IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 35369 of 2008(I) -------------------------- PETITIONER(S): --------------- ABDUL SAMMAD MOHAMMED, KUTTUVAN HOUSE, THEKKUMBAD, MUTTAL - KANNUR DISTRICT. BY ADV. SMT.A.P.LALY @ LALY VINCENT RESPONDENT(S): --------------- 1. M/S.HINDUSTAN PETROLEUM CORPORATION LTD., P.B.NO.1601, TATAPURAM, ERNAKULAM, REPRESENTED BY THE REGIONAL MANAGER. 2. UNION OF INDIA, REPRESENTED BY THE SECRETARY, PETROLEUM AND NATURAL GAS DEPARTMENT, NEW DELHI ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).35369/2008 -------------------- Dated this the 1st day of December, 2008 JUDGMENT Petitioner claims to be the owner in possession of a land having an extent of 18.750 cents. It is submitted that a Petrol Pump was being conducted in the said property even before the petitioner purchased the same. According to the petitioner, now it is being conducted by a person who has no authority to do so. 2. I heard learned counsel for the petitioner and learned counsel for the first respondent. 3. In my view, remedy of the petitioner lies before the Civil Court. Petitioner is entitled to seek recovery of possession, if there is unauthorized occupation. Petitioner has an equally efficacious remedy by way of a decree for mandatory injunction, if there is unauthorized occupation. Without prejudice to the right of the petitioner to move the Civil Court for appropriate reliefs, writ petition is closed. V.GIRI, Judge mrcs