IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD OCTOBER 2007 / 11TH ASWINA 1929 OP.No. 22981 of 1999(J) ----------------------------- PETITIONER: --------------- P.R.JAYASEELAN, AGED 32 YEARS, S/O. PARAMEWSARAN ACHARI, THE PROPRIETOR PLAMOOTTIL FASHION JEWELLERS'. N.P. IX/1046 E, AR SHOPPING COMPLEX, VENJARAMOODU, THIRUVANANTHAPURAM PERMANENTLY RESIDING AT RETHINA BHAVAN, KAWALAYOOR, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI SRI.PRAVEEN VYASAN RESPONDENTS: ----------------- 1. ABDUL RUB, RIYAZ MANZIL, KULAMUTTOM, VARKKALA, CHIRAYINKIZHU TALUK, THIRUVANANTHAPURAM. 2. S.I. OF POLICE, VENJARAMOODU, THIRUVANANTHAPURAM. 3. C.I.OF POLICE, VENJARAMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.R.S.KALKURA SRI.S.R.AJITH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/10/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.22981/1999 ORDER ON CMP. NO.38161/1999 IN OP. NO.22981/1999 DISMISSED 03.10.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1:- COPY OF THE REGISTRATION CERTIFICATE NO.0910 15748 DT. 28.9.95. EXT.P2:- COPY OF THE LICENCE ISSUED BY NELLANADU GRAMA PANCHAYATH DT. 17.10.98. EXT.P3:- COPY OF THE TELEPHONE BILL DT. 11.10.96. RESPONDENTS EXHIBITS EXT.R1:- COPY OF THE REPRESENTATION DT. 10.7.99. EXT.R1: COPY OF THE F.I.R. IN CRIME NO.264/99. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- O.P.No.22981 OF 1999 ------------------------------------------- Dated this the 3rd day of October, 2007 JUDGMENT Learned Government Pleader appears for respondents 1 and 2. Service complete. In view of the averments in the writ petition, in the counter affidavit and in the reply affidavit, it is obviously a case where the petitioner asserts possession of the land and the contesting first respondent asserts the right as its owner. This writ petition is nothing but “a glorified suit for injunction against trespass”. Since it is stated by the first respondent that there will be no eviction otherwise than through the due process of law, no directions are called for in this writ petition. The writ petition is hence, closed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb. ======================= THOTTATHIL B. RADHAKRISHNAN, J O.P.NO.22981 OF 1999 JUDGMENT 3rd OCTOBER, 2007. =======================