LAWS(KER)-2012-6-271

T T CHERIAN Vs. C K NAZAR

Decided On June 18, 2012
T.T.CHERIAN Appellant
V/S
C.K.NAZAR Respondents

JUDGEMENT

(1.) THE petitioner has approached this Court seeking the following reliefs:

(2.) BRIEFLY put, the case of the petitioner is as follows: The petitioner purchased an extent of 45 cents of land in Sy.No.1027/1 and 1023 of Edakkara village in Nilambur taluk as per Ext.P1 sale deed. Ext.P2 is the sketch of the property prepared by the Special Village Officer. Ext.P3 is the land tax receipt. Ext.P4 is the possession certificate. Ext.P1 sale deed also mentions of a pathway to the said property. The 3rd respondent who is an adjoining neighbour and who wanted to purchase the property purchased by the petitioner, obstructed the petitioner from enjoying the property and the petitioner filed a complaint before the police and Ext.P5 is the FIR. Meanwhile, the 3rd respondent blocked the entrance from the main road to the property of the petitioner and Ext.P6 complaint was filed before the RDO. Since no action was being taken, the petitioner filed W.P.(C)No.23585/2010. This Court by Ext.P8 judgment directed the RDO to pass orders on the petition filed by the petitioner. Meanwhile, the RDO disposed of the application directing the petitioner to file a civil suit. The petitioner filed Ext.P9 suit. Ext.P10 is the order of injunction passed. Ext.P11 is the commission report. The same would show that the pathway to the property of the petitioner has been blocked. However, even after the order of injunction, the petitioner is not being permitted to take the usufructs from the property or use the pathway. Meanwhile, respondents 1 and 2, who are police officials, are physically assaulting the petitioner and dancing to the tunes of respondents 3 to 7. False cases are being registered against the petitioner. Hence, the petitioner filed Ext.P12 complaint before the District Level Complaint Authority, Malappuram. No action was taken in the matter. The obstruction continues. Respondents 1 and 2 are harassing the petitioner.