IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Con.Case(C).No. 226 of 2008(S) ---------------------------------------------------- AGAINST THE JUDGEMENT IN WPC.2379/2008 Dated 01/02/2008 .................... PETITIONER ------------------ BEJOY H., AGED 34 YEARS, S/O.R.H. NAIR, 33/2742, DWARAKA, VRINDAVAN ROAD, CHAKKARAPARAMBU, THAMMANAM P.O., KOCHI - 682 032. BY ADV. SRI.K.RAMAKUMAR (SR.), SRI.T.RAMPRASAD UNNI & SMT.SMITHA GEORGE RESPONDENTS: ------------------------ 1. MR.ABDUL BASHEER, AGED 37 S/O.LATE ADIMAKUTTY, 4-C, BCG GOLDEN ORCHID, RUBY LANE, THAMMANAM P.O., KOCHI 682 032. 2. MR SALIM, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, CIRCLE INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT. 3. MR.GEORGE JOSEPH, FATHER'A NAME AND AGE NOT KNOWN TO THE PETITIONER, SUB INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT. BY ADV. SRI.M.NARENDRA KUMAR R2 & R3 BY GOVERNMENT PLEADER SRI. M.P. SREEKRISHNAN THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K. M. JOSEPH, J. -------------------------------------------------- Cont. Case (C). NO.226 OF 2008 in W.P(C). NO. 2379 OF 2008 --------------------------------------------------- Dated this the 12th March, 2008 JUDGMENT H.L. DATTU, C.J: The fourth respondent in W.P.(C). No.2379/08 is the complainant in this Contempt Petition. 2. In the Petition the complainant alleges that the respondents have wilfully and deliberately disobeyed the orders and directions issued by this Court while disposing of W.P.(C). No.2379/08 on 1.2.2008. 3. Shri T. Ramprasad Unni, learned counsel appearing for the complainant would contend before us, that in the guise of giving police protection to the life of the writ petitioners, the Police Authorities have literally granted protection to the property of the respondents by putting them back in the two rooms which are said to have been leased out to the respondents. 4. One Mr. Abdul Basheer and Mrs. Jimsha Basheer had approached this Court in W.P.(C). No.2379/08, inter alia, seeking adequate police protection to the life and property of the petitioners and to continue their business in the shop rooms situated at Door No.34/135 E1, Ecolinks, N.H. Bye pass, Edappally, Kochi. 5. This Court while entertaining the Writ Petition, by Order dated 18.1.2008, had issued an interim order. The interim order reads as under: "Urgent Notice by special messenger. Meanwhile, police to see that petitioners are not evicted except under process of law, if they are in occupation of the premises as alleged by them. Police is also directed to see that lives of both petitioners and CC(C) NO. 226/08 2 respondents are not endangered. Post on 23.1.2008." 6. This Court by Order dated 1.2.2008 has disposed of the Writ Petition, after hearing the counsels appearing for the parties to the lis. While disposing of the Writ Petition, the learned Judges have noticed the claim of the petitioners that they are in possession of three rooms which they have taken on rentals from respondents 2 to 4. The learned Judges have also noticed that there is a Report of the Commissioner appointed in O.S. No.49 of 2008 in favour of the petitioners. Further, it is also noticed the stand of the contesting respondents that there was an agreement between the parties and in that agreement, the parties were allowed to run a super market by name, M/s. Nilgris Dairy Farm Pvt. Limited, but the rooms are misused for other purposes. Having noticed all these, the learned Judges disposed of the Writ Petition with a direction to the Police Authorities to give adequate police protection to the life of the petitioners. 7. In the Contempt Petition, it is alleged that the respondents while giving effect to the Orders passed by this Court on 1.2.2008, in fact, have given not only police protection to the life of the petitioners, but also they forcibly given possession of the three rooms at Door No.34/135 E1, Ecolinks, N.H. Bye Pass, Edappally. 8. The Circle Inspector of Police has filed a detailed Counter Affidavit to the Contempt Petition. It is stated therein that the petitioners have lodged a complaint on 28.1.2008 and in that it is alleged that the landlord has forcibly locked the three rooms which were in occupation of the tenant and therefore he had visited the place and requested the landlord to remove the locks. Further, it is stated that the landlord promptly without any protest, removed the lock which they had put. 9. He further states that he received the copy of the Judgment dated 1.2.2008, only on 5.2.2008 and thereafter there was yet another complaint from the tenant stating that the landlord has once again locked up the premises on 4.2.2008. CC(C) NO. 226/08 3 It is further stated by the Circle Inspector of Police that he had visited the premises and met the landlord and requested him to remove the locks and since the landlord had no objection, both the locks were removed with the help of other persons by using cutter, etc. 10. The only question that requires our consideration and decision is, whether the Circle Inspector or any other person has wilfully and deliberately disobeyed the orders and directions issued by this Court. 11. We have already noticed the interim order passed by this Court on 18.1.2008 and in that, there was a direction issued by this court that Police shall see that the petitioners are not evicted except under process of law, if they are in occupation of the premises as alleged by them. Since there was an attempt to evict the petitioners by the landlord, police have interfered in the matter. 12. There is yet another order passed by this Court on 1.2.2008 which only says that police protection is to be given to the life of the petitioners. 13. It is come on record that the petitioners are in possession of the three rooms. This assertion is disputed by the landlord. Since there was an interim order passed by this Court, the Police Authorities have taken some steps to put back the petitioners in possession of the three rooms situated in Door No.34/135 E1, Ecolinks, N.H. Bye Pass, Edappally. After final disposal of the Writ Petition, the Police Authorities, in order to maintain law and order situation, has come to the rescue of the petitioners. In view of this, we cannot say that the Circle Inspector of police and other party respondents have either deliberately or wilfully disobeyed the orders and directions issued by this Court while disposing of the Writ Petition on 1.2.2008. In view of the above, we do not intend to take cognizance of this Contempt Petition. Accordingly, this Contempt Petition is disposed. However, we make it clear that any CC(C) NO. 226/08 4 observation made in the course of our order, shall not in any way influence the civil court where the dispute between the parties is pending for consideration. The observations made by us are only for the purpose of disposal of this Contempt Petition. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, kbk. JUDGE