IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 WP(C).No. 6340 of 2009(J) ------------------------------------- PETITIONER: ------------------- SHIBU MANUEL, AGED 37 YEARS, S/O.MANUEL, THAIPPARAMBIL HOUSE, ELOOR VILLAGE, UDYOGAMANDAL P.O. BY ADVS. MR.A.X.VARGHESE, MR.A.V.JOJO. RESPONDENTS: ------------------------ 1. SUPERINTENDENT OF POLICE, RURAL ALUVA. 2. SUB INSPECTOR OF POLICE, ELOOR POLICE STATION. 3. CIRCLE INSPECTOR OF POLICE, NORTH POLICE STATION, ERNAKULAM. 4. WILLIAM PERERA, S/O.LUIS PERERA, HOUSE NO.10/115, (12/494), KUTTIKKAPARAMBU HOUSE, ELOOR VILLAGE, UDYOGAMANDAL P.O. 5. LIVONI PERERA, W/O.WILLIAM PERERA, HOUSE NO.10/115, (12/494), KUTTIKKAPARAMBU HOUSE, ELOOR VILLAGE, UDYOGAMANDAL P.O. 6. WINSTON PERERA, S/O.WILLIAM PERERA, HOUSE NO.10/115, (12/494), KUTTIKKAPARAMBU HOUSE, ELOOR VILLAGE, UDYOGAMANDAL P.O. R1 TO R3 BY GOVT. PLEADER MR. BENJAMIN PAUL, R4 TO R6 BY ADV. MR. MANZOOR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6340/2009-J: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE COMPLAINT DTD. 25/02/09 GIVEN BY THE PETITIONER TO THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. J.B. Koshy,Ag.C.J. & V. Giri, J. ---------------------------------------- W.P.(C) No.6340 of 2009 J ---------------------------------------- Dated this the 5th day of March, 2009 Judgment Koshy, Ag.C.J. Petitioner has taken a room on rent for conducting a shop in the name of 'Manjappra Electronics Service Centre.” It is his case that he is not allowed to enter into his room. The learned counsel for the respondents submitted that many cases are pending against the petitioner. So long as the room is leased out, the petitioner cannot be prevented from entering into the room and if the landlord wants to evict him, he has to approach the Rent Control Court as provided under the Kerala Buildings (Lease and Rent Control) Act (for short 'the Act'). The room cannot be locked. It is also submitted by the landlord that the tenant has installed a split A/C without his consent and that the lease period is over and that is why the room was locked. If the lease period is over, the tenant will continue as a statutory tenant in view of the provisions of the Act and the landlord has no power to lock the building once it is leased out unless it is ordered to be evicted under the Act. If structural alterations are made without the consent of the landlord, it is for the W.P.(C) No.6340/2009 2 landlord to take that also as a ground in the petition for eviction. If the landlord is not opening the room, petitioner is allowed to break open the lock and enter the premises. Police should give necessary protection for the same, but, we make it clear that petitioner shall not threaten or create nuisance to others, taking shelter under this order. The writ petition is disposed of accordingly. J.B.Koshy Acting Chief Justice V. Giri Judge vaa