IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 28505 of 2010(K) -------------------------- PETITIONER(S): --------------- A.V.MOHAMMEDUNNI HAJI, S/O.LATE HASSANKUTTY HAJI, AZHUVALAPPIL HOUSE, P.O.VENNIYUR, THIRURANGADI AMSOM, VENNIYUR DESOM BY ADV. SRI.P.SAMSUDIN RESPONDENT(S): --------------- 1. K.VIJAYAN @ VIJAYABHANU KAPRAT, S/O.DAMODARAN NAIR, KAPRAT HOUSE, THEYYALUNKAL P.O.,NANNAMBRA VIA, MALAPPURAM DISTRICT,PIN-678320 2. ADV.KRISHNAKUMAR KAPRAT, S/O.DAMODARAN NAIR, KAPRAT HOUSE, THEYYALUNKAL P.O.,NANNAMBRA VIA, MALAPPURAM DISTRICT, PIN-678320 3. THE CIRCEL INSPECTOR OF POLICE, THIRUVANGADI,PIN-676306 4. THE SUB INSPECTOR OF POLICE, THIRURANGADI,PIN-676306. 5. SIVADASAN, ADDITIONAL SUB INSPECTOR OF POLICE THIRURANGADI,PIN-676306 6. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM PIN-695001 ADV. SRI.C.M.MOHAMMED IQUABAL FOR R1 ADV.SRI.C.E.UNNIKRISHNAN FOR R2 GOVERNMENT PLEADER SRI.T.K.VIPINDAS FOR R3 TO R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.28505 of 2010 ---------------------------------------- Dated this the 22nd day of September 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following reliefs: i) issue a writ of mandamus or any other appropriate writ, order, or direction to the respondents 3 to 5 not to harass the petitioner at the instance of the respondents 1 and 2, by calling in to the police station and compelling to agree for the illegal demands made by the respondents 1 and 2. ii) issue a writ of mandamus or any other appropriate writ, order, or direction to the respondents 3 to 5 not to prevent the petitioner and workers from carrying on agricultural operations in the property owned by the petitioner. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is in possession of property covered by Exts.P1 to P7. Respondents 1 and 2 are land sharks having no right or interest in the property. They have not initiated any suit W.P.C.No.28505 of 2010 2 or civil proceedings claiming any right over the property and their attempt is to forcibly reduce the property to their possession atleast after the death of the petitioner and the wife who are aged and respondents 3 to 5 are acting under the influence of respondents 1 and 2. The petitioners were called to the police station. 4. We have heard the learned counsel for both parties. 5. The learned Government Pleader would submit that crime as Crime No.409/2010 has been registered at Thirurangadi police station against the respondents on the basis of the complaint filed by the petitioner, the Village Officer was asked to issue an ownership certificate in the course of the investigation and it is found that the petitioner has obtained patta in violation of the law as to the ceiling limit. The learned counsel for the petitioner would submit that the assignments date back to 1958. The learned Government Pleader would submit that there will be no harassment of the petitioner as such and there will be only an investigation of the crime which has already been registered. W.P.C.No.28505 of 2010 3 6. We record the same and dispose of the writ petition. As far as the question relate to property rights are concerned inter se between the parties, it is for the petitioner or for the respondents to approach the competent civil court/forum and if the matter comes before the civil court/form, the civil court/forum shall proceed to dispose of the matter untrammeled by anything contained in this judgment. We make it clear that we have not pronounced on the correctness of the pleadings made by the petitioner against the respondents. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.28505 of 2010 4 W.P.C.No.28505 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010