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