Judgment : 1. This writ petition has been filed seeking a writ of Mandamus to direct the respondents to forbear from laying any road or doing anything else in the petitioner's property of six-and-a-half acres in Old Survey No.3073, corresponding to Re-survey No.1509/3 of Kaliyal Village, Vilavancode Taluk, Kanyakumari District and from planting any electric post or other thing therein and drawing any electric line or other thing over the same. 2. Heard both sides and perused the materials available on record. 3. Brief facts of the case of the petitioner, are as follows: Kalimalai Amman Kovil, Pathukani, Kanyakumari District, is a very ancient Hindu temple and the petitioner Trust is maintaining the said temple. The fifth respondent filed a suit for declaration and injunction relating to the property in Old Survey No.3073 (Re-survey No.1509/3) of Kaliyal Village, Vilavancode Taluk, Kanyakumari District, before the Vacation Civil Judge of Kanyakumari at Nagercoil. The said suit was renumbered as O.S.No.287 of 1985 on the file of the learned II Additional District Munsif, Kuzhithurai and it was dismissed by judgment and decree dated 16.04.2001, against which appeal was also filed before the learned Subordinate Judge, Kuzhithurai, and the same was dismissed for default. Meanwhile, the fifth respondent is trying to lay a road and draw electric lines across the above said property. The petitioner also made a representation to the respondents on 08.04.2009, however, no action has been taken. Aggrieved by the same, the petitioner is before this Court. 4. The learned Counsel for the petitioner submitted that the petitioner Trust is owning the properties of more than 200 acres in Kaliyal village wherein the Kalimalai Amman Kovil is situated and the huge number of devotees are worshipping the said temple. He further submitted that in order to obstruct the development of the said temple, the fifth respondent with an ulterior motive, indulged in such activities prejudicial to the said temple and the petitioner Trust as well by disputing the title and possession of the petitioner in a civil suit in O.S.No.287 of 1985, however, the same was dismissed, aggrieved by which, the appeal filed in A.S.No.47 of 2001 was also dismissed for default. He also contended that the fifth respondent with the help of the respondents 1 to 4, is trying to lay a road therein and to draw electric lines across the property of the petitioner Trust and the petitioner is also allegingmala fides on the respondents. 5. Reiterating the averments made in the counter affidavit filed by the fifth respondent, the learned Counsel for the fifth respondent contended that the fifth respondent Church is situated at the top of Kondakattimalai @ Thekkan Kurusu Malai in the border of the State of Tamil Nadu and in the Holy pathway, out of 14 Holy Crosses', eight are situated in the State of Kerala and the remaining 'Holy Crosses' are in Tamil Nadu and in order to facilitate the pilgrims who visited both the Kalimalai Amman Temple as well as the fifth respondent Church, a project was sanctioned on the basis of the recommendation of the Member of Parliament, through the proceedings of the District Collector on 15.07.2008 to provide electric poles and street lights in the pathway. Since the objections were raised by the petitioner, an alternative scheme was sanctioned by the proceedings of the District Collector on 23.12.2008. He also submitted that the petitioner Trust is having nothing to do with the property in dispute, where the alleged project was proposed and the petitioner has moved this Court with a view to curtail the developments to be proposed by the respondents 1 to 4. 6. Heard the submissions made on either side and perused the materials available on record. 7. After due deliberations, the learned Counsel for the fifth respondent filed an affidavit dated 14.06.2014, wherein, in paragraph 7, it is stated as follows: "7. In this situation, this respondent undertakes and makes it clear that any road that is to be laid or any electricity pole that is to be erected or any other developmental work that is to be carried on will not be in any manner touching the said extent of 6 1/2 acres of land in Re Survey No.1509/3 corresponding to Old Survey No.3073 of Kaliyal Village, Vilavancode Taluk, Kanyakumari District (which was the subject of matter in O.S.No.287 of 1985). This, however will be subject of the outcome of the Appeal in A.S.No.47 of 2001 in the Court of the Principal Subordinate Court, Kuzhithurai, Kanyakumari District." The above undertaking given by the fifth respondent is placed on record. 8. Meanwhile, the learned Counsel for the petitioner pointed out that the subject matter in dispute was earlier dealt with by the District Collector, Kanyakumari District and by his proceedings dated --.02.2010, he dropped the proposed project. 9. Since the fifth respondent has made it in unequivocal terms that there is no attempt to encroach upon the survey numbers referred to, the prayer of the petitioner is met with. 10. Recording the undertaking given by the fifth respondent, this writ petition is ordered accordingly. It is made clear that there is no impediment for the purpose of development activities and it is also open to the official respondents to have their future proposal, if they so choose. Consequently, the connected miscellaneous petitions are closed. No costs.