K BHARATHAN Vs. DISTRICT POLICE CHIEF KOTTAYAM DISTRICT

JUDGEMENT

(1.) PETITIONER has approached this Court seeking the following relief:

(2.) BRIEFLY put, the case of the petitioner is as follows: Petitioner is a doctor by profession and the absolute owner in occupation of about 3 acres of land. The property was purchased to open a new hospital and nursing college. The 4th respondent is a neighbor on the eastern side of the property having common boundary over a short length. Petitioner purchased the property with well defined boundary marks on all sides and took possession on measurement and demarcating the property. Accordingly foundation for the compound wall was constructed on purchase of the property without any objection from any corner including the 4th respondent. The petitioner is constructing the compound wall on the common boundary with that of the 4th respondent. The work is almost complete. But, as an afterthought the 4th respondent and his men and agents are obstructing the construction of the compound wall with illegal demand to cut open a pathway through the property towards the southern end. There was no path way. The ulterior motive of the 4th respondent is to open a new pathway through the the property. Petitioner filed civil suit and what is more he obtained Ext.P2 order of injunction. There is also reference to Ext.P6 report of the Advocate Commissioner.

(3.) WITH the above observations the Writ Petition (Civil) is disposed of relegating the petitioner to approach the civil Court for getting appropriate order.