High Court Kerala High Court

Asha vs The Secretary To Government on 3 December, 2008

Kerala High Court
Asha vs The Secretary To Government on 3 December, 2008
       

  

  

 
 
  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
                     -------------------
                 W.P.(C).35691/2008
                     --------------------
       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