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 26TH JULY 2010 / 4TH SRAVANA 1932 WP(C).No. 22609 of 2010(A) ------------------------------------- PETITIONER(S): ---------------------- MR. JOSEPH @ OUSEPACHAN S/O. SCARIA, PANICKASSERI VEEDU, PANAVALLY.P.O. CHERTHALA. BY ADV. SRI.JOHNSON JOSEPH KANADAN SRI.S.KRISHNAN THAMPI SRI.THOMAS JOSEPH PALLIVATHUCKAL RESPONDENT(S): ---------------------- 1. C.I. OF POLICE, CHERTHALA POLICE STATION ALLAPPEY DISTRICT. 2. S.I. OF POLICE, POOCHAKAL POLICE STATION CHERTHALA. 3. SECRETARY PANAVALLY PANCHAYATH, CHERTHALA, ALEPPEY-688335. 4. SASI, S/O. THANKAPPAN, ARIYODI VEEDU, POOCHAKAL.P.O., CHERTHALA, ALLEPPEY-PIN-688331. 5. KUNJAN CHATHAN, POTTETHARA NIKERTHIL, POOCHAKAL.P.O., CHERTHALA, ALLEPPEY-PIN-688331. 6. BABU, S/O. CHATHAN, PEEDIKATHARA VEEDU, POOCHAKKAL P.O., CHERTHALA DIST.PIN-688331. 7. PANKAJAKSHAN, S/O. PAPPAN, VALAVAMKELICHIRAYIL, POOCHAKAL.P.O, CHERTHALA, ALLAPPEY.PIN-688331. 8. SADANANDAN, S/O. THANKAPPAN, ARIYODI VEEDU, POOCHAKAL.P.O., CHERTHALA, ALLAPPEY.PIN-688331. R1 & R2 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(C) No.22609 of 2010-A ---------------------------------------------- Dated, this the 26th day of July, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following relief: “to issue urgent notice to the respondents and to issue a writ of mandamus or direction to respondents 5 and 8 not to enter the premises of the petitioner and conduct any type of acts in the property.” 2. Briefly put, the case of the petitioner is as follows: Petitioner owns 27 cents of property in Sy. No.23/6 at Panavally Panchayat. In 1981 when petitioner's father was alive the party respondents forcefully entered into the property and put up a shed. Petitioner's father filed a suit as O.S.151/1981 and by Ext.P1 judgment the learned Munsiff declared the rights of the father of the petitioner and his previous possession against the defendant and mandatory injunction was given to remove the plaint item No.2 shed through Court. It is stated that respondents have removed the same. It is stated that, now, after lapse of many years respondents 4 to 8 and their henchmen trespassed into the property of the petitioner and frightened him and they are WPC 22609/2010 -2- now furrowing a pond in his property. Petitioner filed complaint. 3. We heard the learned counsel for the petitioner and also the learned Government Pleader who got instructions in the matter. The main case of the petitioner is based on Ext.P1 judgment. There was only one defendant in the suit and he is the 5th respondent in this writ petition. Respondents 4, 6, 7 and 8 are not parties to the suit. The complaints filed by the petitioner are of the year 2010. As already noticed most of the respondents are not parties to the suit. We would think that in the nature of the case it is more appropriate that the petitioner is relegated to pursue his remedies before the competent Civil Court. However, we make it clear that, if the petitioner complains of commission of any cognizable offence by respondents 4 to 8 before the 2nd respondent action shall be taken in accordance with law by the 2nd respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS