High Court Kerala High Court

Badarudeen vs Mansoorudeen on 21 December, 2009

Kerala High Court
Badarudeen vs Mansoorudeen on 21 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33587 of 2009(P)


1. BADARUDEEN, PUTHUVILA VEEDU
                      ...  Petitioner

                        Vs



1. MANSOORUDEEN
                       ...       Respondent

2. S.I.OF POLICE, KADAKAL.

                For Petitioner  :SRI.R.KRISHNA RAJ

                For Respondent  :SRI.ALEXANDER GEORGE

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :21/12/2009

 O R D E R
           KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
              -----------------------------------------
                   W.P.(C).No.33587 of 2009
              -----------------------------------------
         Dated this the 21st day of December, 2009


                            JUDGMENT

Kurian Joseph,J.

The petitioner approached this court seeking police

protection. Dispute is admittedly only with respect to 7 cents of

land in Sy.No.154/6 of Nilamel Village. According to the first

respondent unless that dispute is settled, petitioner cannot be

permitted to enjoy the rest of the property. We do not find any

justice in the stand taken by first respondent. The dispute with

regard to 7 cents is the subject matter of A.S.No.4/2009 pending

before the Sub Court, Kottarakkara. The first respondent who is

present before us submitted he has no objection in the petitioner

enjoying the fruits of the property by keeping proper accounts in

respect of the mesne profits. Both sides submitted that the

extent of 7 cents of land is to be demarcated on the basis of

Ext.P2 report of Tahsildar and the settlement deed. Accordingly

the writ petition is disposed as follows:-

W.P.(C).No.33587 of 2009

2

The Village Officer, Nilamel shall demarcate the 7 cents of

property on the basis of Ext.P2 order and settlement deed within

a week from the receipt of judgment. The necessary expenses

shall be borne by the petitioner. The Petitioner is free to enjoy

fruits of the balance property absolutely. The first respondent is

entitled to take mesne profit of the 7 cents by keeping proper

accounts. Rest of the issues will be decided on the outcome of

A.S.No.4/2009. In the unlikely event of any objection with regard

to the above arrangement, petitioner shall be given necessary

police protection.

(KURIAN JOSEPH, JUDGE)

(C.T.RAVIKUMAR, JUDGE)
ssn