C C JOY Vs. K C MATHEWS

JUDGEMENT

(1.) THE petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to respondents 4 and 5 obliging them to afford police protection to the petitioner to remove felled soft trees in his property against illegal objections raised by respondents 1 to 3.

(2.) ACCORDING to the petitioner, rubber trees in his property were cut and removed. When objections were raised against the same, he was obliged to move the civil court. He had obtained Ext.P5 judgment in his favour. Respondents 1 and 2 herein along with another, were defendants in that suit. They did not contest their suit. ACCORDINGly decree was passed in favour of the petitioner.

(3.) THE learned Government Pleader submits that respondents 4 and 5 have interacted with respondents 1 to 3. THEy raise no objection against the removal of the felled soft trees from the property of the petitioner. It is the statement of respondents 4 and 5 that they do not anticipate any obstruction or objection from respondents 1 to 3 against removal of soft wood tree from the petitioner's property. In these circumstances, the petitioner can remove the trees from his property. If there be any objection/obstruction from respondents 1 to 3, respondents 4 and 5 shall afford necessary protection, it is submitted by the learned Government Pleader.