K. Abraham Mathew, J.
The 4th respondent is the owner of two acres of land, which is planted with rubber trees. He allegedly entered into an agreement with the third respondent and one Rajeev for slaughter tapping of the trees and cutting and removal of them thereafter. The petitioner alleges that he has entered into an agreement with the third respondent and Rajeev for the slaughter tapping of those trees. This writ petition has been filed for the following reliefs on the allegation that the third respondent is now causing obstruction to the petitioner's cutting and removing the trees from the property:
“a) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to give necessary police assistance to the petitioner for preventing the destruction being caused by the 3rd respondent and his men from cutting and removing rubber trees in 2 acres W.P.(C) 12036 of 2014 .
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of rubber plantation in survey No.3865/47 of Pangode village in Thiruvananthapuram District;
b) issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to give adequate protection to life of the petitioner.
c) issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 and 2 to give adequate police assistance to the petitioner for preventing the illegal and high handed action of 3rd respondent and his men; And
d) pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time.”
2. Heard the learned Counsel for the petitioner and the learned Government Pleader .
3. Admittedly there is no agreement between the owner of the property, viz. the 4th respondent and the petitioner. The W.P.(C) 12036 of 2014 .
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petitioner is a stranger to the agreement executed between the 4th respondent and the third respondent. Prima facie, the petitioner has no right to cut and remove the trees. If at all he has any right, the proper remedy for him is to file a civil suit to establish his right.
The writ petition is misconceived. It is dismissed.
P.R. RAMACHANDRA MENON, JUDGE.
K. ABRAHAM MATHEW, JUDGE.
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