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Judgment
N.Nagaresh, J
The petitioner alleges that respondents 4 and 5 have put a long log into the petitioner’s property with an ulterior motive of using her property as a pathway. There is no pathway through the petitioner’s property. The action of respondents 4 and 5 is illegal.
The petitioner would further submit that respondents 4 and 5 have approached the Additional Munsiff’s Court, Nedumangad filing O.S. No.432 of 2021. Though an interim injunction was granted earlier, the same was subsequently vacated as per Ext.P4 order and the injunction application filed by respondents 4 and 5 was dismissed. Unless the petitioner is granted protection to remove the illegally laid log, the petitioner will be put to untold hardship and irreparable loss.
Though notice was served on respondents 4 and 5, there is no appearance. From the pleadings in the writ petition, it is evident that respondents 4 and 5 have forcibly put a log into the property of the petitioner.
In view of the fact that the injunction application of respondents 4 and 5 stands rejected as per Ext.P4, this Court is of view that the petitioner shall be granted protection to remove the illegal encroachment into the petitioner’s property.
Accordingly, the writ petition is disposed of directing respondents 1 to 3 to afford adequate protection to the life and property of the petitioner and to remove the illegal encroachment made into the petitioner’s property. It is made clear that this judgment shall not in any manner affect the pending civil proceedings before the Munsiff’s Court and it is also made clear that this Court has not pronounced anything on merit, on the disputes between the parties which is to be adjudicated finally by the Civil Courts.