IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 WP(C).No. 25485 of 2009(O) -------------------------- AGAINST THE ORDER DATED 28 / 08 /2009 IN IA 2579/2009 IN CMA.10/2009 of SUB COURT, TIRUR .................... PETITIONER(S): --------------- ARIF, S/O.BEERANTE PURAKKAL KUNJUMOHAMMED, AGED 32 YEARS, RAIRAMANGALAM AMSOM, TANUR DESOM, TIRUR TALUK, MALAPPURAM. BY ADV. SMT.VEENA HARI RESPONDENT(S): --------------- 1. CHEKKAMADATH KUTTY BAVA HAJI, 61 YEARS, S/O.MOHAMMEDKUTTY, PARIYAPURAM AMSOM DESOM, OTTUMPURAM, P.O.TANUR, TANUR TALUK. 2. CHEKKAMADATH SHAFI, 33 YEARS, S/O.KUTTY BAVA HAJI, DO. DO. 3. CHEKKAMADATH SALEEM, 31 YEARS, S/O.KUTTY BAVA HAJI, DO. DO. 4. CHEKKAMADATH NAZER, 34 YEARS, S/O.ALI MOHAMMED, DO. DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.25485 of 2009 - O --------------------------------- Dated this the 18th day of September, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To direct the Sub Court, Tirur to permit the petitioner to handover the movables to respondents 1 to 3 in the presence of Amin and ensuring the safety of the petitioner.” 2. Petitioner is stated to be a third party who had been entrusted with some movables from a building under the occupation of the defendants when they were evicted from that building by orders of the court. Petitioner had undertaken to produce the articles as and when directed by the court. Subsequently, when the defendants moved an application for returning the articles the petitioner demanded a sum of Rs.6,100/- as his expenses for retaining the articles contending that the articles are kept locked in a room taken by him and also he had met some transportation expenses. The court after considering his request directed the defendants to pay a sum of Rs.1,000/- reserving the right of the petitioner to agitate his W.P.(C).No.25485 of 2009 - O 2 claim, subsequently, after returning of the articles. It is the case of the petitioner that he was prepared to hand over the articles but he was manhandled by the defendants and consequent to the injuries sustained he was hospitalized. A crime was also registered on the basis of the incident, is the submission of the learned counsel. It was under the above circumstances, petitioner has filed the writ petition seeking the aforementioned relief invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. After having heard the learned counsel for the petitioner, I called for a report from the learned Sub Judge as to the circumstances which warranted the handing over the articles to a third party when the defendants were evicted from a building. A report has been submitted by the learned Sub Judge as directed. I am satisfied of the circumstances narrated in the report which necessitated handing over the articles to a third party. Considering the facts and circumstances involved, I find no notice to the respondents is necessary and it is dispensed with. W.P.(C).No.25485 of 2009 - O 3 4. At the time of hearing the learned counsel for the petitioner wanted only the issue of a direction/order to the court below to depute a court official and fixing the date and time directing the defendants to receive the articles at the place where it is locked. He may not be burdened with the transportation of the articles to court is the further submission of the counsel. I direct the petitioner to make the submissions as indicated above before the court below, and if so made, needless to point out the court shall consider such submissions and pass appropriate orders. The court shall see that the petitioner is not troubled to meet further expenses for handing over the articles to the defendant. His claim already moved which is pending shall be considered on its merits by the court below after handing over the articles. Writ petition is disposed as above. Send a copy of the judgment to the court below forthwith. S.S.SATHEESACHANDRAN, JUDGE. bkn/-