IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20151 of 2009(L)
1. THE COMMONWEALTH TRUST (INDIA) LTD.,
... Petitioner
Vs
1. THE JANATHA DAL (S), REPRESENTED BY ITS
... Respondent
2. THE STATE GENERAL SECRETARY (YOUTH WING)
3. THE CIRCLE INSPECTOR OF POLICE,
4. THE ASST. COMMISSIONER OF POLICE
5. THE KOZHIKODE DISTRICT TRAVEL &
For Petitioner :SMT.P.VIJAYAMMA
For Respondent :SRI.SAJU.S.A
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :17/08/2009
O R D E R
KURIAN JOSEPH & C.T. RAVIKUMAR, JJ.
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W.P.(C)NO. 20151 OF 2009
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Dated this the 17th day of August, 2009
JUDGMENT
Kurian Joseph, J.
This Writ Petition is filed with the following prayers:
i. issue a writ of mandamus or any other
appropriate writ, order or direction directing
respondents 3 and 4 to afford police
protection to the petitioner, for marking the
boundary of the 45 cents of land for the
purpose of executing the sale deed in favour
of the fifth respondent by removing all
obstructions including obstructions caused by
respondents 1 and 2 and their supporters.
ii. declare that respondents 1 and 2 have no right
to obstruct the surveying and marking of the
boundary of 45 cents of land in Sy. Nos.
128/2Pt, 132/Pt in Block No.7 & 8 of Ward
No.7 of Nagaram Desom, Nagaram Village,
Kozhikode Taluk.
2. The first respondent has filed a counter affidavit. In paragraph 5
of the counter affidavit, it is stated thus:
“Respondents 1 and 2 have no objection in the
petitioner measuring and demarcating theirW.P.(C)NO.20151/2009 2
property. It can be done only with respect to
their title deeds. They cannot unilaterally take a
stand that the sub soil of the way forms part of
their property. The attempt of the petitioner is to
encroach upon the way exercising political
influence, which they have in abundance. On
the strength of an order of police protection
granted by this Hon’ble Court, they may not be
allowed to encroach upon property not
belonging to them.”
The parties have no objection in measuring and demarcating the 45 cents
of property on the basis of title deeds in the presence of the revenue
officials.
Therefore, the Writ Petition is disposed of, making it clear that
measurement and demarcation of the 45 cents of property referred to above
will be done by the Taluk Surveyor on the basis of the title deeds. The
third respondent will render necessary assistance for such measurement
and demarcation.
(KURIAN JOSEPH)
JUDGE
(C.T. RAVIKUMAR)
JUDGE
sp/
W.P.(C)NO.20151/2009 3
KURIAN JOSEPH
&
C.T. RAVIKUMAR, JJ.
W.P.(C)NO. 20151/2009
JUDGMENT
17th August, 2009
W.P.(C)NO.20151/2009 4