Kerala High CourtSalim Kumar vs Kerala State Karshaka Thozhilali Union ... on 10 March, 1995IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                              PRESENT:

                         THE HONOURABLE MR.JUSTICE K.M.JOSEPH
                                                     &
                         THE HON'BLE MR. JUSTICE K.RAMAKRISHNAN

                 MONDAY, THE 18TH DAY OF FEBRUARY 2013/29TH MAGHA 1934

                                   WP(C).No. 2208 of 2013 (A)
                                   --------------------------------------
PETITIONER:
-------------------

            SALIM KUMAR,
            S/O.MUDAKKUZH DAMODARAN,
            VELLANIKKODE, KALLUR- 680 317,
            THRISSUR DISTRICT.


            BY ADV. SRI.K.G.BALASUBRAMANIAN.


RESPONDENTS:
-----------------------

        1. KERALA STATE KARSHAKA THOZHILALI UNION (KSKTU),
           OLLUR-680 306, THRISSUR DT.,
            REPRESENTED BY ITS AREA SECRETARY K.U.JANARDHANAN,
            OLLUR- 680 306.(FATHER'S NAME AND HOUSE NAME
            NOT KNOWN TO THE PETITIONER).

        2. COMMUNIST PARTY OF INDIA (MARXIST),
            LOCAL COMMITTEE, REPRESENTED BY A.M.SUKUMARAN,
            LOCAL SECRETARY, KALLUR- 680 317, THRISSUR DT.,
            [FATHER'S NAME AND HOUSE NAME NOT KNOWN TO THE PETITIONER]

        3. THE DISTRICT SUPERINTENDENT OF POLICE,
            THRISSUR- 680 101.

        4. THE CIRCLE INSPECTOR OF POLICE,
            PUDUKAD- 680 301, THRISSUR DT.,

        5. THE DISTRICT COLLECTOR,
            THRISSUR- 680 003.

        6. STATE OF KERALA,
            REPRESENTED BY SECRETARY, MINISTRY OF HOME,
            SECRETARIAT, THIRUVANANTHAPURAM-695 001.

            R1 & R2 BY SRI.T.A.SHAJI , SENIOR ADVOCATE,
                          ADV. SRI.M.A.ASIF,
            R3 TO R6 BY SR. GOVT. PLEADER SRI. M.K. ABOOBACKER.


            THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
            ON 18-02-2013, THE COURT ON THE SAME DAY DELIVERED
            THE FOLLOWING:

Prv.

W.P.(C). NO.2208/2013-A:



                     APPENDIX


PETITIONER'S EXHIBITS:


EXHIBIT-P1:   TRUE COPY OF DEED NO.1740/1995 OF NELLAYI REGISTRY OFFICE
              DATED 10.3.1995.

EXHIBIT-P2:   TRUE COPY OF REPRESENTATION DATED 15.1.2013 SUBMITTED BY
              PETITIONER BEFORE RESPONDENTS 3, 4 AND DY SP, CHALAKUDY.

EXHIBIT-P3:   TRUE COPY OF THE REPRESENTATION DATED 15.1.2013 SUBMITTED BY
              THE PETITIONER BEFORE 5TH RESPONDENT.

EXHIBIT-P4:   TRUE COPY OF THE DELIVERY WARRANT AND REPORT OF THE AMIN IN
              EP.675/1977 OS.252/1967 IN THE COURT OF THE MUNSIFF,
              IRINJALAKUDA.

EXHIBIT-P5:   TRUE COPY OF ASSIGNMENT DEED NO:2428/1994 OF NELLAYI SRO
              DTD. 23/05/1994 IN FAVOUR OF SELVAM AND SHAJAN.

EXHIBIT-P6:   TRUE COPY OF TAX RECEIPT DTD. 05/10/1994 IN FAVOUR OF SELVAM
              AND SHAJAN.

EXHIBIT-P7:   TRUE COPY OF RECEIPT DTD. 10/04/1995 ISSUED TO PETITIONER.

EXHIBIT-P8:   TRUE COPY OF CERTIFICATE ISSUED BY RUBBER BOARD TO
              PETITIONER.


RESPONDENTS EXHIBITS:


EXT.R1.A:     COPY OF THE APPLICATION DTD. 16/01/2013 SUBMITTED BY THE R.1.
              FOR INFORMATION REGARDING THE STATUS OF THE PROPERTY
              HAVING AN EXTENT OF 2.16 1/4 ACRES OF LAND IN SY. NO.30 OF KALLUR
              VILLAGE.

EXT.R1.B:     COPY OF THE INFORMATION DTD. 31/02/2013 ISSUED BY THE
              INFORMATION OFFICER, KALLUR VILLAGE.




                                               //TRUE COPY//




                                               P.A. TO JUDGE



Prv.



             K.M. JOSEPH & K. RAMAKRISHNAN,JJ
            -------------------------------------------------
                       W.P.(C) No.2208 of 2013
              ---------------------------------------------
              Dated this the 18th day of February, 2013


                              JUDGMENTK. M. JOSEPH, J

            Petitioner has approached this Court seeking for the

following relief:i)     A Writ of Mandamus or such other Writ,

      Order or Direction as this Hon'ble Court may deem fit

      and direct respondents 3 to 5 to forthwith afford the

      petitioner immediate and effective protection from

      the illegal acts of respondents 1, 2, their men/

      supporters, to prevent them from assembling,

      individually or in groups on the property covered by

      Ext.P1 and P2 and ensure his enjoyment of the said

      property without any hindrance from them in any

      manner, if necessary by removing them and their

      materials from the property.ii)    An interim order directing respondents 3

      to 5 to forthwith afford the petitioner immediate and

      effective   protection    from     the   illegal   acts of

      respondents 1, 2, their men/supporters, to prevent

      them from assembling, individually or in groups on

      the property covered by Ext.P1 and P2 and ensure his

      enjoyment of the said property without any hindrance

      from them in any manner, if necessary by removing

      them and their materials from the property, pending

      disposal of the above writ petition.W.P.(C) No.2208 / 201322.     Briefly stated, the case of the petitioner is as follows:The petitioner is in possession and enjoyment of the

property mentioned in Ext.P1. Respondents 1, 2 and their

supporters/men are trying to encroach upon the same on the

allegation that it is excess land which the government. That is as

part of an agitation launched by a political party (CPM) in the

State. The petitioner is unable to enjoy the property due to threat

and violence of a huge gang of persons who have been brought in

by the political party bosses from far away, in order to suppress

their identity. These persons have committed much waste in the

property by cutting down rubber trees and burning timber. They

are attempting to set up permanent dwellings on the property.

The petitioner is unable to secure relief from the civil court on

account of the violent situation. The police are declining to act in

the matter. The petitioner prays for a writ of Mandamus directing

respondents 3 to 5 to forthwith afford him immediate and effective

protection from the illegal acts of respondents 1, 2, their

men/supporters, to prevent them from assembling, individually or

in groups on the property covered by Ext.P1 and P2 and ensure

his enjoyment of the said property without any hindrance from

them in any manner, if necessary by removing them and their

materials from the property.W.P.(C) No.2208 / 20133Today, when the matter came up for consideration, the

learned counsel for the party respondents submitted that they and

their supporters are not encroaching into the property. In the light

of this submission, we close the writ petition, without prejudice to

the right of the petitioner to seek appropriate remedies, if need

arises in future.Sd/-K.M. JOSEPH,
                                            (Judge)


                                              Sd/-K. RAMAKRISHNAN,
                                            (Judge)


                           // True Copy//


                                                   P.A. To Judge

ss