In this writ petition, the relief sought for is as follows: i. To issue necessary directions to the Munsiff's Court, Perumbavoor to advance O.S.415/14 and Exhibit P14 & P15 petitions to a nearest possible date and pass appropriate orders in the petitions within a time limit as directed by this Hon'ble Court.
2. The grievance of the petitioner is that the respondents herein are constructing a building encroaching into a portion of the road in violation of the Building Rules and contrary to the directions issued by the authorities concerned. The petitioner moved O.S.No.415/14 before the Munsiff's Court, Perumbavoor and the said court passed an interim order which reads as follows:
“.....temporary injunction be awarded to restrain the defendants from removing soil from plaint B schedule without keeping a distance of 2 meters until further orders”.
3. The grievance of the petitioner is that without determining the road margin, the above order cannot carry any meaning. The petitioner relies on Exts.P2, P3 and P4 which show that there has been encroachment into public road and that fortifies his contention that the construction is after trespassing into the public road. The petitioner further points out that he has filed an application for issuance of a commission to fix the road margin or in other words, the width of the road that was in existence at the relevant time. He has also filed an application for injunction restraining the respondents from making any construction until the report and plan is filed by the Commissioner. The petitioner has filed an application for advancing the hearing of the case also.
4. Learned counsel appearing for the respondents pointed out that the petitioner has not made the Panchayath concerned as party to the proceedings and even though there are series of allegations, they have not taken any action in spite of trespass alleged to have been made by the respondents. It is again pointed out that the respondents are constructing the building strictly in terms of the plan issued to them by the Panchayath and they have not encroached into any portion of the public road as alleged in the plaint.
5. It is pointed out that the application filed by the petitioner for issuance of a commission to fix the road margin on either sides and the width of the road available is coming up for consideration on 07.11.2014.
6. In the light of the said fact, direction sought for to advance the hearing of the application for issuance of a commission is unnecessary. There is no reason to believe that the court below will not take up the matter on 07.11.2014, consider the same and pass orders on the commission application and also on the application for injunction retraining the respondents from making any construction until the report and plan is filed by the Commissioner.
7. The Court ordered status quo at the time of admission of the original petition. In the light of the fact that the petitioner has filed a commission application to fix the road margin and also the fact that the respondents have obtained permission from the Panchayath for making constructions, it is felt that it will not be proper for this Court to pass an interim order restraining the respondents from making any construction especially when a petition for that purpose is pending consideration.
While declining the prayer for advancement of hearing of the application for issuance of commission, the court below shall dispose of the application for issuance of commission and also the application for interim injunction as sought for by the petitioner in accordance with law and in the light of what has been stated above.
This Original Petition is disposed of as above.
Sd/-
P.BHAVADASAN JUDGE smp