Ashraf v. Subaida
Case brief
What is this about?
Appeal against a single judge order directing police to protect a widow measuring her property. The High Court modified the order, limiting protection strictly to the measurement process using a Taluk Surveyor, while affirming the right of the obstructing parties to challenge title in civil court.
What did the court decide?
The writ appeal was disposed of by modifying the impugned judgment to grant police protection strictly for the measurement of the property with a Taluk Surveyor.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945
W.A.NO.1423 OF 2023
ARISING OUT OF THE JUDGMENT OF THE LEARNED SINGLE JUDGE
DATED 09.06.2023 IN W.P.(C)NO.3833 OF 2021
APPELLANTS/SIXTH RESPONDENT IN THE WRIT PETITION (CIVIL):
1 ASHRAF, AGED 56 YEARS, S/O YAHU, RESIDING AT IBRAHINTEPURAKKAL HOUSE, VAKKAD P.O., TIRUR, MALAPPURAM DISTRICT, PIN - 676105
Issues for consideration
2 issues framed by the court
Whether the learned Single Judge's direction for police protection to measure residential property was maintainable when the dispute involved obstruction from opposing parties.
Whether the High Court should modify the single judge's order by restricting police protection strictly to the measurement process while preserving the right to challenge the title in civil court.
Parties & counsel
- appellant
Ashraf
- appellant
Ismayil
- respondent
Subaida
- respondent
The State of Kerala
- respondent
The District Police Chief, Mallappuram
- respondent
Case details
As recorded by the court registry
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