IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 9982 of 2009(P) ------------------------- PETITIONER(S): --------------- ABDUL RASHEED, S/O. MANJAPPALLY MOOSSAN, AGED 30 YEARS, VETTIKATTIRI, VELLUVANGAD.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER SMT.P.JAYALAKSHMI RESPONDENT(S): --------------- 1. THE DEPUTY SUPERINTENDNET OF POLICE, PERINTHALMANNA. 2. THE SUB INSPECTOR OF POLICE, PANDIKKAD POLICE STATION, PANDIKKAD, MALAPPURAM DISTRICT. 3. ABDUL MAJEED, S/O. ABDULLAKKUTTY, KONDANGODAN HOUSE, VETTIKKATTIRI AMSOM, PANDIKKAD, MALAPPURAM DISTRICT. 4. ABDUL SALAM, S/O. VEERAN, CHERUKATT, ELAMKUR, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN FOR R3,4 BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.9982 of 2009 EXT.P1 TRUE COPY OF AGREEMENT ENTERED INTO BETWEEN THE PETITIONER AND OTHERS ANDE RESPONDENTS 3 AND 4 DURING NOVEMBER 2008. EXT.P2 TRUE COPY OF PETITION DATED 16.3.2009 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF RECEIPT NO.377645 DATED 16.3.2009 ISSUED BY THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF PETITION DATED 22.3.2009 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF CAVEAT DATED 11.3.2009 FILED BY RESPONDENTS 3 AND 4 BEFORE THE MUNSIFF'S COURT, MANJERI. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.9982 of 2009 ------------------------------- Dated this the 7th April, 2009 J U D G M E N T Raman, J. Obviously the dispute between the petitioner and respondents 3 and 4 is a civil dispute. While respondents 3 and 4 would say that they are cutting and removing trees from their own properties, the petitioner would state that the tress are standing in his own property. This cannot be resolved by this Court or by the police, and this has to be resolved by the Civil Court. Even though it is alleged that second respondent is giving aid to respondents 3 and 4 to remove the trees cut, no materials are placed before us to support the said contention. Therefore, we direct that the status quo as on today will be maintained for a period of two weeks, within which time, it is open to the petitioner to approach the Civil Court, whereupon, W.P.(C) No.9982 of 2009 2 the parties will be bound by orders that will be passed by the Civil Court and the police will enforce the same. The writ petition is disposed of with the above observations. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.