IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.

FRIDAY, THE 9^TH DAY OF AUGUST 2024/18TH SRAVANA, 1946 OP(C) NO.48 OF 2018 AGAINST THE ORDER/JUDGMENT DATED IN OS NO.282 OF

2012 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT /

COMMERCIAL COURT, PALAKKAD PETITIONERS:

1 JOSEPH ABRAHAM AGED 60 YEARS S/O K.A ABRAHAM,MANAGING PARTNER, ZEENATH ESTATE, NELLIYAMPATHY POST, 2 ABU K ABRAHAM AGED 35 YEARS S/O ABRAHAM, RAMANKERIL HOUSE, KUTTOOR VILLAGE, THIRUVALLA, PATHANAMTHITTA DISTRICT

3 RIYA PRINCE AGED 33 YEARS W/O PRINCE ABRAHAM, VALLAMKULAM, ERAVIPEROOR VILLAGE, THIRUVALLA BY ADVS.

SRI.N.JAMES KOSHY KUM.CHINMA ABRAHAM [

RESPONDENTS:

1 P.K. MUHAMMED FAROOK AGED 47 YEARS KAYANAYIL HOUSE, POONNAYOORKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT PIN 680 003

2 N.SUKUMARAN AGED 70 YEARS S/O KESAVAN, MAPRANAM, NEDIYIRIPPIL HOUSE, PURATHUSSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN 680 003

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

4 THE PRINCIPAL SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001

5 THE CHIEF CONSERVATOR OF FORESTS, CUSTODIAN OF VESTED FORESTS, EASTERN CIRCLE, OLAVAKKODE, PALAKKAD, PIN – 678 508

6 THE DIVISIONAL FOREST OFFICER, NENMARA DIVISION, PALAKKAD DISTRICT PIN – 678 508

7 THE DISTRICT COLLECTOR PALAKKAD, PIN 678508

8 THE TAHSILDAR CHITTUR TALUKL, PALAKKAD, PIN – 678 506

9 N. MOHANA VARMA, S/O LATE VENUGOPALA VARMA RAJA VILIA, NAMBIDI OF VENGUNNAD KOVILAKAM, RESIDING AT KOZHISSERY HOUSE,PAYALORE, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT

10 PUSHPA BALASUBRAMANIAN W/O BALASUBRAMANIAN, S/O LATE VENUGOPALAVARMA RAJA, VALIANAMBIDI THE PALACE (VENGUNADU KOVILAKAM), NOW RESIDING AT KOZHISSERY HOUSE, PAYALORE, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT

11 GEETHA VASUDEVA MENON W/O LATE N.VASUDEVA MENON, NARAYANI, PAYALORE, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT

12 PRASAD V VENUGOPAL S/O LATE N.VASUDEVA MENON, NARAYANI, PAYALORE, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT

13 JAYASREE MENON NARAYANI, PAYALORE, KOLLENGODE, CHITTUR TALUK, PALAKKAD DISTRICT

14 ANURADHA VARMA W/O LATE SANTHARAM VARMA, KILPAUK, MADRAS (CHENNAI), TAMIL NADU 15 SUMANGALA VARMA D/O LATE SANTHARAM VARMA, KILPAUK, MADRAS (CHENNAI), TAMIL NADU

16 AJATHA SANTHRU VARMA S/O LATE SANTHARAM VARMA, KILPAUK, MADRAS (CHENNAI), TAMIL NADU THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON

09.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The plaintiff in a suit for injunction has come up before this Court, challenging an order passed by the Trial Court allowing an application for impleadment by the third parties. The petitioner contends that, in O.S. No.282/2012 was filed before the Principal Sub Court, Palakkad. In the suit, the main grievance is against the defendants, who are the State of Kerala as well as their officers. The claim for injunction is sought for, declaration of his title as well as the consequential injunction against the defendant. During the pendency of the suit, I.A. No.186/2013 was filed by third parties seeking themselves to implead in the present suit. Ext.P2 is the application. A reading of Ext.P2 shows that the person who is seeking to implead himself in the party array, he is setting up an independent title against the petitioners. The Court below by order dated 25.08.2017, allowed the application for impleadment. Aggrieved by the aforesaid order, the petitioners have come up with the present original petition filed under Article 227 of the Constitution of India.

2. I have heard Sri.N.James Koshy, learned Counsel appearing for the petitioners and the Learned Special Government Pleader(Forest). Though notice was issued to respondents 9 to 16, there is no appearance for them.

3. Sri. N. James Koshy, learned Counsel appearing for the petitioners contented that the petitioners/ the plaintiffs being the masters of the suit no other person can inter