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Judgment
N. Nagaresh, J
The petitioner is before this Court seeking to issue a writ of Mandamus directing respondents 4 and 5 to provide effective police protection to the life of the petitioner and other legal heirs of the property covered by Ext.P1 title deed in the interest of justice and to direct respondents 1 to 3 to measure the property described in Ext.P3 application with adequate police protection.
The petitioner states that she is a widow and one of the legal heirs/co-owners of the property covered by a title deed dated 13.05.1966 measuring 1 Hectare 3 Ares and 23 square metres. There are six legal heirs to the property. According to the petitioner, the property is surrounded by government puramboke. Respondents 6 to 14 are residing in the nearby lands and staking claim on the government puramboke land.
The petitioner wanted to sell her share of the property and hence submitted an application to the Tahsildar to measure the property. The application was submitted on 17.10.2022. To measure the property, the property had to be cleaned by removing bushes and weeds. When the petitioner attempted to do so, respondents 6 to 14 obstructed the petitioner from entering the property and even physically assaulted and intimidated the workmen engaged by the petitioner.
The petitioner submitted a complaint to the Station House Officer, Vengara Police Station on 11.10.2022. Respondents 2 and 3, namely Tahsildar and Taluk Surveyor, refused to measure the property, due to the political pleasure exerted by respondents 6 to 14. The repeated representations and requests made by the petitioner to measure her property did not yield any result. Therefore, the petitioner is before this Court.
Respondents 7 to 14 entered appearance and resisted the writ petition filing counter affidavit. Respondents 7 to 14 submitted that the property in question is involved in Ceiling Case CR No.373/73 of the Taluk Land Board, Tirurangadi. In view of Ext.R7(a) order of this Court in CRP No.305/2010, the declarant in respect of the property was liable to surrender only 13.94 Acres of land.
In RP No.906/2016 filed by the petitioner and others, this Court declared that the order in CRP No.305/2010 will not stand in the way of the petitioners therein to moot their individual claim under Section 85(8) of the Kerala Land Reforms Act.
Respondents 7 to 14 further stated that the petitioner and others have filed Claim Petition invoking Section 85(8) of the Kerala Land Reforms Act claiming their right over 2.55 Acres of land. The said petition is pending consideration before the Taluk Land Board. The writ petition is therefore without any merit and is liable to be dismissed.
I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 5 and the learned counsel appearing for respondents 7 to 14.
The petitioner seeks police protection for measuring her share of property in the 1 Hectare 3 Ares 23 square metres of land covered by a title deed dated 13.05.1966. It is evident from the pleading that the property is involved in civil litigations. This Court has passed order dated 09.03.2017 in RP No.906/2016 declaring that the petitioners therein will be entitled to moot their individual claims under Section 85(8) of the Kerala Land Reforms Act. Claim Petition has been filed under Section 85(8) which involves the question of right and title over 2.55 Acres of land. Therefore, the title and ownership of the property claimed by the petitioner are evidently in dispute. In such circumstances, it would be inappropriate for this Court to grant police protection to the petitioner to measure her property.
The writ petition is therefore dismissed.