IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 12402 of 2011(A) ---------------------------------- PETITIONER(S): ------------------- 1. VIKRAMAN PILLAI G., S/O. GOVINDA PILLAI, M.G.MANGALATH, KONNAMANKARA MURI, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT. 2. AJI P.P., AGED 33 YEARS, S/O. PUSHPAGADAN, AJI NILAYAM, KANNAMKODE MURI, ADOOR VILLAGE, ADOOR TALUK. 3. N.ANIL KUMAR, ADOVCATE, MUTTATHU KIZHAKKETHIL, ANGADICKAL THEKKU MURI, ANGADICKAL VILLAGE. 4. SOMAN, S/O. NANU, MOTTAVILAYIL, THUVAYOOR VADAKKU MURI, ERATHU VILLAGE, ADOOR TALUK. 5. REJI GEORGE, S/O. KUNJACHAN, CHARUVIL PUTHEN VEEDU, THUVAYOOR VADAKKU MURI, ADOOR VILLAGE. 6. K.N.SUNILBABU, S/O. A.N.NILINAKSHAN, KAMALALAYAM VEEDU, PANNIVIZHA MURI, ADOOR. 7. A.N.NILINAKSHAN, S/O. NANU, KAMALALAYAM VEEDU, PANNIVIZHA MURI, ADOOR VILLAGE. 8. VINOD KUMAR T.P., S/O. THANKAPPAN ACHARY PADMASREE, NEDUMON MURI, ADOOR VILLAGE AND PRESENTLY DOING BUSINESS AT SNDP UNION BUILDING, PRIVATE BUS STAND, ADOOR. svs .............2/-... ...2... WPC.NO.12402/2011 9. V.RAJESH KUMAR, S/O.T.S.VIJAYENDRAN NAIR CHITHRA BHAVAN, ERATHU MURI, ERATHU VILLAGE. 10. GEETHA RAJAN, D/O. KAMALAKARA PANICKER, KAUSHUBHAM, PANNIVIZHA MURI, ADOOR VILLAGE, BY ADVS. SRI.V.PHILIP MATHEW SRI.JOSEPH RONY JOSE RESPONDENT(S): -------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, ADOOR, ADOOR P.O., PATHANAMTHITTA DISTRICT - 691 523. 2. CIRCLE INSPECTOR OF POLICE, ADOOR, PATHANAMTHITTA DISTRICT - 691 523. 3. SNDP UNION, ADOOR TALUK, RERESENTED BY ITS PRESENT PRESIDENT MR.B.R.NIBURAJ S/O. K.BABURAJ, BINU BHAVAN, MELOODU MURI, PERINGANAD VILLAGE, ADOOR, ADOOR P.O. - 691 523. R1 & R2 BY GOVT.PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 12402/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RENT CONTROL PETITION FILED AGAINST FIRST PETITIONER. P2: COPY OF THE RENT CONTROL PETITION FILED AGAINST 2ND PETITIONER. P3: COPY OF THE RENT CONTROL PETITION FILED AGAINST 3RD PETITIONER. P4: COPY OF THE RENT CONTROL PETITION FILED AGAINST 4TH PETITIONER. P5: COPY OF THE RENT CONTROL PETITION FILED AGAINST 5TH PETITIONER. P6: COPY OF THE RENT CONTROL PETITION FILED AGAINST 6TH PETITIONER. P7: COPY OF THE RENT CONTROL PETITION FILED AGAINST 7TH PETITIONER. P8: COPY OF THE RENT CONTROL PETITION FILED AGAINST 8TH PETITIONER. P9: COPY OF THE RENT CONTROL PETITION FILED AGAINST 9TH PETITIONER. P10: COPY OF THE RENT CONTROL PETITION FILED AGAINST 10TH PETITIONER. P11: COPY OF THE REPRESENTATION SUBMITTED TO THE FIRST RESPONDENT. P12: COPY OF THE RECEIPT ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.12402 of 2011 ------------------------------------------- Dated this the 23rd May, 2011 JUDGMENT Basant, J. The petitioners, ten in number, have come to this Court seeking issue of directions for police protection to respondents 1 and 2 against apprehended culpable conduct from respondent No.3. 2. According to the petitioners, they are tenants of different portions of a common building belonging to the third respondent. The third respondent is initiating proceedings to claim vacant possession from petitioners 1 to 10. But, according to the petitioners, respondent No.3 is attempting to take law into his hands and forcibly throw the petitioners out of possession by use of violence. In these circumstances, the petitioners pray that directions under Article 226 may be issued to respondents 1 and 2 to ensure that protection is afforded to petitioners 1 to 10. 3. The third respondent though served has not chosen to enter appearance. 4. The learned Government Pleader after taking instructions from respondents 1 and 2 submits that the WPC No.12402 of 2011 2 third respondent has been contacted and he has assured that no violence shall be resorted to secure eviction of the petitioners. If there be any such culpable conduct on the part of the third respondent to take law into his hands and attempt to secure eviction of petitioners 1 to 10 by use of violence, necessary action shall be taken to afford protection to petitioners 1 to 10, submits the learned Government Pleader. 5. We are satisfied that the submissions of the learned Government Pleader can be accepted. We accept the submission of the learned Government Pleader that police protection shall be afforded to petitioners 1 to 10 against any action on the part of the third respondent to forcibly evict them from possession of properties. 6. This writ petition is accordingly allowed to the above extent. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/