IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 25811 of 2011(B) --------------------------------------- PETITIONER(S): ----------------------- M.D.RAJESH, RAJESH BHAVAN, KOKKOTHAMANGALAM.P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): --------------------------- 1. SUB INSPECTOR OF POLICE, VAIKKOM POLICE STATION, VAIKKOM, KOTTAYAM DISTRICT.PIN-686 141 2. DHEEVARA EDUCATION TRUST, NO.88/2000, REP. BY ITS SECRETARY, SURENDRAN, NISHA BHAVAN, THALAYALAM VILLAGE, VAIKKOM, KOTTAYAM DISTRICT.PIN- 686 607 3. V.MANOHARAN, KULANGARAYIL HOUSE, MURINJAPUZHA, CHEMBU.P.O., VAIKKOM, KOTTAYAM DISTRICT.PIN-686 615 4. M.K.RAJU, MATHAVALLIL HOUSE, T.V.PURAM.P.O., VAIKKOM, KOTTAYAM DISTRICT.PIN-686 138 R1 BY GOVERNMENT PLEADER SMT.K.T.LILLY R3 & R4 BY ADV. SRI.MATHEW JOHN SRI.DOMSON J.VATTAKUZHY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.25811/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE RENT DEED DATED 8/7/2011 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. P2 COPY OF THE JUDGMENT DATED 23/11/2009 IN RCR NO.278/2009 OF THIS HON'BLE COURT. P3 COPY OF THE COMPLAINT DATED 26/07/2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P3(A) COPY OF THE RECEIPT DATED 26/07/2011 ISSUED BY THE 1ST RESPONDENT EVIDENCING RECEIPT OF EXT.P3. RESPONDENT'S EXHIBITS: R3(A) COPY OF THE PLAINT IN O.S.NO.323 OF 2007, MUNSIFF'S COURT, VAIKOM. R3(B) COPY OF THE JUDGMENT DATED 27/6/2008 IN OS NO.323 OF 2007 MUNSIFF'S COURT, VAIKOM. R3(C) COPY OF THE JUDGMENT DATED 15/12/2009 IN A.S.NO.219 OF 2008, DISTRICT COURT,KOTTAYAM. /TRUE COPY/ P.S.TO.JUDGE sts PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 25811 of 2011 ----------------------------------------------- Dated this the 12th day of October, 2011 J U D G M E N T Pius C.Kuriakose, J. In this writ petition under Article 226 the petitioner who claims to be lessee of a room in Ext. P1 rent deed executed by the second respondent Dheevara Education Trust seeks police protection for the peaceful possession and enjoyment of the room and also for conduct of business. Respondent Nos. 3 and 4 have filed a counter affidavit where they contend that the 2nd respondent had no authority to let out the building to the petitioner. According to them, it is the Dheevara Education Trust to which they owe allegiance which is having power of disposal over the building. 2. Having heard the submissions addressed before us by Sri. R.Krishnakumar, learned counsel for the petitioner and Sri.Mathew John, learned counsel for respondents 3 and WP(C).25811/11 -2- 4 and Smt. K.T. Lilly, Government Pleader we feel that it is too early for the petitioner to seek police protection from this court for the enjoyment of the building in question. According to us, the issue has to be decided by the civil court which we are told has already been moved. Giving liberty to the petitioner to move this court afresh on the basis of decision taken by the civil court we close this writ petition without examining merits of the grounds. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-