JUDGMENT

The petitioner asserts that he is being now harassed by the official respondents, by issuing notices and proceeded against under the provisions of the Highway Protection Act, in spite of the fact that he has approached the Munsiff's Court, Punalur, by filing O.S. No.69 of 2020, which is still pending.

2. Sri.Anchal C.Vijayan – learned counsel for the petitioner, points out that, as is evident from Exts.P9 and P10 judgments of this Court, his client was given liberty to approach the Munisff's Court; and that eventhough the matter is pending there, the Authorities have refused to even file their counter pleadings, but are still proceeding with coercive action, which has now ended in demolition of the boundary wall of his client. He, therefore, reiteratingly prayed that the prayers sought for in this writ petition be granted.

3. In response, the learned Senior Government Pleader – Sri.K.V. Manoj Kumar, submitted that the facts as pleaded in this writ petition are completely without basis and incorrect; and that Authorities are only acting as per law. He added that the Munsiff's Court, Punalur, has not issued any interim orders against the official Authorities and therefore, that they are entitled to proceed with further action, as per law. He concluded his submissions, saying that, it is in such circumstances, that Ext.P15 notice has been issued and therefore, that petitioner cannot seek any relief from this Court, particularly when the matter is in seizen of the Civil Court.

4. I have evaluated the afore submissions and have gone through the materials on record.

5. It is indubitable, as is also admitted by the petitioner, that he has already approached the Munsiff's Court, Punalur, by filing Ext.P11 Suit, which is numbered as O.S.No.69/2020. Obviously, therefore, it is incumbent upon him to try and obtain necessary orders from the said Court, which Sri.Anchal C.Vijayan says his client has been unable solely on account of the COVID-19 Pandemic scenario. However, since the COVID-19 situation has now eased to a substantial extent, I am of the view that petitioner must approach the Civil Court appropriately, rather than pursue this writ petition.

6. However, in order to enable him to do so without the threat of imminent coercive action, I deem it appropriate to grant him relief for some time, for such purpose.

7. Resultantly, confirming the interim order granted by this Court on 23/09/2021 for a period of two months from the date of receipt of a copy of this judgment, I leave liberty to the petitioner to move the Munsiff's Court, Punalur, with an appropriate application, which shall then be considered by the said Court within a period of one month from the date on which it is so filed.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB APPENDIX OF WP(C) 19772/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LAND TAX RECEIPT NO.KL

02060205089/2021 DATED 21.06.2021 ISSUED BY THE VILLAGE OFFICER, ANCHAL IN FAVOUR OF THE PETITIONER.

Exhibit P2 PHOTO SHOWING THE BUILDING WITH COMPOUND WALL IN THE YEAR 2019.

Exhibit P3 TRUE COPY OF DISCHARGE SUMMARY ISSUED FROM AMRITA INSTITUTE OF MEDICAL SCIENCE & RESEARCH CENTRE, KOCHI FOR THE PERIOD FROM

05.01.2013 TO 14.01.2013.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC NO.11387/2019 DATED 10.04.2019.

Exhibit P5 TRUE COPY OF THE LETTER DATED 09.07.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

Exhibit P6 TRUE COPY OF THE LETTER NO.A-456/2019 DATED 04.07.2019 ISSUED BY THE 5TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER DATED 22.07.2019 IN WPC NO.19897/2019.

Exhibit P8 TRUE COPY OF THE ORDER DATED 30.07.2019 IN WPC NO.19897/2019.

Exhibit P9 TRUE COPY OF THE ORDER DATED 21.08.2019 IN WPC NO.19897/2019.

Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 11.02.2020 IN WPC NO.19897/2019.

Exhibit P11 TRUE COPY OF THE PLAINT IN OS NO.69/2020 ON THE FILES OF MUNSIFF COURT, PUNALUR.

Exhibit P12 TRUE COPY OF THE NOTICE WITH POST COVER NO.NIL DATED 09.09.2021 REGISTERED BY THE 4TH RESPONDENT ON 16.0