IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 27482 of 2009(E) -------------------------- PETITIONER(S): --------------- K.V.KUNJUMON, MALABAR HOTEL, GULIKKADAVU P.O, AGALI. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------- 1. P.V.ALIYAR, S/O.BEERANKUTTY, KOTTATHARAYIL HOUSE, MANNARKKAD TALUK, GULIKKADAVU, AGALY. 2. V.V.ASHRAF, S/O.ALIYAR, RESIDING DO. 3. SUB INSPECTOR OF POLICE, AGALY. ADV. SRI.M.M.SAIDU MUHAMMED FOR R1-2 SMT.REENA MATHEW (THEVALAKKATTU) FOR R1-2 GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.27482 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the licence issued by Agaly Grama Panchayath dated 12.5.2009. Ext.P2: True copy of the tax receipt dated 5.5.2006. Ext.P3: True copy of the agreement dated 16.10.2007. Ext.P4: True copy of the complaint filed by the petitioner before the 3rd respondent dated 24.9.2009. RESPONDENTS' EXHIBITS: Ext.R1(a): True photostat copy of the Rent Deed dated 30.12.2006 executed between the petitioner and the 1st respondent. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 27482 OF 2009 --------------------------------------------- Dated this the 29th day of October, 2009 JUDGMENT Kurian Joseph, J. Writ petition has been filed with the following prayer. a) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 3rd respondent to give adequate and necessary police protection to the life and property of the Petitioner namely “Hotel Malabar”, Agaly. Respondents 1 and 2 have instituted a Civil suit in O.S No.116/09 on the file of the Munsif's Court Manarkkad claiming that they are tenants in respect of the very same premises and they cannot be evicted otherwise than in accordance with law. In view of the pendency of the civil suit referred to above, it is not proper for this Court to grant any relief to the petitioner. It will be open to the parties to work out their reliefs before the Civil Court. The writ petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE spc W.P.(C) NO. 2