Kerala High Court

WP(C)/38136/2008 of MEKKUNNANKANDI VELLIYOTTU IBRAYI Vs MEKKUNNANKANDI VELLIYOTTU ABDULLA on 26 December 2008

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930 WP(C).No. 38136 of 2008(M) ------------------------------------- PETITIONER(S):

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

&

THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

FRIDAY, THE 26TH DECEMBER 2008 / 5TH POUSHA 1930

WP(C).No. 38136 of 2008(M)

-------------------------------------

PETITIONER(S):

-------------------------

MEKKUNNANKANDI VELLIYOTTU IBRAYI,

S/O. SOOPI HAJI, AGED 65 YEARS,

PALAMADATHIL HOUSE, INRINGATH AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.

BY ADV. SRI.SUNIL V.MOHAMMED

RESPONDENT(S):

------------------------

1. MEKKUNNANKANDI VELLIYOTTU ABDULLA,

S/O. SOOPI HAJI, AGED 65 YEARS,

MURICHANDI HOUSE, VILAATTOOR AMSOM DESOM, KOYILANDY TALUK, KOZHIKODE DISTRICT.

2. THE SUB INSPECTOR OF POLICE,

MEPPAYYUR POLICE STATION,

KOZHIKODE DISTRICT.

GOVERNMENT PLEADER SRI.P.N.SANTOSH KUMAR

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

ON 26/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

THOTTATHIL B.RADHAKRISHNAN & ANTONY DOMINIC, JJ---------------------------------------------------------------- W.P.(C).NO.38136 of 2008 - M

-----------------------------------

Dated this the 26[th] day of December, 2008

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J U D G M E N T--------------------

Thottathil B. Radhakrishnan, J.

The petitioner filed O.S.No.50/2003 seeking certain reliefsagainst the 1[st] respondent. A.S.No.33/2008 is filed before theSub Court, Koyilandi challenging dismissal of that suit. Petitionerhas also filed a suit for identifying the boundaries asO.S.No.84/2008 which is also pending. The question raised isessentially based on an alleged tresspass by the 1[st] respondent.These are matters which have to be agitated and remediesworked out through the civil court. Therefore, we dismiss thewrit petition without prejudice to such course of action.

THOTTATHIL B.RADHAKRISHNAN, JUDGE.

bkn/-

ANTONY DOMINIC,

JUDGE.

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