IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 20151 of 2009(L) PETITIONER: THE COMMONWEALTH TRUST (INDIA) LTD., SOUTH MANANCHIRA ROAD, KOZHIKODE 673 001. BY ADV. SMT.P.VIJAYAMMA SRI.V.KRISHNA MENON SRI.DEVIDAS.U.K RESPONDENTS: 1. THE JANATHA DAL (S), REPRESENTED BY ITS DISTRICT SECRETARY, "CONGRESS BHAVAN", TOWN HALL ROAD, KOZHIKODE 673 001. 2. THE STATE GENERAL SECRETARY (YOUTH WING) JANATHA DAL (S), "CONGRESS BHAVAN", TOWN HALL ROAD, KOZHIKODE-673 001. 3. THE CIRCLE INSPECTOR OF POLICE, KOZHIKODE TOWN CIRCLE, K.P.KESAVAMENON ROAD, KOZHIKODE. 4. THE ASST. COMMISSIONER OF POLICE (SOUTH), KOZHIKODE. 5. THE KOZHIKODE DISTRICT TRAVEL & TOURISM DEVELOPMENT SOCIETY AND CENTRE FOR PROFESSIONAL EDUCATION (KTDS) LTD.NO.2882, KOZHIKODE. ADV. SRI.SAJU.S.A FOR R1&2 GOVT.PLEADER SRI.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.20151 OF 2009 APPENDIX PETITIONERS EXHIBITS: Ext.P1: True copy of the order of this Hon'ble Court dated 19.6.2008 in W.P.C.No.5177 of 2005. Ext.P2: True copy of the order of this Hon'ble Court dated 4.2.2009 in W.P.C.No.5177 of 2005. Ext.P3: True copy of the letter dated 25.2.2009 of the petitioner. Ext.P4: True copy of the letter dated 2.3.2009 sent by the fifth respondent. Ext.P5: True copy of the order of this Hon'ble Court in I.A.No.4789 of 2009 in W.P.C.No.5177 of 2005. Ext.P6: True copy of the request made by the petitioner to the third respondent. Ext.P7: True copy of the report that appeared in the Mathrubhumi daily dated 3.5.2009. RESPONDENTS'S EXHIBITS: Ext.R1(a): True copy of Sketch showing the lie of the properties dated nil. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C)NO. 20151 OF 2009 --------------------------------------------- Dated this the 17th day of August, 2009 JUDGMENT Kurian Joseph, J. This Writ Petition is filed with the following prayers: i. issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 3 and 4 to afford police protection to the petitioner, for marking the boundary of the 45 cents of land for the purpose of executing the sale deed in favour of the fifth respondent by removing all obstructions including obstructions caused by respondents 1 and 2 and their supporters. ii. declare that respondents 1 and 2 have no right to obstruct the surveying and marking of the boundary of 45 cents of land in Sy. Nos. 128/2Pt, 132/Pt in Block No.7 & 8 of Ward No.7 of Nagaram Desom, Nagaram Village, Kozhikode Taluk. 2. The first respondent has filed a counter affidavit. In paragraph 5 of the counter affidavit, it is stated thus: “Respondents 1 and 2 have no objection in the petitioner measuring and demarcating their W.P.(C)NO.20151/2009 2 property. It can be done only with respect to their title deeds. They cannot unilaterally take a stand that the sub soil of the way forms part of their property. The attempt of the petitioner is to encroach upon the way exercising political influence, which they have in abundance. On the strength of an order of police protection granted by this Hon'ble Court, they may not be allowed to encroach upon property not belonging to them.” The parties have no objection in measuring and demarcating the 45 cents of property on the basis of title deeds in the presence of the revenue officials. Therefore, the Writ Petition is disposed of, making it clear that measurement and demarcation of the 45 cents of property referred to above will be done by the Taluk Surveyor on the basis of the title deeds. The third respondent will render necessary assistance for such measurement and demarcation. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.20151/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO. 20151/2009 JUDGMENT 17th August, 2009 W.P.(C)NO.20151/2009 4