IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24238 of 2010(D) ------------------------------------------------- PETITIONER(S): ---------------------- SIVA BABU, S/O.K.PODIYAN, THADATHARIKATHU VEEDU, KALLUVETTAMKUZHI, KULATHIPUZHA, PATHANAPURAM TALUK, KOLLAM. BY ADV. SRI.T.S.RADHAKRISHNA PILLAI SRI.O.K.MURALEEDHARAN RESPONDENT(S): ------------------------- 1. DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. 2. THE CIRCLE INSPECTOR OF POLICE, KULATHUPUZHA. 3. THE SUB INSPECTOR OF POLICE, KULATHUPUZHA. 4. RINS S/O.RACHAEL THOMAS, VALAMPARAMBIL HOUSE, E.S.M.COLONY, KULATHUPUZHA. 5. RACHAEL THOMAS, VALAMPARAMBIL HOUSE, E.S.M. COLONY, KULATHUPUZHA. R1 TO R3 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SRI.PRAVEEN K. JOY FOR R4,5 SRI.T.A.JOY FOR R4,5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.24238 OF 2010 D PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF LETTER NO.479 OF DATED 9.3.2010 ISSUED BY THE DISABILITY BOARD. EXT.P2TRUE COPY OF LEASE DEED EXECUTED BY THE 5TH RESPONDENT AND THE PETITIONER DATED 29.1.1999. EXT.P3TRUE COPY OF LICENCE ISSUED BY THE KULATHUPUZHA PANCHAYAT ON 5.8.2004 TO THE PETITIONER. EXT.P4TRUE COPY OF BILL OF ELECTRICITY BOARD ISSUED TO THE PETITIONER ON 19.7.2010. EXT.P5TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P6TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R4(A) TRUE COPY OF THE NOTICE DATED 15/2/2008 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.PR4(B) TRUE PHOTO COPY OF THE AGREEMENT DATED 1/6/2009 EXECUTED BETWEEN THE PETITIONER AND THE 5TH RESPONDENT. EXT.R4(C) TRUE COPY OF THE DISCHARGE SUMMARY DATED 20/7/2010 OF KERALA INSTITUTE OF MEDICAL SCIENCE, TRIVANDRUM. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 24238 OF 2010 D --------------------------------------------------- Dated this the 12th August, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following relief: “Issue a writ of mandamus or other appropriate writ or order commanding respondents 1 to 3 to provide adequate and effective police protection to the petitioner to conduct his telephone booth by name “Swagath Communications” in Valamparambil building owned by the 5th respondent taken on rent as per Ext.P2 and its effective functioning without threat, fear or illegal intervention by the 4th respondent”. 2. Briefly put, the case of the petitioner is as follows: Petitioner is 100% physically handicapped person. The Authorities made necessary verifications and sanctioned a STD PWPC.24238/2010 D 2 Booth for the petitioner in the year 1999. Petitioner took a building owned by the fifth respondent on lease for five years vide Ext.P2 consent statement and is conducting the telephone booth there. Petitioner is having licence and is paying electricity charges. Fourth respondent is the son of the fifth respondent employed in Middle East. He came on leave and approached the petitioner to give vacant possession of the room and the petitioner has no other income. He has a mother to support. Since the fourth respondent threatened with dire consequences, petitioner submitted Exts.P5 and P6 before the Police Authorities. 3. A Counter is filed by respondents 4 and 5. In the Counter Affidavit of the party respondents, it is alleged that notice was issued for eviction of the petitioner for reconstruction of the building vide Ext.R4(a) dated 15.2.2008. It is further stated that after receipt of the notice, the petitioner along with mediators approached the fifth respondent and wanted some time for vacating the building. It was agreed by the petitioner PWPC.24238/2010 D 3 that since all the other tenants vacated the building, since it is an old dilapidated one and it requires reconstruction. Thus, an agreement was reached between the parties that the petitioner shall vacate the building on or before 30.11.2009 unconditionally and shall pay the rent. It is stated that the petitioner has approached this Court with unclean hands. It is stated that the petitioner does not have a licence from the Municipality at all. For the last ten months, rent is not paid. There cannot be any allegation against the fifth respondent who is an old aged lady and was hospitalised for several days. 4. Petitioner has filed a Reply Affidavit. In the same, it is, inte alia, stated that the allegation that the building is vacated by others is denied. The ground floor of the building is even now occupied by Hotel “Vasantham”. On the first floor, others are occupying. It is also stated that there is an understanding between Shri Babu, the brother of the fifth respondent and the proprietor of the hotel to get the petitioner vacated. The agreement produced as Ext.R4(b) is got signed by Shri Siva PWPC.24238/2010 D 4 Babu on blank paper and stamp paper, who is hundred percent physically handicapped person who has not read the contents of Ext.R4(b). His mother who is a Sales Woman in a small dry fish shop requested for a copy of of Ext.R4(b) to see Babu. He promised that it will be given to her. But, so far, it was not done. It is stated that there is no arrears of rent. 5. We heard the learned counsel for the petitioner, learned counsel for the party respondents and also the learned Government Pleader. It is not in dispute that the petitioner has not produced Ext.R4(b). Of course, he has a case that he only put his signature on a blank paper. As to whether it was an agreement enforceable in law, is a question not to be gone into under Article 226 of the Constitution of India. Learned counsel for respondents 4 and 5 would submit that respondents 4 and 5 have no intention to cause any threat to the life of the petitioner, and that they will not forcibly dispossess the petitioner. We record the said submission. We make the interim order absolute PWPC.24238/2010 D 5 and we relegate the parties to pursue the remedies open to them before the competent Forum. The Writ Petition is disposed of as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge