IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35691 of 2008(Y) -------------------------- PETITIONER(S): --------------- ASHA, D/O. KURIAKOSE, AGED 46, WORKING AS ASSISTANT PUBLIC PROSECUTOR, THRISSUR, RESIDING AT T.C. 26/873, ATHANI LANE, VANCHIYOOR VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.V.S.BABU GIREESAN RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. THE TAHSILDAR, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM. 4. THE VILLAGE OFFICER, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35691/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Petitioner claims to be the owner in absolute possession and enjoyment of 33 cents of land comprised in Sy.No.991, 992 of the Sasthamangalam Village. According to the petitioner, she had instituted a Suit as O.S.No.271/1999 before the IInd Additional Munsiff Court, Thiruvananthapuram, apprehending trespass by respondents and some others alleging that portion of her property is a puramboke land. This resulted in Ext.P1 judgment, whereby a decree of permanent injunction was passed restraining respondents and others from trespassing into the petitioner's property and evicting the petitioner otherwise than by due process. Decree has become final. Nevertheless, the petitioner had approached the Civil Court in O.S.No.110/2008 before the 1st Additional Munsiff Court, Thiruvananthapuram, apprehending trespass by the Irrigation Department. The said Suit is pending consideration. Present writ W.P.(C).35691/2008 2 petition has been filed seeking a direction to the respondents to ascertain and measure the puramboke land, if any, in the possession of the petitioner, after giving notice to her. 2. In my view, since the issue is covered by the judgment of the Civil Court, it is upto the petitioner to approach the Civil Court, if there is violation of the same. Reserving the right of the petitioner to do so, writ petition is closed. V.GIRI, Judge mrcs