IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 31498 of 2009(F) -------------------------- PETITIONER(S): --------------- 1. P.I. MUHAMMED JALAL, S/O.P.M. ISMAIL, PARACKAL HOUSE, KANJIRAPPALLY. 2. E.K. NAVAS, S/O.KOCHU MUHAMMED, ELAVUNGAL HOUSE, KADACKAL, KANJIRAPPALLY. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.K.ACHANKUNJU RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, KANJIRAPPALLY. 2. P.P. ABDUL SALAM, S/O. P.M. PAREETHU, PARACKL HOUSE, IST MILE, KANJIRAPPALLY. 3. RIYAS-BIN-KAREEM,S/O. P.M. KAREEM. PARACKAL HOUSE K.M.A., ROAD, KANJIRAPPALLY. 4. P.I. MOHAMMED SALIM, S/O. P.M. IBRAHIM, PARACKL HOUSE, VATTAKAPARA, KANJIRAPPALLY. 5. V.S. MOHAMMED KABEER, S/O. P.M. SAYED MOHAMMED, VAZHAPARAMBIL HOUSE, PARACKAL, KANJIRAPPALLY. ADV. SRI.V.S.AFSAL KHAN FOR R2-5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29982 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE PRELIMINARY DECREE DATED 28.5.2001 PASSED BY THE MUNSIFF COURT, KANJIRAPPALLY IN O.S.NO.367 OF 1999. EXT.P2: TRUE COPY OF THE AGREEMENT DATED 31.8.2009 EXECUTED BETWEEN THE PETITIONER AND THE K.E.BASHEER. EXT.P3: TRUE COPY OF THE AGREEMENT DATED 16.10.2009 EXECUTED BETWEEN THE PETITIONERS 1 AND 2. EXT.P4: TRUE COPY OF THE PETITION DATED 28.10.2009 SUBMITTED BY THE FIRST PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R5(A): A PHOSTAT COPY OF THE SETTLEMENT DEED. //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C).No.31498 of 2009 ---------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer: “To call for the records relating to Exts.P1 to P4 and to issue a writ of mandamus commanding the first respondent to give sufficient police protection to the life of the petitioners and the workers employed by them for carrying out slaughter tapping of the rubber trees, standing in the property in Block No.7 in Re-survey No.68/8 in Edakkunnam Village of Kanjirappally Taluk and also to direct the police to take criminal action against the respondents 2 to 5 who are illegally preventing the petitioners from carrying out slaughter tapping of the rubber trees and thereby causing waste.” 2. According to the petitioners, they are in possession of the property and hence they are entitled to enjoy the property. The possession is seriously disputed by the respondents. According to the respondents, the petitioners have been restrained by the Munsiff's Court while passing the preliminary decree from committing acts of waste. Final decree in the partition suit O.S.No.66/99 on the file of the Munsiff's Court, Kanjirappally has W.P.(C).No.31498 of 2009 :: 2 :: not yet been passed. In case the petitioners herein have any grievance with regard to their enjoyment of the property during the pendency of the final decree proceedings, it will be open to them to approach the Munsiff's Court itself and the said court will pass appropriate orders with regard to the enjoyment of the property. The petitioners apprehend that their application before the Munsiff's Court may not be entertained since they are not the plaintiffs before the court. We are afraid, the apprehension has no basis, since they are parties to the partition suit. If they have any grievance, it will certainly be open to them to seek appropriate reliefs from the Munsiff's Court. Without prejudice to such liberty, the writ petition is dismissed. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//