IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 24357 of 2009(L) --------------------------------------- PETITIONER: ------------------- KERALA FINANCIAL CORPORATION,BRANCH OFFICE, CENTURY COMPLEX, MATHA KOVIL ROAD, SULTANPET, PALAKKAD -678 001, REPRESENTED BY THE CHIEF MANAGER. BY ADV. SRI.K.JAJU BABU,S.C. RESPONDENTS: ------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, CHITTUR POLICE STATION,CHITTUR, PALAKKAD. 2. K.K.RAMACHANDRAN,S/O.LATE P.T.KANNAN NAIR, KACHERIMEDU, CHITTUR P.O. PALAKKAD-678 001. 3. K.SANTHAKUMAR, KACHERIPADAM KALAM, VITHANASSERRY, NENMARA P.O.,PALAKKAD DIST. R1 BY SR. GOVERNMENT PLEADER SRI. BENNY GERVASIS, R2 BY ADVS. SRI.SAJAN VARGHEESE .K, SRI.LIJU. M.P, R3 BY ADV. SRI.SANTHOSH MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24357/2009: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REQUEST DTD. 28/11/2003 BY THE R.2. BEFORE THE HON'BLE MINISTER FOR FINANCE. EXT.P.2: COPY OF THE COMMUNICATION DTD. 12/02/2004 SENT BY THE PETITIONER TO THE R.2. EXT.P.3: COPY OF THE DEMAND NOTICE DTD. 09/03/2005 ISSUED BY THE CHITTUR- THATHAMANGALAM MUNICIPALITY. EXT.P.4: COPY OF THE LETTER DTD. 17/05/2005 SENT BY THE PETITIONER TO THE CHITTUR-THATHAMANGALAM MUNICIPALITY. EXT.P.5: COPY OF THE DEMAND NOTICE DTD. 25/07/2009 BY THE CHITTUR- THATHAMANGALAM MUNICIPALITY. EXT.P.6: COPY OF THE SHOW CAUSE NOTICE NO. KFC/PKD/480/09 DTD. 15/06/2009 ISSUED BY THE ESTATE OFFICER/MANAGER, (P&A), KFC, TRIVANDRUM. EXT.P.7: COPY OF THE AUCTION NOTICE PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 07/07/2009. EXT.P.8: COPY OF THE COMMUNICATION DTD. 17/07/2009 SENT BY THE PETITIONER TO THE R.2. EXT.P.9: COPY OF THE CONFIRMATION LETTER DTD. 01/08/2009 VIDE NO.080109910/623/09 ISSUED BY THE PETITIONER. EXT.P.10: COPY OF THE LETTER DTD. 19/03/2009 OF THE R.2. EXT.P.11: COPY OF THE NOTICE DTD. 17/07/2009 ISSUED BY THE R.2. EXT.P.12: COPY OF THE LETTER DTD. 23/07/2009 OF THE R.2. EXT.P.13: COPY OF THE COMPLAINT DTD. 24/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.14: COPY OF THE COMPLAINT DTD. 25/07/2009 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.15: COPY OF THE CRIME NO.245/2009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR. EXT.P.16: COPY OF THE COMPLAINT C.M.P. NO. 3679/2010 DTD. 28/04/2010 FILED BY THE R.2. BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR AGAINST THE PETITIONER AND 12 OTHERS. EXT.P.17: COPY OF THE NOTICE DTD. 25/06/2010 ISSUED BY THE R.2. TO THE SUPERINTENDENT OF POLICE, PALAKKAD. W.P.(C). NO.24357/2009-L: EXT.P.18: COPY OF THE COMPLAINT DTD. 01/07/2010 FILED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, PALAKKAD. EXT.P.19: COPY OF THE NEWS REPORT APPEARED IN THE DESHABHIMANI DAILY DTD. 03/07/2010. EXT.P.20: COPY OF THE NOTICE DTD. 03/07/2010 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.21: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ADDL. CHIEF SECRETARY (FINANCE) GOVT. SECRETARIAT, TRIVANDRUM. EXT.P.22: COPY OF THE REPORT SUBMITTED BY THE MANAGER TO THE GOVERNMENT ON 17/02/2011. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE AGREEMENT DTD 01/09/1997 ENTERED BETWEEN THIS RESPONDENT AND SMT. KAVITHA. EXT.R2.B: COPY OF THE REPLY NOTICE DTD. 04/01/2009 ISSUED ON BEHALF OF A TENANT VIZ. SRI. K. MURALIDAS. EXT.R2.C: COPY OF THE REPLY NOTICE DTD. 10/12/08 SENT BY MRS. KAVITHA TO THIS RESPONDENT. EXT.R2.D: COPY OF THE NOTICE DTD. 23/07/2009 ISSUED TO THE CHIEF MANAGER OF THE PETITIONER. EXT.R2.E: COPY OF THE NOTICE DTD. 07/08/2009 ISSUED TO THE CHIEF MANAGER OF THE PETITIONER. EXT.R2.F: COPY OF THE PLAINT IN O.S. NO. 436/2009ON THE FILE OF THE MUNSIFF'S COURT, CHITTUR. //TRUE COPY// P.S. TO JUDGE. Prv. J. CHELAMESWAR, CJ & ANTONY DOMINIC, J. ------------------------------------------------------------------- W.P.(c) NO.24357 OF 2009 ------------------------------------------------------------------- Dated this the 28th day of February, 2011 J U D G M E N T J. Chelameswar, CJ The writ petition is filed by the Kerala Financial Corporation, the first respondent in WP(c).No.9983/2010. It is filed with the prayers as follows; “Issue a writ of mandamus or any other appropriate writ, order or direction , directing the Ist respondent to render effective and adequate police protection to the petitioner and its officers for the peaceful possession and enjoyment of the property and the shopping complex shown as item No.1 in Ext.P7 taken over by the Ist petitioner on 10.2.2004 as evidenced by Ext.P2 and also for transferring the same to the 3rd respondent against any forcible possession or interference by the 2nd respondent and his supporters. ii. Declare that the 2nd respondent has no right or authority to interfere with possession and enjoyment of the property and shopping complex described as item No.1 in Ext.P7 by the petitioner and its officers on the basis of taken over under Section 29 of the SFC Act, 1951 on 10.2.2004. ii. Issue such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. This writ petition indicates the pathetic state of affairs of the State owned Corporation. Just to demonstrate the situation we WPC.No.24357 /09 :2 : may extract the relevant portion of the pleadings at para 3 and 4 of the writ petition as follows; “3. On 19.3.2009 the 2nd respondent had made a demand for release of the property to him on payment of Rs.4.81 lakhs in 5 years . Copy of the letter dated 19.3.2009 of the 2nd respondent is produced herewith and marked as Ext.P10. On 25.5.2009 the 2nd respondent asked the petitioner, to initiate revenue recovery proceedings against the tenants saying that he has issued eviction notices to them claiming arrears of rent. On 17.7.2009 the 2nd respondent issued another notice demanding re-possession of the taken over building. Copy of said notice, is produced herewith and marked as Ext.P11. On 23.7.2009, the 2nd respondent informed that he has taken physical possession of the shopping complex. Copy of the said letter dated 23.7.2009, is produced herewith and marked as Ext.P12. At this juncture the petitioner filed a complaint before the Ist respondent seeking police intervention to protect the property. Copy of the said complaint dated 24.7.2009 is produced herewith and marked as Exhibit P13. The matter was again reported to the Police on 25.7.2009. On 25.7.2009 petitioner gave another petition seeking police protection. Copy of he said petition dated 25.7.2009 is produced herewith and marked as Exhibit P14. Thereafter police registered Crime No.245/2009 against the 2nd respondent alleging offence punishable under Section 448, 427 in IPC. Copy of the said FIR, produced herewith and marked as Exhibit. P15. 4. Apart from the communications produced in the above Writ Petition, the 2nd respondent sent several letters threatening and otherwise pressurizing the officials. On 1.8.2009 he issued a notice threatening action against officers of the Kerala Financial Corporation and Police Officers with copy to the Sub Inspector of Police, Chittur Police. Another threatening letter was issued on 7.8.2009. Probably on account of WPC.No.24357 /09 :3 : his threat after registering the crime evidenced by Ext.P15 the police is not granting effective and adequate police protection to the petitioner for possession and enjoyment of the property and shopping complex covered by Exts.P2,P7 and P8.” 3. The above extracted portion indicates the sheer inability of the State own corporation which is authorized by the law of Parliament to take possession of the property from a defaulter to protect the possession obtained by such process. We do understand that in a given situation, it becomes difficult to take possession of property, notwithstanding the letter of law, where lawless elements seek to disturb the peaceful possession of others. But here is a complaint of the State owned corporation made to the police regarding the interference with the property in possession of such Corporation, goes unattended to and the State owned corporation is constrained to approach this court seeking a mandamus to the Police Officers to discharge their duty. We do not propose to make any further comment on this matter. 4. In view of the dismissal of WP(c).No.9983/2010, we do not propose to pass any further orders in this writ petition. It is open to the petitioner to secure and protect possession, by taking appropriate measures which the State and the petitioner WPC.No.24357 /09 :4 : Corporation are authorized by law. Wit Petition is closed. ( J. CHELAMESWAR) JUDGE (ANTONY DOMINIC) JUDGE vi/