IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 WP(C).No. 33587 of 2009 (P) -------------------------- PETITIONER(S): --------------- BADARUDEEN, PUTHUVILA VEEDU (NOW MANEKSHA MANZIL) MULAYARAKONAM, NILAMEL VILLAGE, KOTTARAKKARA TALUK BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. MANSOORUDEEN MANSOORMANZIL, BANGALAMKUNNIL, MULAYARAKONAM, NILAMEAL VILLAGE 2. S.I.OF POLICE, KADAKAL. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS ADV. SRI.ALEXANDER GEORGE FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33587 of 2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SETTLEMENT DEED. EXT.P2: COPY OF THE REPORT OF THE TAHSILDAR EXT.P3: COPY OF THE COMPLAINT /TRUE COPY/ PA TO JUDGE KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P.(C).No.33587 of 2009 ----------------------------------------- Dated this the 21st day of December, 2009 JUDGMENT Kurian Joseph,J. The petitioner approached this court seeking police protection. Dispute is admittedly only with respect to 7 cents of land in Sy.No.154/6 of Nilamel Village. According to the first respondent unless that dispute is settled, petitioner cannot be permitted to enjoy the rest of the property. We do not find any justice in the stand taken by first respondent. The dispute with regard to 7 cents is the subject matter of A.S.No.4/2009 pending before the Sub Court, Kottarakkara. The first respondent who is present before us submitted he has no objection in the petitioner enjoying the fruits of the property by keeping proper accounts in respect of the mesne profits. Both sides submitted that the extent of 7 cents of land is to be demarcated on the basis of Ext.P2 report of Tahsildar and the settlement deed. Accordingly the writ petition is disposed as follows:- W.P.(C).No.33587 of 2009 2 The Village Officer, Nilamel shall demarcate the 7 cents of property on the basis of Ext.P2 order and settlement deed within a week from the receipt of judgment. The necessary expenses shall be borne by the petitioner. The Petitioner is free to enjoy fruits of the balance property absolutely. The first respondent is entitled to take mesne profit of the 7 cents by keeping proper accounts. Rest of the issues will be decided on the outcome of A.S.No.4/2009. In the unlikely event of any objection with regard to the above arrangement, petitioner shall be given necessary police protection. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ssn