IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 35188 of 2010(W) --------------------------------------- PETITIONERS: --------------------- 1. KOLLIYIL DEVASSIYA, AGED 73 YEARS, SON OF ULAHANAN, RESIDING AT KOLIYIL KARIMBU, P.O. KAKKADAMPOYIL, KOODARANJI, KOZHIKODE DISTRICT. 2. K.K. ABDULLAKUTTY, AGED 51 YEARS, SON OF KOLAKKADON AHAMMEDKUTTY, RESIDING AT KOTTAPURAM HOUSE, P.O. URANGATTIRI, MALAPPURAM DISTRICT. BY ADVS. SRI.JOHN JOSEPH VETTIKAD, SRI.C.JOSEPH JOHNY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, FOREST DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -695 001. 2. THE DISTRICT COLLECTOR, COLLECTORATE, MALAPPURAM – 676 505. 3. THE ASSISTANT DIRECTOR, FOREST MINI SURVEY, MATHOTTAM, BEYPORE.P.O., KOZHIKODE – 673 001. 4. THE DIVISIONAL FOREST OFFICE (NORTH DIVISION), NILAMBOOR, P.O.NILAMBOOR – 679 330. 5. THE SPECIAL DEPUTY TAHSILDAR, TALUK LAND BOARD, ERNAD, MALAPURAM – 676 505. R1 TO R5 BY SPL. GOVT. PLEADER SRI. BENNY VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 35188 of 2010 W ``````````````````````````````````````````````````````` Dated this the 24th day of November, 2010 J U D G M E N T Petitioners claim to be agriculturists having property situated on the boundary of Vettilappara village. According to the petitioners, on one side of their property, is reserved forest. Case of the petitioners is that although the boundary between their property and the reserved forest is well demarcated, in January, 2010, the forest officials planted boundary stones and that on that basis, they obstruct the agricultural activities which the petitioners were carrying on in their land. 2. They say that they have made representations to the District Collector and also to the forest officials but, there has not been any progress in the matter. It is in these circumstances, the writ petition has been filed, seeking a direction to the respondents not to obstruct the petitioners’ peaceful possession, cultivation and enjoyment of their W.P.(C) No.35188/2010 : 2 : property comprised in R.S.No.2 and 3 of Vettilappara village. 3. The learned Government Pleader denies the allegations in the writ petition. According to the learned Government Pleader, the property in possession of the Forest Department was the subject matter of O.A.No.117/1990 of the Forest Tribunal, Palakkad and that they have not tresspassed into the petitioners' land. 4. Although these contentions are again disputed by the learned counsel for the petitioners who also pointed out that the property which was the subject matter of the proceedings of the Forest Tribunal is only a portion of the property held by them in their possession now, in my view, essentially, the facts pleaded by the petitioners disclose a civil dispute in relation to the boundary of the property of the petitioners. Such a dispute cannot be the subject matter of a writ petition for the reason that it involves several disputed questions of fact and requires appreciation of evidence. Therefore, the remedy available to the petitioners is to get the W.P.(C) No.35188/2010 : 3 : dispute resolved in a regular civil suit. Writ petition will stand dismissed without prejudice to the right of the petitioners to move the civil court. (ANTONY DOMINIC, JUDGE) aks