M.M. GEORGE Vs. KANIYATTIL MUHAMMED HAJI

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking direction to respondents 2 and 3 to take appropriate action on the basis of Exts.P4 and P5 notices issued to them on behalf of the petitioners, and to take appropriate action against the 1st respondent. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioners and 1st respondent formed a partnership in the name and style 'GMK & Company' for carrying on commercial activities. The said venture, according to the petitioners, has purchased an extent of 5.61 Acres of land, situated at Elampra desom in Keezhallur Village, Kannur District, in the year 1992. One acre of land happened to be acquired and the parties are in possession of rest of the properties. The activity as is envisaged by the parties could not be started, and thereupon, the parties have decided to lease out the property to a third party. However, 1 st respondent backed out from the same. Thereupon, petitioners have filed O.S.No.105 of 2018 before the Sub Court, Tellicherry for partition of the property in question. I.A.No.2449 of 2018 was also filed seeking to grant an ad interim injunction, restraining the 1st respondent from changing the nature of the property or committing any act of waste in the property pendente lite.

(3.) According to the petitioners, the Advocate Commissioner appointed in the said suit has filed a report stating that huge volume of activities are going on in the property at the behest of the 1st respondent. It was thereupon that, Exts.P4 and P5 lawyer notices were caused to be issued to the 2nd and 3rd respondents for taking action against the 1st respondent. It is also pointed out that, without securing any licences from the respective statutory authorities, 1st respondent is attempting to start a permanent tar mixing plant in the property in question. It is thereupon that the lawyer notices were caused to be issued.