IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 26987 of 2011(W) -------------------------------- PETITIONER(S): ----------------- ABRAHAM PHILIP VELLOKKADAN, KAKKANAD HOUSE,KAKKANAD P.O. VAZHAKKALA VILLAGE,KANAYANNUR TALUK, ERNAKULAM. BY ADV. SRI.M.T.SURESHKUMAR SRI.V.V.RAJA RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL,ERNAKULAM DISTRICT.-683101 3. C.I. OF POLICE,KAKKANAD, ERNAKULAM DISTRICT.-682030 4. THE SUB INSPECTOR OF POLICE, THRIKKAKKARA POLICE STATION, ERNAKULAM DISTRICT.-682028 5. DR.QUASAR SALEEM PADIATH, S/O.A.SALEEM,#22A,CRS LAYOUT,RAMANATHAPURAM, COIMBATHOOR-590045 WP(C).No. 26987 of 2011(W) -2- 6. VIJAYARAJAN, AGED 40 YEARS, S/O.K.K.THANKAPPAN,HOUSE NO. 38/303, GANDHI NAGAR,KARSHANKA ROAD,ERNAKULAM.-682020 7. P.A. SARU, W/O.A.SALEEM,#22A, CRS LAYOUT,RAMANATHAPURAM,COCIMBATORE-590045. ADV. SRI.ANIL S.RAJ FOR R7 SMT.K.N.RAJANI FOR R7 GOVT. PLEADER SRI.DHANESH MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE AGREEMENT DATED 08/09/10. EXT.P2:- TRUE COPY OF THE COMPLAINT DATED 17/08/11 //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ W. P. C. No.26987 of 2011 ------------------------------------------------ Dated this the 20th day of October, 2011 JUDGMENT Pius C. Kuriakose, J It is submitted by the counsel for the 7th respondent who is the landlord of the building in question that there will not be any objection to the landlord to the petitioner removing his valuables from the building so as to enable him to surrender possession of the building. We direct the petitioner to go to the building in question at 10.00 a.m. tomorrow i.e. Friday 21st October 2011 and to remove all the movables belonging to him from the house which is described in Ext.P1 and to surrender the key and possession of the building in favour of the 7th respondent once all the things belonging to the petitioner are removed from the building. We record the assurance of the 7th respondent that no obstruction will be caused by the 7th respondent to the petitioner removing all his things. The dispute between the W. P. C. No.26987 of 2011 -2- parties as to whether amounts are deposited with the landlord by way of security or advance or on account of arrears of rent due are all left open to be decided in appropriate other proceedings. This Writ Petition is disposed of accordingly. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-