IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 25799 of 2010(Y) -------------------------- PETITIONER(S): --------------- VIJAYAN, S/O.RAGHAVAN, POOTHAKUZHY VEEDU, KOTTATHALA MURI, NEDUVATHOOR VILLAGE, KOTTARAKARA TALUK. BY ADV. SRI.ALEXANDER GEORGE SRI.P.R.PRATEESH RESPONDENT(S): --------------- 1. CIRCLE INSPECTOR OF POLICE, KOTTARAKARA, KOLLAM DISTRICT.691 001 2. SUB INSPECTOR OF POLICE, KOTTARAKARA, KOLLAM DISTRICT.691001 3. KOCHIKKA, D/O.KUNJALI, POOTHAKUZHY VEEDU, KOTTATHALA MURI, NEDUVATHOOR VILLAGE, KOTTARAKARA.691506 4. RAJAN, S/O.KOCHIKKA, POOTHAKUZHY VEEDU, KOTTATHALA MURI, NEDUVATHOOR VILLAGE, KOTTARAKARA.691506 5. SADANANDAN, S/O.KOCHIKKA, POOTHAKUZHY VEEDU, KOTTATHALA MURI, NEDUVATHOOR VILLAGE, KOTTARAKARA.691506 6. SUKUMARAN, S/O.KOCHIKKA, POOTHAKUZHY VEEDU, KOTTATHALA MURI, NEDUVATHOOR VILLAGE, KOTTARAKARA.691506 7. SARASAMMA, S/O.KOCHIKKA, POOTHAKUZHY VEEDU, KOTTATHALA MURI, NEDUVATHOOR VILLAGE, KOTTARAKARA.691506 8. MOHANAN, S/O.KOCHIKKA, POOTHAKUZHY VEEDU, KOTTATHALA MURI, NEDUVATHOOR VILLAGE, KOTTARAKARA.691506 9. RAJAMMA, D/O.KOCHIKKA, POOTHAKUZHY VEEDU, KOTTATHALA MURI, NEDUVATHOOR VILLAGE, KOTTARAKARA.691506 ADV. SRI.AJITH KRISHNAN FOR R4,5,7-9 BY GOVT.PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.25799/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN O.P. NO.16470/96 DATED 7/11/1996. EXT.P2: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT ON 7/6/2010. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------ W.P.(C).No. 25799 OF 2010 ------------------------ Dated this the 6th day of September, 2011 JUDGMENT Pius C.Kuriakose, J. In this writ petition under Article 226, the petitioner seeks police protection for cutting and removal of the trees which are standing on the property, which according to the petitioner belongs to him absolutely. 2. The learned counsel for the party respondents sought for time. It was submitted by Sri.Alexander George learned counsel for the petitioner that at the moment there is no civil dispute pending between the parties in respect of the property before any court of law. We notice Ext.P1 judgment under which police protection was granted to the petitioner for entering into the property. But, this court specifically ordered that the petitioner will not cut and remove the trees standing on the property. Such a direction was issued in view of the pendency of the civil suit between the parties. Mr.Alexander George requests that since no civil suit is nowpending, the above direction may be deleted and the petitioner be granted police protection for cutting and removal of the trees. WPC NO.25799/2010 .2. 3. The learned counsel for the party respondents is not in a position to refute the claim of Sri.Alexander George that at the moment there is no civil proceedings are pending between the petitioner and the party respondents in any court in respect of the property. 4. Under the above circumstances, we dispose of this writ petition, issuing the following directions; The 2nd respondent - Sub Inspector of Police, Kottarakara will afford necessary protection to the petitioner for cutting and removing 8 angili trees and two jack fruits trees and other fire wood trees standing upon the property having an extent of 34 cents situated in Sy. Nos. 516/1-25 and 516/1-70 in Neduvathoor Village at Kottarakara Taluk after a period of one month from today on condition that a civil court or any other authority has not passed any order restraining the petitioner from cutting and removing those trees. PIUS C.KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE. dpk