IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 SA.No. 686 of 1997() ------------------- AS.33/1987 OF PRINCIPAL SUB COURT, THIRUVANANTHAPURAM OS.238/1982 OF ADDITIONAL MUNSIFF COURT, NEDUMANGAD .................. APPELLANT IN S.A. - (RESPONDENT / PLAINTIFF) : ------------------------------------------------------------------------- JANARDHANAN PILLAI GANGADHARAN PILLAI, AGED 63 YEARS, SON OF JANARDHANAN PILLAI, THADATHARIKATHU PUTHEN VEEDU, VELLANCHIRA, VETTAMPALLY MURI, PANAVOOR VILLAGE, NEDUMANGAD TALUK. BY ADVS. SRI. G.S. REGHUNATH SRI. M. RAMASWAMY RESPONDENTS IN S.A. - (APPELLANTS / DEFENDANTS ) : --------------------------------------------------------------------------------- 1. KERALA STATE, REPRESENTED BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 2. THE TAHSILDAR, NEDUMANGAD. 3. THE VILLAGE OFFICER, PANAVOOR VILLAGE, NEDUMANGAD TALUK. R1 TO R3 BY GOVERNMENT PLEADER SRI. JAYAKRISHNAN P. THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - S.A. No. 686 of 1997 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011. JUDGMENT Plaintiff is the appellant. He sued for injunction against the defendants, who were the State and its officers. Both the courts below have found that the plaintiff is in possession of the property. 2. While the trial court granted an order of injunction, the lower appellate court vacated the same. 3. Having found that the plaintiff is in possession of the property, injunction ought to have followed saving the right of the State to proceed in accordance with law to evict the plaintiff. In the result, this appeal is disposed of by modifying the judgment and decree of the lower appellate court and granting an injunction subject to the right of the State and its authorities to proceed in accordance with law to evict the appellant. There will be no order as to costs. P. BHAVADASAN, JUDGE sb.