KSHEMACHANDRAN S/O VIJARARAJAN VAZHUNNAVAR Vs. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner is before us seeking protection to his life and property against the alleged illegality perpetrated by party respondents 4 to 6.

(2.) The petitioner is the owner in possession of 12 cents of property in Keezhoor Amsom, Payancheri Desom, stated to have been obtained as per Ext.P1 from his sister in the year 2013. Mutation was effected as per Ext.P One P.Aravindakshan, claiming to be a member of Prabhat Kalasamskarika Kendra, filed Ext.P3 suit as OS No.347/2013 before the Munsiff's Court, Kuthuparamba impleading one Thottathil Joy as defendant seeking a perpetual injunction restraining him from preventing the plaintiff therein from using the property scheduled thereto as a Volleyball ground. In that suit, it is admitted that the property once belonged to one Vijayarajan, the father of the petitioner herein, and that he had permitted the youngsters in the locality to play Volleyball in the property about 15 years ago.

(3.) On coming to know about Ext.P3 suit, the petitioner got himself impleaded as an additional defendant therein and raised a counter claim denying the averments in Ext.P3 about his father permitting the use of the subject property for playing Volleyball. The plaintiff and the first defendant in Ext.P3 suit absented themselves and the counter claim was decreed as per Ext.P4 judgment dated 11.8.2016. There was a specific direction to remove the wooden poles and the net installed for playing Volleyball from the property, within a period of one month. The decree was not complied with. EP No.207/2017 was filed by the petitioner and with the assistance of the Court Amin, the poles and the net were removed. With the intention to plant coconut trees and to construct a compound wall, the petitioner unloaded laterite stones. However, he found that the pits dug for planting coconut saplings were fully filled up and the laterite stones crushed and destroyed. Ext.P5 complaint was filed before the third respondent.