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2007 Supreme(Ker) 468

K.BALAKRISHNAN NAIR, HARUN-UL-RASHID
Harrisons Malayalam Ltd. – Appellant
Versus
State of Kerala, Represented By Its Chief Secretary too Government – Respondent


Judgment :-

Balakrishnan Nair, J.

The petitioner is a Public Limited Company. Hundreds of persons under the leadership of respondents 7 and 8 have encroached into a rubber estate of the petitioner company illegally. Though, police and other officials were moved, no help was forthcoming. Hence this writ petition, seeking a writ of mandamus to the police to extend help to the petitioner to evict the encroachers and for consequential relief’s.

2. The brief facts of the case as stated by the petitioner are the following: The petitioner company owns rubber and tea estates in various parts of Kerala and Tamil Nadu. In Pathanamthitta district in Kerala, it owns Kumbazha rubber estate, having an extent of 1048 hectares. Field No.9 of Kurumpatty division of the said estate is fully covered by rubber plants which are being tapped regularly. While so, at 10.30 p.m on 4.8.2007 several hundreds of people under the leadership of respondents 7 and 8 encroached into the said field No.99 of the estate and occupied the entire area. They encroachers are the members of Sadhu Jana Vimochana Samyukta Vedi, which according to the petitioner, is an unregistered organization. On coming to know of the encroac





























































































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