LAWS(KER)-2012-10-249

MOHAMMED SHAFI M. Vs. STATE OF KERALA

Decided On October 16, 2012
Mohammed Shafi M. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) PETITIONERS have approached this court seeking the following reliefs:

(2.) BRIEFLY put, the case of the petitioner is as follows: Petitioners purchased an extent of 5.5723 Hectors of property from the 6th respondent comprised in Survey Nos.1891/1 and 4, 188/4,5,6,7 and 9 in Akathethara Village of Palakkad Taluk and district as per sale deed No.2214/2012 on 21/6/2012 executed at Olavakkode Sub Registry. The property is a Rubber Plantation and the rubber trees are tapped and getting income from that. But the respondents 4 and 5 and their men and agents are taking law in their hands by forcibly entering into petitioners property and tapping the rubber trees and taking the latex without the permission of the petitioners. When this was brought to the notice of the respondents 4 and 5, they threatened the petitioners with dire consequences and the shouted that they are under the leadership of some Terrorist organization. They are frequently committing mischief in the property of the petitioners they broke open the shed in their property and using all equipments kept in the shed for storing the articles owned by the petitioners. Petitioners are put to many sufferings due to the illegal activities of the respondents 4 and 5 and their men and agents. Respondents 4 and 5 are persons of high political influence and they are threatening the petitioners and their family members. The petitioners have approached the official respondents to redress their grievances, but no positive action is being taken from their side. The petitioner filed a complaint and is before us.

(3.) WE heard learned counsel for the petitioners, learned counsel for respondent Nos.4 and 5, learned counsel for the 6th respondent and the learned Government Pleader.