Larger contentions are raised in the petition regarding the non- maintainability of the writ petition as well as the very institution of the suit. I feel as the court closes for X'mas holidays tomorrow, this Court will not be in a position to take any decision at this stage. I am informed that there are trees from where yield has to be taken. Otherwise it will get destroyed. Without deciding the major issues it may not be proper to pass even a direction regarding possession at this stage. 2. Therefore in the interest of both the parties concerned, this Court feels an interim arrangement has to be done. The interim arrangement can be only in the form of permitting the usufructs to be taken and the value deposited in the court so that the ultimate winner in the case can take the amount from the court. It is also necessary that to know what is the correct usufructs that is being received it must be under the supervision of one of the officers of the court, viz., a Commissioner.
3. Therefore, I direct the Commissioner appointed by the Munsiff in -:2:-
the suit to supervise while the usufructs are being taken and it can be sold and the amount can be deposited in the court. The forest officials can also be present when usufructs are being taken. Therefore I appoint Sri.V.P.Yousuff, Advocate, Mananthavady as the Commissioner to supervise and also collect the usufructs from the property in dispute, sell it in auction and deposit the amount before the Mananthavady court in the suit account and further I permit the forest officials are to be present when the usufructs are taken under the supervision of the Commissioner. The Commissioner shall give sufficient notice to both sides before proceeding with the work and I hope that both sides will co-operate fully for implementation of this order so as to avoid wastage of usufructs from the property. It is made clear that other than collecting usufructs from the property by the Commissioner no other work need be done in the property till 1.1.2008.
Post the case along with W.P.(C)No.25867/2007 on 1.1.2008.
M.N.KRISHNAN, JUDGE Cdp/- HO