IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 13574 of 2011(V) ---------------------------------- PETITIONER(S): ------------------- P.SASIDHARAN, AGED 51 YEARS, S/O.PARAMU, RESIDING AT SRI.PARVATHY, ALANCHERRY, YEROOR P.O., KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------------- 1. THE VILLAGE OFFICER, YEROOR VILLAGE, KOLLAM, PIN 691001. 2. THE YEROOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PIN 691001. 3. THE CIRCLE INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM, PIN 691001. 4. SUDHERSAN, SURYAMANGALATH HOUSE, YEROOR PANCHAYATH, NEDIYARA P.O., KOLLAM, PIN 691001. 5. THE TALUK OFFICER, PUNALUR, KOLLAM, PIN 691001. R1, R3, R5 BY GOVT. PLEADER SMT.M.R. RAJASHREE R2 BY ADVS. SRI.R.ARUN RAJ SRI.R.KRISHNAKUMAR (CHERTHALA) R4 BY ADVS. SRI.SATHISH NINAN SRI.SANTHOSH MATHEW SRI.JENNIS STEPHEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 13574/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE SALE DEED DATED 16/07/2009 ENTERED INTO BY THE 4TH RESPONDENT AND THE PETITIONER. P2: COPY OF THE COMMUNICATION DATED 31/08/2010 OF THE 1ST RESPONDENT. P3: COPY OF THE COMMUNICATION DATED 27/09/2011 OF THE TALUK SURVEYER, PATHANAPURAM TALUK. P4: COPY OF THE COMPLAINT SUBMITTED THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17/04/2011. P5: COPY OF THE COMPLAINT SUBMITTED THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 19/04/2011. RESPONDENT'S EXHIBITS: R4(a):COPY OF THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE PETITIONER SHOWING ACCEPTANCE OF RS. 4 LAKHS. R4(b):COPY OF THE UNDERTAKING GIVEN BY THE PETITIONER TO HIS HANDWRITING. R4(c):COPY OF THE SALE DEED DATED 29/11/2006 BEARING NO.3592 IN THE NAME OF THIS RESPONDENT'S WIFE, SHERLY. R4(d):COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, YEROOR DATED 26/04/2011 INFAVOUR OF THIS RESPONDENT'S WIFE, SHERLY. R4(e):COPY OF NO OBJECTION CERTIFICATE ISSUED BY THE SECRETARY, YEROOR GRAMA PANCHAYAT IN THE NAME OF THIS RESPONDENT'S WIFE, SHERLY. R4(f):SHOWING THE PRESENT STAGE OF THERESIDENTIAL BUILDING CONSTRUCTED IN THE PROPERTY OF THIS RESPONDENT'S WIFE, SHERLY. /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 13574 OF 2011 ----------------------------------------------------- Dated this the 1st day of August , 2011 J U D G M E N T In substance, the case of the petitioner is that the 4th respondent has trespassed into his property and is constructing a house. It is his case that complaining of the above, he made representations to the authorities and that there is inaction on their part. It is in these circumstances this writ petition has been filed. 2. The 4th respondent has filed a counter affidavit and he has confirmed the construction of the house. However, the allegation of trespass raised against him has been specifically denied. It is also stated by the 4th respondent that the petitioner has already filed a civil suit as O.S.200/11 before the Civil Court and an interim order of injunction has been obtained. W.P.(C) No. 13574 OF 2011 :2 : 3. Admittedly, the allegation is one of trespass into the petitioner's property which has been denied by the 4th respondent. It is a disputed question of fact which is incapable of resolution in a proceedings under Article 226 of the Constitution of India. Therefore the remedy of the petitioner lies only before the Civil Court and the petitioner has already filed a civil suit before the Civil Court and it is for the petitioner to prosecute the case and get his reliefs from the civil Court itself. 4. It is stated by the petitioner that he has applied before respondents 1, 2 and 5 for measurement and demarcation of the property. If any such application has been made, it is open to the petitioner to pursue the matter before the aforesaid respondents. The writ petition is disposed of accordingly. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge