record the submission of the learned counsel for the petitioner that the petitioner will not block the staff and customers of the first respondent going to his shop, using the common pathway and dispose of the said Writ Petition.