- 1 - HC-KAR NC: 2025:KHC:41729 WP No. 42256 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.42256 OF 2019 (GM-RES) BETWEEN: 1. MR. K. BABU S/O LATE K.C. KURIEN AGED ABOUT 76 YEARS KALARIKAL ESTATE VIA SIDAPPUR NELLIHUDIKERI VILLAGE KODAGU DISTRICT-571253. 2. MRS. ELIZABETH KURIAN W/O MR K BABU AGED ABOUT 70 YEARS KALARIKAL ESTATE VIA SIDAPPUR NELLIHUDIKERI VILLAGE KODAGU DISTRICT-571253 REPRESENTED BY HER GPA HOLDER AND HUSBAND MR. K. BABU. 3. MRS. ANNIE GEORGE W/O LATE JEEVAN GEORGE AGED ABOUT 46 YEARS KALARIKAL ESTATE VIA SIDAPPUR NELLIHUDIKERI VILLAGE KODAGU DISTRICT-571253 Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41729 WP No. 42256 of 2019 REPRESENTED BY HER GPA HOLDER AND FATHER MR. K. BABU. …PETITIONERS (BY SRI. MANU K., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY THE PRINCIPAL SECRETARY. 2. DEPUTY COMMISSIONER KODAGU DISTRICT MADIKERI KODAGU DISTRICT-571201. 3. ASSISTANT COMMISSIONER KODAGU DISTRICT MADIKERI KODAGU DISTRICT-571201. 4. STATION HOUSE OFFICER SIDDAPUR POLICE STATION SIDDAPUR KODAGU DISTRICT-571253. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTIONS TAKEN BY RESPONDENTS, THEIR HENCHMEN AND OTHERS IN FORCIBLY ENTERING UPON THE PETITIONERS PROPERTY AND IN DIGGING TRENCHES AND - 3 - HC-KAR NC: 2025:KHC:41729 WP No. 42256 of 2019 MARKING BOUNDARY AND OTHER ACTIONS OF THE RESPONDENTS TO CURTAILING PERSONAL LIBERTIES OF THE PETITIONERS IN THE PROCESS ARE VIOLATIVE OF ARTICLE 14, 21, 300A OF THE CONSTITUTION OF INDIA; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The prayer made in this Writ Petition reads as follows: " (a) Declare that the actions taken by the respondents, their henchmen and others in forcibly entering upon the petitioners' property and in digging trenches and marking boundary and other actions of the respondents in curtailing personal liberties of the petitioners in the process are violative of Article 14, 21, 300A of the Constitution of India. (b) Issue a writ of mandamus directing the respondents to restore the petitioners' property to the same position as it was prior to the demolition works carried out today (i.e.07/09/2019). - 4 - HC-KAR NC: 2025:KHC:41729 WP No. 42256 of 2019 (c) Issue a writ of mandamus directing the respondent No.4 to provide police protection to the petitioners and their family members from the respondents and their henchmen. (d) Pass such other orders as may be deemed fit in the facts and circumstances of the case in the interest of justice and equity." 3. Having taken note of the submissions made by the learned counsel appearing for the parties, as disputed questions of title and possession of property is involved in this petition and same are not required to be adjudicated in this Writ Petition, I am of the opinion that, no interference is called for in this Writ Petition. 4. The Writ Petition is accordingly, dismissed. 5. Consequently, I.A.Nos.1/19 and 2/19 stand dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 9