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2012 Supreme(Online)(KER) 49639

HIGH COURT OF KERALA
P.N.RAVINDRAN, J
JAMES VARGHESE – Appellant
Versus
KERALA STATE HUMAN RIGHTS COMMISSION – Respondent


JUDGMENT

The first petitioner is the owner of 10 cents of land situated in Sy.No.65/1 of Periyar Village. The second petitioner is the owner of 15 cents of land lying contiguous with the land belonging to the first petitioner. The petitioners are running a cardamom processing unit in the said lands. The fourth respondent is residing on the eastern side of the said 25 cents of land. Alleging that the fourth respondent attempted to trespass into the eastern portion of their land at about 10 a.m. on 17.9.2009 and take forceful possession of the property, the petitioners filed O.S.No.161 of 2009 in the Court of the Munsiff of Peermade for a permanent prohibitory injunction restraining the fourth respondent from taking forceful possession of their property or from committing acts of mischief therein. In the plaint, a copy of which is produced as Ext.P1, the petitioners alleged that they are running a cardamom store in the suit property and had prayed for a permanent prohibitory injunction restraining the fourth respondent herein, the defendant in the suit, from obstructing them from running the cardamom store. Though the fourth respondent was served and had entered appearance through co

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