IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 6630 of 2008(L) ----------------------------------- PETITIONERS: ------------------------ 1. ANNAMMA, W/O. LATE JOHN, KUNNATHU HOUSE, B.L.RAM KARA, CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK. 2. BIJI, D/O. LATE JOHN, KUNNATHU HOUSE, B.L.RAM KARA, CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK. 3. SOSAMMA, D/O. LATE JOHN, KUNNATHU HOUSE, B.L.RAM KARA, CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK. 4. VALSA, D/O. LATE JOHN, KUNNATHU HOUSE, B.L.RAM KARA, CHINNAKKANAL VILLAGE, UDUMBANCHOLA TALUK. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENTS : ------------------------ 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, IDUKKI, PAINAVU P.O. 2. THE VILLAGE OFFICER, CHINNAKKANAL, IDUKKI DISTRICT. SRI. M.P SREEKRISHNAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6630 /2008 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1: TRUE COPY OF THE JUDGMENT IN O.S. NO.159/2003 BEFORE THE MUNSIFF COURT, DEVIKULAM. /TRUE COPY/ P.A. TO JUDGE scm ANTONY DOMINIC, J. --------------------------- W.P.(C) No.6630 of 2008 ------------------------------------ Dated this the 20th day of March, 2009 JUDGMENT Prayer in this writ petition is to direct the respondents and its officials not to trespass upon the property of the petitioners or to evict them. Petitioner claims that they are the joint owners of five acres of unassigned Government Land. According to them, when their possession was attempted to be disturbed, they have filed a suit before the Munsiff’s Court Devikulam in O.S. No.159/2003. This suit was decreed as per Exhibit P1 judgment and the defendants in the suit were restrained from trespassing into the plaint schedule property or evicting the plaintiffs or causing any damage to the cultivations in the plaint schedule property. It is stated that although the judgment is still in force, the respondents and their officers are attempting to trespass into the property and are seeking to evict them. Learned Government pleader appearing for the respondents submit that against Exhibit P1 judgment, they have filed an appeal before the District Court, Thodupuzha as A.S. No.47 of 2006 and that the appeal is pending. W.P.(C) No.6630/2008 2 It may be true that the appeal filed is pending, but the fact remains that the judgment and decree in the suit are still in force. Therefore, so long as the respondents are bound by the same, they cannot trespass into the plaint schedule property or evict the petitioners. Now that there is a binding judgment, so long as Exhibit P1 is in force, I have no reason to think that the respondents will do anything flouting the directions of the Civil Court. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE scm