IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 16637 of 2008(E) -------------------------- PETITIONER: --------------- M.SHAHUL HAMEED, S/O.MOHAMMED HANEEFA, TC 45/780, PUTHUVAL HOUSE, BEEMAPALLY, TRIVANDRUM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: --------------- 1. CIRCLE INSPECTOR OF POLICE, POONTHURA, TRIVANDRUM. 2. SUB INSPECTOR OF POLICE, POONTHURA, TRIVANDRUM. 3. P.M.FAROOK, TC 45/767, BEEMAPALLY, TRIVANDRUM. 4. K.M.BASHEER, CRESCENT STORE, NEAR BEEMA MAHEEN MEMORIAL HIGHER SECONDARY SCHOOL, BEEMAPALLY, TRIVANDRUM. 5. ABDUL KADER, SAMEENA COTTAGE, NEAR MATSY BHAVAN, BEEMAPALLY, TRIVANDRUM. 6. SHAJAHAN, MARHABA HOTEL, S.M.LOCK JUNCTION, POONTHURA, TRIVANDRUM. 7. HASHIM.R, TC 42/190, NOORJAHAN MANSIL, BEEMAPALLY, TRIVANDRUM. GOVERNMENT PLEADER, SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16637/2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE COMPLAINT DT.30.5.2008 BEFORE THE 1ST RESPONDENT. //TRUE COPY// PA TO JUDGE K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ------------------------------------- W.P.(C) No.16637 OF 2008 -------------------------------------- Dated this the 13th day of October, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner has approached this Court alleging that his wife's relatives who are the respondents 3 to 7 are trying to evict him from a property owned by him. In the above background, the petitioner has filed Ext.P1 petition before the police seeking necessary protection, so that, he can continue to reside there. 2. The learned Government Pleader, upon instructions, submitted that the petitioner has already vacated the building. The wife has taken possession of the building and she has already mortgaged it to a 3rd party. Now, the petitioner has preferred a petition before the police against the said 3rd party. W.P.(C) No.16637/2008 2 3. In view of the subsequent developments, the cause of action based on which the petitioner has moved the police for protection, no longer survives. Accordingly, this writ petition is closed without prejudice to the contentions of the petitioner. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps