Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 9TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943 RP NO. 265 OF 2022 AGAINST THE ORDER/JUDGMENT IN WP(C) NO.34720/2019 DATED 20.05.2020 ------ REVIEW PETITIONER/S: 1 SIMON C.O., S/O.CHITILAPPILLY OUSEPH, AGED 42 YEARS, H.NO.5/41 C, AVENISSERY PANCHAYATH, ANCHERY P.O., THRISSUR-680006. 2 JENSON P.JAMES, S/O.PALIAKKARA JAMES, AGED 32 YEARS, H.NO.5/41, AVENISSERY PANCHAYATH, AVENISSERY P.O., THRISSUR-680113. BY ADV G.KRISHNAKUMAR
RESPONDENT/S: 1 DAVIS, AGED 49 YEARS, S/O.ANTONY, MADAKASERY HOUSE, OLLUR P.O., THRISSUR-680026. 2 THE DEPUTY SUPERINTENDENT OF POLICE, THRISSUR -680003. 3 THE CIRCLE INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, THRISSUR-680007. 4 PRASAD, S/O.CHANDRAN, MARASSERY HOUSE, 5 MANOJ, S/O.VARGHESE, THATTIL HOUSE, 6 SURJITH, S/O.SASI, KATTIL HOUSE, BY SENIOR GOVERNMENT PLEADER, SRI.S.GOPINATHAN BY R3-R5, SRI.ADV.RAJIT BY ADV.V.M.KRISHNAKUMAR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.P.No.265/2022 2
ORDER
The review petitioners are the adjacent owners of the land owned by the writ petitioner. The first respondent herein is the writ petitioner. The review petitioners were not parties in the writ petition. They obtained a leave and filed this review petition. This Court granted police protection to the writ petitioner to carry out the lawful activities in his property. It is submitted by the review petitioners on account of illegal activities by the writ petitioner, the review petitioners could be in trouble. It is also submitted that due to the raising of the land of the writ petitioner, storm water is flowing into the adjacent road and to the review petitioners' land by gravitation. This Court had not referred to any right of the third parties. If the third parties have any right, they can enforce it in accordance with law. The judgment only permitted the writ petitioner to carry out legal activities in his property without R.P.No.265/2022 3 there being any obstruction. If there are any illegal activities or any other illegal obstruction caused to the third parties, the third parties can very well take action. If the review petitioners are affected by any illegal activities of the writ petitioner, they are free to take up the matter in the appropriate manner. The
judgment will not stand in the way.
The review petition is disposed of as above. Sd/- A.MUHAMED MUSTAQUE JUDGE ln R.P.No.265/2022 4 APPENDIX OF R.P.NO.265/2022 PETITIONER'S ANNEXURES:
ANNEXURE-1 TRUE COPY OF THE SALE DEED NO.1109/2017 ANNEXURE-II TRUE COPY OF THE SALE DEED NO.2072/2017 ANNEXURE-III TRUE COPY OF THE SALE DEED NO.1491/2018 ANNEXURE-IV TRUE COPY OF THE SALE DEED NO.724/2017 ANNEXURE-V TRUE COPY OF THE SALE DEED NO.725/2017 ANNEXURE-VI TRUE COPY OF THE REPRESENTATION DATED
29.05.2020 PREFERRED BY THE PETITIONERS AND ANOTHER NEIGHBOURHOOD OWNER TO THE DISTRICT COLLECTOR WITH PHOTOGRAPHS. ANNEXURE-VII PHOTOGRAPHS SHOWING THE PRESENT CONDITION OF THE ROAD IN FRONT OF THE PETITIONER'S PROPERTY. ANNEXURE-VIII TRUE COPY OF THE REPRESENTATION DATED 15.12.2021 PREFERRED BY THE FIRST PETITIONER TO THE DISTRICT COLLECTOR. ANNEXURE-IX TRUE COPY OF THE REPRESENTATION DATED 26.04.2021 TO THE RDO, THRISSUR.