IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35691 of 2008(Y)
1. ASHA, D/O. KURIAKOSE, AGED 46,
... Petitioner
Vs
1. THE SECRETARY TO GOVERNMENT,
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE TAHSILDAR,
4. THE VILLAGE OFFICER,
For Petitioner :SRI.V.S.BABU GIREESAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :03/12/2008
O R D E R
V.GIRI, J
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W.P.(C).35691/2008
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Dated this the 3rd day of December, 2008
JUDGMENT
Petitioner claims to be the owner in absolute
possession and enjoyment of 33 cents of land
comprised in Sy.No.991, 992 of the Sasthamangalam
Village. According to the petitioner, she had instituted
a Suit as O.S.No.271/1999 before the IInd Additional
Munsiff Court, Thiruvananthapuram, apprehending
trespass by respondents and some others alleging
that portion of her property is a puramboke land. This
resulted in Ext.P1 judgment, whereby a decree of
permanent injunction was passed restraining
respondents and others from trespassing into the
petitioner’s property and evicting the petitioner
otherwise than by due process. Decree has become
final. Nevertheless, the petitioner had approached the
Civil Court in O.S.No.110/2008 before the 1st
Additional Munsiff Court, Thiruvananthapuram,
apprehending trespass by the Irrigation Department.
The said Suit is pending consideration. Present writ
W.P.(C).35691/2008
2
petition has been filed seeking a direction to the
respondents to ascertain and measure the puramboke
land, if any, in the possession of the petitioner, after
giving notice to her.
2. In my view, since the issue is covered by the
judgment of the Civil Court, it is upto the petitioner to
approach the Civil Court, if there is violation of the
same. Reserving the right of the petitioner to do so, writ
petition is closed.
V.GIRI,
Judge
mrcs