IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 12768 of 2011(U) -------------------------------------- PETITIONER: ------------------- R.NANDAKUMAR,PUNNAPILLI THAZATHIL, KARIMPINPUZHA, PAVITHRESWARAM,KOTTARAKARA. BY ADV. SRI.V.PREMCHAND. RESPONDENTS: ------------------------ 1. THE COMMISSIONER OF POLICE,KOLLAM, PIN-691 001. 2. THE SUB INSPECTOR OF POLICE,KOLLAM EAST POLICE STATION,KOLLAM-691013. 3. V.SASIDHARAN,SYAMALA MANDIRAM,SASTHRI NAGAR,KOLLAM-691 305. 4. K.REGHUNANDHAN, NENMENI MULLAVANAL VAYALIL,MANDRO THURHTU,(VIA)KUNDARA,CHITTUMALA, KOLLAM-691 501. 5. SARATHCHANDRAN,SREE NARAYANA GYMNASIUM, NEAR CERAMICS SHOWROOM,KACHERIMUKKU,KUNDARA, KOLLAM-691 501. R1 & R2 BY GOVT. PLEADER SRI. C.M. CHARISMA, R3 BY SRI.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, ADVS. SRI.TONY GEORGE KANNANTHANAM, SRI.MATHEW K. SIMON. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12768/2011-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RENTAL AGREEMENT DTD. 15/03/2011. EXT.P.2: COPY OF THE ADVERTISEMENT NOTICE DTD. NIL. EXT.P.3: COPY OF THE PHOTOGRAPH REVEALING INAUGURATION. EXT.P.4: COPY OF THE FIR DTD. 20/04/2011 OF KOLLAM EAST POLICE STATION. EXT.P.5: COPY OF THE NEWS ITEM PUBLISHED IN THE DESHABHIMANI DAILY DTD. 21/04/2011. EXT.P.6: COPY OF THE REPRESENTATION DTD. 26/04/2011 FILED BEFORE THE R.1. EXT.P.7: COPY OF THE RENT RECEIPT DTD. 18/04/2011 ISSUED BY THE SECRETARY SREE NARAYANA SAMSKARIKA SAMITHI. EXT.P.8: COPY OF THE ADVERTISEMENT IN THE MATHRUBHOOMI DAILY DTD. 06/11/2010. EXT.P.9: COPY OF THE PHOTOGRAPH. EXT.P.10: COPY OF THE PHOTOGRAPH. EXT.P.11: COPY OF THE PHOTOGRAPH. EXT.P.12: COPY OF THE COMMUNICATION DTD. 02/01/2009 OF TAHSILDAR, KOLLAM. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE MINUTES OF MEETING HELD ON 08/11/2008 IN THE PRESENCE OF THE DY. SUPDT. OF POLICE. EXT.R3.B: COPY OF THE COMMUNICATION DTD. 08/03/2010 ISSUED BY THE STATE COMMITTEE. EXT.R3.C: COPY OF THE RESIGNATION LETTER ISSUED ON THE LETTER HEAD OF THE SAMITHI. EXT.R3.D: COPY OF THE ORDER DTD. 08/10/2009 IN I.A. 4562/09 IN OS.NO. 640/09 OF THE ADDL. MUNSIFF COURT, KOLLAM. EXT.R3.E: COPY OF THE LETTER DTD. 27/04/2011 APPOINTING A RETURNING OFFICER & AUTHORIZING THE RETURNING OFFICER. EXT.R3.F: COPY OF THE NOTIFICATION DTD. 01/05/2011 ISSUED BY THE RETURNING OFFICER. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.12768 of 2011 ------------------------------------------- Dated this the 26th May, 2011 JUDGMENT Basant, J. The petitioner has filed this petition claiming issue of directions under Article 226 of the Constitution to respondents 1 and 2 police officials to afford protection for the peaceful conduct of an institution by name 'Vivekananda Edu City' conducted by the petitioner in a building belonging to Sree Narayana Samskarika Samithi. According to the petitioner, he had taken possession of the building as per Ext.P1 rent deed. He is thus in possession from 15.3.2011. He has been running the establishment there from 15.4.2011. While so, respondents 3 to 5 who appear to have some disputes with the ones, who entrusted possession to the petitioner under Ext.P1 rent deed, about their right to represent the Sree Narayana Samskarika Samithi have indulged in illegal obstruction to the running of the petitioner's establishment. According to the petitioners, he is in legal occupation and WPC No.12768/2011 2 respondents 3 to 4 have no semblance of right to interfere with this possession. He prays that protection may be afforded to the petitioner. 2. Respondents 3 to 5 have entered appearance. They do not dispute the fact of possession of the building by the petitioner. They appear to raise a contention that the ones, who are shown as parties to Ext.P1, to represent the Sree Narayana Samskarika Samithi do not have the legal competence to represent the Samithi. In these circumstances, the contention is that the ones, referred to in Ext.P1, have no right to hand over possession of the building to the petitioner on behalf of Sree Narayana Samskarika Samithi. What is of importance is that it is not disputed that in fact possession is with the petitioner. 3. We turned to the learned Government Pleader for submissions. The learned Government Pleader on behalf of respondents 1 and 2 submitted that in the perception of respondents 1 and 2, there is no threat to law and order. The petitioner is in possession of the building and is running the establishment by name “Vivekananda Edu City' in the building in question. Interim direction was WPC No.12768/2011 3 issued by the Vacation Bench which dealt with the matter on 13.5.2011 and respondents 1 and 2 were directed to take necessary steps if there is any law and order situation in the meanwhile. According to the learned Government Pleader, the petitioner is in possession of the building. He is conducting 'Vivekananda Edu City' in the building and there is no law and order situation now. 4. We have no hesitation to agree that the parties must get their disputes resolved by initiating appropriate proceedings before the civil court. If there be any dispute regarding the right to manage Sree Narayana Samskarika Samithi, that matter will have to be resolved by resort to proceedings before the civil court. But until such time that this dispute is resolved, we find that it is the common case that the petitioner is in possession and is running the Vivekananda Edu City in the building in question. In these circumstances, we are satisfied that appropriate directions can be issued to respondents 1 and 2. 5. In the result, a) This writ petition is allowed. b) Respondents 1 and 2 are directed to ensure that WPC No.12768/2011 4 necessary and adequate police protection is afforded to the petitioner for the peaceful conduct of Vivekananda Edu City in the building in question. 6. We make it clear that this direction is subject to orders which may be sought and obtained by the parties from the civil court in respect of the disputes regarding the right to manage the Sree Narayana Samskarika Samithi. sd/- R.BASANT JUDGE sd/- K.SURENDRA MOHAN JUDGE css/ TRUE COPY P.S.TO JUDGE