ISSAC Vs. STATE OF KERALA

JUDGEMENT

(1.) This Writ Petition is filed by the petitioner seeking title and possession in respect of 80 cents of wet land in Sy. No. 694/9A of Koothattukulam village in Ernakulam Revenue District. According to the petitioner, this property is fit for agricultural operations being wet land and at the instance of the party respondents, the petitioner is unable to make any cultivation. Though the petitioner had approached the Police seeking appropriate protection, no action has been taken by the Police and hence, he has approached this Court seeking police protection to have peaceful possession and enjoyment of the property and for carrying on agricultural operations.

(2.) The petitioner submits that he had already obtained an interim injunction restraining the fourth respondent from interfering with the cultivation being carried on in the said property by virtue of order dated 21.3.2014 in I.A. No. 835 of 2014 in O.S. No. 180 of 2014. But, despite the said order, respondents 5 to 8 and their members are preventing agricultural operations being carried on in the said property.

(3.) Counter affidavit has been filed by respondents 5, 6 and 7 inter alia contending that the petitioner has no title to the said property. Even though the petitioner had created certain documents, title vests with the Devaswom, and by virtue of Section 27 of the Travancore-Cochin Hindu Religious Institutions Act, it is open for the Devaswom to take over the property. That apart, the Devaswom is intending to proceed under the Land Conservancy Act to take possession of the said property.