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Vasudevan K.Panthalath vs State Of Kerala

High Court Of Kerala|22 May, 2014
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JUDGMENT / ORDER

Manjula Chellur, C.J.
We have gone through the contents of the writ petition as well as Exhibits P2 and P3. Petitioner claims right over the property in question on the ground that by virtue of Ext.P2 he is exercising rights over the property for number of years. Ext.P3 pertains to report of a murder case in news papers with regard to one of the workers in the alleged estate.
2. Learned State Attorney submits, the land in question is a forest land over which petitioner is making illegal claim. It is needless to say, even a person in unauthorised possession cannot be thrown away without due process of law. However, whether petitioner is in such possession of property or not is a question of fact which cannot be entertained in a writ petition under Article 226 of the Constitution.
3. In that view of the matter, by granting police protection, this Court may indirectly assist the parties who did not even have semblance of right. In that view of the matter, WP(C) No. 11606 of 2014 -:2:-
we are of the opinion, none of the reliefs sought could be granted and accordingly, the Writ Petition is closed.
Manjula Chellur, Chief Justice.
P.V. Asha, Judge.
ttb/22/05
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Title

Vasudevan K.Panthalath vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
22 May, 2014
Judges
  • Manjula Chellur
  • P V Asha
Advocates
  • Sri
  • P J Joseph Panikkassery