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2018 Supreme(Ker) 884

P.R.RAMACHANDRA MENON, N.ANIL KUMAR
Raman – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioners: Sri. M. Vivek Rabindranath, Sri. V.T. Madhavanunni.
For the Respondents: Sri. Jamsheed Hafiz, Sr. Gp Sri. P.P. Thajudeen.

JUDGMENT :

N. ANIL KUMAR, J.

1. This writ petition is filed seeking for a writ of mandamus directing respondents 1 and 2 to give police protection and assistance to the petitioners to reconstruct the iron fence on the boundary separating the property of the petitioners from that of the respondents 3 to 6 so as to prevent them from trespassing into the petitioners' property and committing acts of waste therein.

2. Dispute between the parties centres round the ownership and possession of 50 cents of property in Poolakode amsom and desom in Kozhikode Taluk as per Kanam deed No.11/1969 of Sub Registrar's Office, Chathamangalam. Having obtained title and possession to the said property by virtue of the five settlement deeds, petitioners 1 and 2 have been in absolute possession and enjoyment of the property. Respondents 3 to 6 are residing on the eastern side of the property of the petitioners and they have two ways to their property. According to the petitioners, respondents 3 to 6 destructed a portion of the compound wall and made an attempt to carve out a pathway. Hence, the petitioners filed O.S.No.167 of 2015 before the Additional Munsiff's Court-II, Kozhikode against respondents 3 to





















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