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2013 Supreme(Ker) 572

HIGH COURT OF KERALA
K.M. JOSEPH & K. RAMAKRISHNAN, JJ.

Jithesh
Versus
State of Kerala, represented by Chief Secretary & Others
WP (C). Nos. 2636 & 2637 of 2013 (D)
Decided on: 03-10-2013

Advocate Appeared:
For the Petitioner:T. Krishnanunni, Sr. Advocate, A. Saju, K.C. Kiran, Mrs. P.A. Sheeja, Mrs. A. Meena, Advocates.
For the Respondents:R1 to R4, R8, P. Vijayaraghavan, State Attorney, Mohammed Shah, Government Pleader, R5 to R7, N. Manoj Kumar, Mrs. Jayasree Manoj, Mrs. Sreela Menon, Advocates.

Headnote:

Constitution of India - Article 226 - Writ Petition - Property right - Civil remedy - Held, This Court has got the power to grant necessary police protection to protect the property of such affected person.

JUDGMENT

Ramakrishnan, J.

1. The petitioner in WP(C) No.2636/13 has approached this Court, seeking the following reliefs :

a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 4 to give necessary and adequate police protection and assistance to the petitioner for keeping possession and peaceful enjoyment of 1.48.95 acres of land belonging to him in RS No.193/2 of Peruvallur amsom of Malappuram District without any obstruction from respondents 5 to 7 and their men.

b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to take immediate and effective action on Exts.P4 and P5 complaints.

2. Following are the reliefs sought for by the petitioner in WP(C) No.2637/13:

a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 4 to give necessary and adequate police protection and assistance to the petitioner for keeping possession and peaceful enjoyment of 2.86.5 acres of land belonging to him in RS No.193/2 of Peruvallur amsom of Malappuram District without any obstruction from respondents 4 to 6 and their men.

b) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to take immediate and effective action on Exts.P4 and P5 complaints.

3. Since the question to be decided and the reliefs claimed in both these cases are the same, they are being heard and disposed of by a common judgment.

4. The case of the petitioner in this Writ Petition is that he is a resident of Tirurangadi Taluk in Malappuram District and he is possession and enjoyment of 1.48.95 acres of land in RS No.193/2 of Peruvallur Amsom, which he obtained as per Ext.P2 document dated 23.11.1995. The said property originally belonged to his father late Krishnan Namboothiri and this property along with other properties, was in the possession of a tenant by name Raman Namboothiri, who had fixity of tenure over the same and purchased the right of the landlord under Section 72 of the Kerala Land Reforms Act (hereinafter referred to as the Act) as per Ext.P1 purchase certificate issued in SM proceedings No.218/1978 dated 25.04.1978 and from the said Raman Namboothiri, the petitioner obtained the same, as per Ext.P2 document mentioned above. A ceiling case was initiated in respect of the properties belonging to the statutory family of late Krishnan Namboothiri, the father of the petitioner as TLB(K) 362/77 on the file of the Land Board, Kozhikode. This property was included in the above ceiling case. The claim of tenancy of Raman Namboothiri was raised in that ceiling case. Though the claim was earlier not accepted by the Land Board, in the revision filed by the declarant as CRP No.3266/1981 against the order of the Land Board, this Court accepted the claim and directed deletion of that property from the account of the declarant as per Ext.P3 order. After remand from this Court, the Land Board found that the family does not have properties more than the ceiling limit and accordingly, the ceiling proceedings were dropped as per Ext.P3(a) order of the Land Board. The property is not an excess land and the same has been excluded from the ceiling case of the father of the petitioner, and the petitioner had purchased the same from the tenant. The Government has no right over the same. In connection with the agitation organised by the Communist Party of India (Marxist) and the Kerala State Karshaka Thozhilali Union, to take possession of the excess land unauthorisedly in occupation of land holders on 11.01.2003, some persons under the leadership of respondents 5 to 7 came to the property of the petitioner and started constructing sheds. The petitioner told them that he is not in unauthorised occupation, but they did not heed to the same. Knowing about the proposed agitation, the petitioner filed Ext.P4 complaint on 9.1.2013 before the second respondent seeking protection, but

































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