IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 1278 of 2009(B) ------------------------- PETITIONER(S): ------------------------- ASOKAN VASU, AGED 56 YEARS, S/O.VASU, "PRATHIBHAS", NAVAIKULAM VILLAGE, TRIVANDRUM DISTRICT. BY ADV. SRI.T.M.ABDUL LATHEEF SRI.MUHAMMED RASHID RESPONDENT(S): ---------------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM (RURAL), THIRUVANANTHAPURAM - 695 001. 2. SUB INSPECTOR OF POLICE, KALLAMBALAM, THIRUVANANTHAPURAM - 695 605. 3. RAJEEV, C.P.I. PANCHAYATH MEMBER, NAVAIKULAM GRAMA PANCHAYATH, NAVAIKULAM - 695 603. 4. VENJARAMOODU SASI, ASSISTANT TRIVANDRUM DISTRICT C.P.I.SECRETARY, VENJARAMOODU THIRUVANANTHAPURAM. 5. ELAKAMON SATHEESAN, B.J.P. AREA SECRETARY, VARKALA. WP(C).No. 1278 of 2009 :: 2 :: 6. S.HARIHARAN PILLAI, VILAYIL VEEDU, NAVAIKULAM P.O., THIRUVANANTHAPURAM - 695 603. 7. G.JANARDHANAN NAIR, "SHRADHA", NAVAIKULAM P.O., THIRUVANANTHAPURAM - 695 603. 8. SREEKUMAR @ THAMPI, KOCHU KANNAMMPALLI VEEDU, NAVAIKULAM P.O., THIRUVANANTHAPURAM - 695 603. R1 & R2 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL R3 & R4 BY SRI.P.RAVEENDRAN PILLAI & SMT.INDIRA RAVEENDRAN R6 TO R8 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(c).NO.1278 of 2009 ------------------------- Dated this the 23rd day of January, 2009. JUDGMENT Koshy, Ag.C.J. It is submitted by counsel for respondents 6 to 8 as well as respondents 3 and 4 that they are not causing any problems. The allegations are denied. It is also submitted that a portion of the puramboke land was encroached upon by the petitioner and Ext.R6(a) mahazar has been produced by respondents 6 to 8 along with the counter affidavit. 2. It is submitted by the learned counsel for the petitioner that another writ petition has been filed regarding that portion. In the circumstances, before getting the question of encroachment decided, the petitioner will not make any further construction in the disputed portion. The W.P.(c).NO.1278/09 :: 2 :: petitioner has to approach the appropriate court or local authority to resolve the dispute of encroachment. Protection should be given to the petitioner and his wife and children as well as the workers and sufficient and effective protection should be given to the petitioner to run the hotel. Writ petition is disposed of as above. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge