IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 WP(C).No. 35518 of 2010(L) -------------------------- PETITIONER(S): --------------- 1. M/S.KNIT FORTUNE P.LTD SOUPARNIKA, GANDHINAGAR PO, KOTTAYAM REPRESENTED THROUGH ITS MANAGING DIRECTOR ARJUN BOSS. 2. AELIKKUTTY DOMINIC W/O.DOMINIC MATHEW, MUTTATH HOUSE, MANNANAM PO KOTTAYAM. BY ADV. SRI.A.KRISHNAN RESPONDENT(S): --------------- 1. THE KOTTAYAM MUNICIPALITY REPRESENTED BY ITS SECRETARY, 686 021. 2. SHIBU, THOTTINCHIRA, WD.NO.44,KODIMATHA 686 021, KOTTAYAM. 3. VIJAYAN, MANIPPUZHA CHIRA VEEDU WD.NO.44 KODIMATHA, KOTTAYAM 686 021. 4. SOMAN,THOTTINKARA NEAR KIUTTIKKAD DEVI TEMPLE, KODIMATHA 686 021. 5. SREENIVASAN,THURUTHUMMEL,MOOLAVATTAM PO KOTTAYAM 686 026. 6. NARAYANAN, KUNNATHOOR VEEDU MOOLAVATTAM PO KOTTAYAM 686 026. BY SRI.SIBY MATHEW, SC FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.35518 of 2010 ------------------------------- Dated this the 29th day of November, 2010 J U D G M E N T The first petitioner is a Company registered under the Companies Act. It owns landed properties within the local limits of Nattakam Grama Panchayat which is presently part of Kottayam Municipality. The second petitioner owns the adjacent lands. This writ petition is filed contending that respondents 2 to 6 have trespassed into the lands belonging to the petitioners and laid a road alleging that the lands which belong to the petitioners are Poramboke lands. In this writ petition, the petitioners seek the following reliefs:- “1. through issuing a writ of mandamus or any other appropriate writ, order or direction command the 1st respondent to direct respondents 2 to 6 or any body claiming under them from opening path way through the properties of the petitioners 1 and 2 comprised in Re.Sy.No.339/15/3; 339/1/31; 339/4 in Block No.18 of Nattakam Village, Kottayam District, AND 115.84 cents of property comprised in Re.Sy.No.338/3/4; 338/3/5; 339/4 Nattakkam Village, Kottayam District respectively, without resorting to acquisition proceedings thereby issuing notice to the petitioners and affording the petitioners a chance of being heard in the matter. 2. such other appropriate writ, order or direction as this Hon'ble court may deem fit and proper to grant as to the nature of the case.” W.P.(C) No.35518 of 2010 2 2. It is evident from the pleadings and the materials on record that this writ petition is filed aggrieved by an act of trespass committed by respondents 2 to 6 who are private persons. In such circumstances, I am of the opinion that the remedy of the petitioners, if they are aggrieved by the same, even assuming that it be at the behest of the Kottayam Municipality, is to move the civil court seeking redressal of their grievances. The writ petition is in my opinion misconceived. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioners to move the competent civil court seeking redressal of their grievances. P.N. RAVINDRAN, JUDGE. nj.