IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 34654 of 2009(B) ------------------------------------------------- PETITIONER(S): ---------------------- M.R.VIMALA, D/O.RAJAMMAL, FROM 'SARITHA', THIRUPURATHOOR DESOM, THIRUPURAM P.O., THIRUVANANTHAPURAM DISTRICT, NOW RESIDING AT AZHATHIVILAKAM HOUSE, THEMBAMUTTOM, BALARAMAPURAM P.O. BY ADV. SRI. G. SUDHEER (KARAKONAM) SMT.M.JAYASREE RESPONDENT(S): ------------------------- 1. CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA CIRCLE, NEYYATTINKARA TALUK. 2. SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION, NEYYATTINKARA TALUK. 3. PARAKUZHI SURENDRAN, S/O.SADASIVAN, 'ABHIRAMAM', THALAYAL, ATHIYANNOOR VILLAGE, PRESIDENT, BALARAMAPURAM PANCHAYATH, BALARAMAPURAM P.O., NEYYATTINKARA TALUK. 4. RENJITH, S/O.SAHADEVA PANICKER, THEMBAMUTTOM, BALARAMAPURAM P.O., NEYYATTINKARA. 5. JESUDAS, S/O.GABRIEL, PARAKKONAM, THEMBAMUTTOM, BALARAMAPURAM P.O., NEYYATTINKARA TALUK. 6. NALINI, D/O.PONNAMMA, NELLIVILA MYLAMOODU VADAKKKUMKARA VEEDU, ANTHIYOOR DESOM, KOTTUKAL VILLAGE, NEYYATTINKARA. W.P.(C).NO.34654 OD 2009 B 7. CHANDRIKA, D/O.SANTHA, MALANCHARIVU VEEDU, ERUTHAVOOR, BALARAMAPURAM P.O. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.C.J.JOY FOR R3 SRI.V.J.JAMES FOR R4, 6&7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.34654 OF 2009 B PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE JUDGMENT IN O.S.NO.897/2005 PASSED BY THE ADDITIONAL MUNSIFF COURT-II, NEYYATTINKARA DATED 30.7.2007. EXT.P2TRUE COPY OF ORDER DATED 29.6.2009 IN E.A.NO.861/08 IN E.P.75/2008 IN O.S. NO.897/2005 PASSED BY THE ADDITIONAL MUNSIFF COURT-II, NEYYATTINKARA. EXT.P3TRUE COPY OF THE WARRANT ISSUED BY THE ADDITIONAL MUNSIFF COURT-II, NEYYATTINKARA IN E.P.NO.75/2008 IN O.S. NO.897/2005 DATED 14.8.2009. EXT.P4TRUE COPY OF THE ORDERS IN E.A.NO.573/2009 IN E.P.NO.75/2008 IN O.S.NO.897/2005 ISSUED BY THE ADDITIONAL MUNSIEFF COURT-II, NEYYATTINKARA. EXT.P5TRUE COPY OF THE KAICHIT AND REPORT OF AMIN IN E.P.NO.75/2008 IN O.S.NO.897/2005 OF THE ADDITIONAL MUNSIFF COURT II, NEYYATTINKARA DATED 20.8.2009. EXT.P6TRUE COPY OF THE KAICHIT PREPARED BY AMIN AND SIGNED BY PETITIONER WHILE GIVING POSSESSION TO HER DATED 20.8.2009. EXT.P7TRUE COPY OF THE JUDGMENT DATED 24.9.2009 IN W.P.(C).NO.23486/2009 PASSED BY THIS HONOURABLE COURT. EXT.P8TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 6.11.2009. EXT.P9TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1AST RESPONDENT DATED 15.11.2009. EXT.P10 TRUE COPY OF THE JUDGMENT DATED 6.11.2003 IN O.P.NO.21586/2001 PASSED BY THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS: EXT.R3(A) TRUE COPY OF THE PHOTOCOPY OF THE RELEVANT PORTION OF THE “REGISTER OF REVENUE YIELDING PROPERTIES” OF PETITIONER PANCHAYAT CONTAINING THE ENTRY PERTAINING TO “KATTUKULAM” PROPERTY FOR THE PERIOD BETWEEN 1965-66 TO 1974-75. EXT.R3(B) TRUE COPY OF THE PHOTOCOPY OF CERTIFICATE DATED 27.1.1969 ISSUED BY THE T4AHSILDAR, NEYYATTINKARA CERTIFYING REMITTANCE OF “KUTHAKAPATTOM” DUES BY RATNASHIKAMANI NADAR IN RESPECT OF KATTUKULAM PROPERTY FOR THE PERIOD 1965-65 TO 1974. EXT.R3(C) PHOTOCOPY OF THE AGREEMENT DATED 07.2.1989 ENTERED INTO BETWEEN THE ICDS AND THE CONTRACTOR FOR CONSTRUCTING THE ANGANWADI BUILDING IN KATTUKULAM PROPERTY. EXT.R3(D) TRUE COPY OF THE PHOTOCOPY OF THE PUBLIC NOTICE DATED 31.1.1991 ISSUED BY THE PANCHAYAT ANNOUNCING THE INAUGURATION OF THE ANGANWADI. EXT.R3(E) PHOTOCOPY OF THE AUCTION NOTICE DTD. 9.7.2001 PUBLISHED BY THE PETITIONER PANCHAYAT FOR AUCTIONING THE USUFRUCT4S IN THE KATTUKULAM PROPERTY. EXT.R3(F) TRUE COPY OF THE LETTER DATED 24.4.2009 WRITTEN BY THE SECRETARY OF PETITIONER PANCHAYAT TO THE SUB INSPECTOR OF POLICE, NEYYATTINKARA, REQUESTING TO PROVIDE POLICE PROTECTION TO SAID MR. YESUDASAN. EXT.R3(G) TRUE COPY OF I.A. NO.1374/2008 IN A.S.NO.96/2008 FILED BY THE PETITIONER PANCHAYAT BEFORE SUB COURT, NEYYATTINKARA PRAYING TO STAY EXECUTION OF THE DECREE. EXT.R3(H) TRUE COPY OF E.A.NO.614 OF 2009 IN O.S.NO.897/2005 DATED 11.8.2009 FILED BY THE DEFENDANT PANCHAYAT BEFORE SUB COURT, NEYYATTINKARA. EXT.R3(I) TRUE COPY OF THE OBJECTION FILED BY THE PANCHAYAT TO EXT.P5 REPORT OF THE AMEEN. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 34654 OF 2009 B --------------------------------------------------- Dated this the 1st March, 2010 JUDGMENT K.M. Joseph, J. Briefly put, the case of the petitioner is as follows: Petitioner is the absolute owner of 64 ½ cents of property. It is stated that the petitioner was away from the property. The Balaramapuram Grama Panchayat trespassed into 3 cents of the petitioner's property and constructed a building as if it is puramboke land. Petitioner filed a suit as OS.No.897/2005 for declaration of title and recovery of the trespassed property. It is stated that the defendant Panchayat contended that the Panchayat is in possession of 90 cents and the Panchayat has constructed Anganwadi building within the puramboke land and that the defendant has not trespassed into plaint A schedule property. The Advocate Commissioner measured out the properties and found that the Anganwadi building constructed by the Panchayat is within the property of the petitioner, and not WPC.34654/2009 B 2 in the puramboke land. By Ext.P1 Judgment, the Suit was decreed. The Panchayat filed Appeal with inordinate delay. In the meantime, the petitioner filed E.P.No.75/2008. The ICDS Officer who is in charge of the Anganwadi filed a claim petition which was dismissed vide Ext.P2. The Execution Court ordered delivery of plaint B schedule property, including the Anganwadi building. Ext.P3 is the warrant. The defendant Panchayat prevented the Amin physically and the learned Munsiff ordered police protection (Ext.P4). Ext.P5 is the copy of the Kaichit and Report of the Amin and Ext.P6 is the Kaichit prepared by the Amin and signed by the petitioner while giving possession to the petitioner. The Panchayat filed a Writ Petition challenging Ext.P3. Thereafter, by Ext.P7 Judgment, the matter was closed. The third respondent is the President of the Panchayat. He is a member of the ruling CPM Party. Respondents 4 to 7 are stated to be followers of the CPM Party. It is stated that respondents 3 to 7 are taking law into their own hands. Exts.P8 and P9 are the petitions filed by the petitioner. It is also stated that earlier, the WPC.34654/2009 B 3 petitioner's mother had approached this Court, when Notification was issued calling for quotation for taking usufructs from the trees standing the property of the petitioner's mother. The Panchayat submitted that it has no claim over the said property. 2. We heard Shri G. Sudheer, learned counsel for the petitioner, Shri C.J. Joy, learned counsel representing respondents 3 to 7 and also the learned Government Pleader. Parties reiterate their contentions. A Counter Affidavit is filed. 3. Learned counsel for respondents 3 to 7 points out that the Panchayat is not made a party, but he would submit that respondents 3 to 7 are not obstructing the petitioner in the matter of enjoyment of the property covered by Ext.P1 Judgment. He would also submit that there is an Anganwadi functioning. 4. Learned Government Pleader also submits that there is an Anganwadi functioning. We notice that in Ext.P5 the amin has stated that the building in which the Anganwadi was functioning, was handed over to the petitioner. Whatever that be, learned counsel for respondents 3 to 7 does not claim any WPC.34654/2009 B 4 right to obstruct the petitioner in the matter of enjoyment of the property covered by Ext.P1. We record the submission and dispose of the Writ Petition directing that in case respondents 3 to 7 obstruct the petitioner in the matter of enjoyment of the property covered by Ext.P1, respondents 1 and 2 will provide adequate protection to the petitioner against respondents 3 to 7. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge