IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 36980 of 2009(N) ------------------------------------- PETITIONER(S): ------------------------ MUNEER, S/O.KUNHABDULLA, KALLUMMAL, VELOM, AMSAM DESOM, SANTHINAGAR P.O., VIA. KUTTIYADI, KOZHIKODE DISTRICT, PIN-673 508. BY ADV. MR.GEORGE THOMAS (MEVADA) RESPONDENT(S): ------------------------ 1. KRISHNAN KIDAVU, THIRUVANCHERRY EDATHIL, VELOM AMSAM DESOM, SANTHINAGAR P.O., VIA. KUTTIYADI, KOZHIKODE DISTRICT, PIN-673 508. 2. THE TAHSILDAR AND EXECUTIVE MAGISTRATE, VATAKARA, VATAKARA P.O. 3. THE VILLAGE OFFICER, VELOM VILLAGE, SANTHINAGAR P.O., VIA. KUTTIYADI, KOZHIKODE DISTRICT, PIN-673 508. 4. THE CIRCLE INSPECTOR OF POLICE, KUTTIYADI. 5. THE SUB INSPECTOR OF POLICE, KUTTIYADI. R1 BY ADVS MR.B.KRISHNAN, MR.R.PARTHASARATHY. R2 TO R5 BY GOVERNMENT PLEADER MR.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36980/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE NOTICE DTD. 15.12.2009. P2:- COPY OF THE SKETCH ISSUED BY 3RD RESPONDENT. P3:- COPY OF THE ORDER DTD. 15.12.2009. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36980 OF 2009 --------------------------------------- Dated this the 8rd day of February, 2010. J U D G M E N T The petitioner herein is aggrieved by Exhibit P3 order passed by the 2nd respondent-Tahsildar whereby the petitioner was directed to remove within four days the sand from the property in resurvey No.6/13 on the basis of the complaint filed by the 1st respondent. 2. Learned counsel appearing for the 1st respondent submitted that he has already filed a civil suit as O.S.No.19/2010 along with an application for temporary injunction before the Sub Court, Quilandy and therefore, he will resort to the remedies available before the civil court in the matter. In that view of the matter, Exhibit P3 is quashed. The 1st respondent will prosecute the civil suit and it will not stand in the way of the 1st respondent approaching the civil court for appropriate orders. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp