K.V. SURENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner has approached this Court seeking the following relief: Direct the 4th and 5th respondents to give adequate protection to implement the injunction order passed in I.A.2208/2011 in O.S.No.306/2011 of the Munsiff Court, Kuthuparamba without interruption, with immediate effect.

(2.) Briefly put, the case of the petitioner is as follows: Petitioner is having absolute title, possession and enjoyment of 26.70 Ares of land in R.S.No.156/5 of Keezhoor Village, Thalassery Taluk. Respondents 6 to 9 and their men trespassed into the petitioner's property on 9.9.2011 and kept a stone therein stating that the property is remnants of an old temple. Petitioner filed OS.No.306/11 before the Munsiff Court, Kuthuparamba and obtained temporary injunction. The said order was made absolute as per Ext.P4, after hearing respondents 6 to 9. But, when the interim injunction was in force, respondents 6 to 9 purposely violated the order and thereafter Ext.P8 order was passed directing the fourth respondent to ensure that the order is complied with in its letter and spirit. But, the police authorities did not grant protection to implement the order and respondents 6 to 9 have been violating the order as evident from Exts.P9 and P10 First Information Reports. Thereafter, the Sub Divisional Magistrate, Thalassery as per Ext.P11 strictly directed the fourth respondent to enforce the order of the civil court. But, so far, no protection was granted and hence this Writ Petition.

(3.) Counter Affidavit has been filed by respondents 6 to 9, wherein they, inter alia, say that the property over which the petitioner claims is known as Ambalathumkandi Paramba and for the generations, the said land was a forlorn and secluded place and normally people in the locality never venture anywhere near the said land. It is stated that though this property was included in the title of the original jenmy Porkalam Devaswomn, it had always been a secluded area and despite the successive change of title, no one had actual possession. The mysterious effect venturing anywhere near the property had always been a scare of the residents of the locality. It is in such circumstances, the said land was purchased by the petitioner who is a known money lender and a real estate dealer. After obtaining title, the petitioner leased it out to a stranger to conduct a poultry farm. Thereafter, he relinquished the lease and stopped the business due to calamities. This place forms part of a larger extent of two acres where there is a huge banyan tree and a dilapidated old tank infested with full of weeds and moss. Thereafter, when the petitioner started to convert it as a godown, his workers came across with broken stone idol and shaped stones and such other stone carvings with stone lamp etc. indicative of the vestiges of a temple which has been devastated by the conqueror Tippu Sultan and ever since it is lying without any human proximity. On finding the ruins of the temple, the petitioner asked his labourers to bury these items in the property itself. There is reference to calamitous condition of the workers and adverse effects on their person and family and then the people of the locality realised the nature and importance of the Ambalakandi Paramba. A temple renovation committee was constituted and it was decided to build a temple. They started lighting lamps. It is further stated that the petitioner has already invoked the jurisdiction of the civil court and the civil court on realising the importance of the matter, did not take any action. A Reply Affidavit is filed by the petitioner.