IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 27948 of 2010(P) ---------------------------------- PETITIONER(S): ------------------- ANTO P.R., S/O.PONTHENKANDAN RAPPAI, ANCHERRY DESOM, OLLUR VILLAGE, THRISSUR TALUK. BY ADVS. SMT.M.M.DEEPA SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): -------------------- 1. S.I. OF POLICE, OLLUR, THRISSUR. 2. CIRCLE INSPECTOR OF POLICE, OLLUR, THRISSUR. 3. SUPERINTENDENT OF POLICE, THRISSUR DISTRICT. 4. PRABHAKARAN, AGED 53 YEARS, S/O.C.R.NANU, CHULLIPARAMBIL HOUSE, PERUVANKULANGARA, OLLUR P.O., THRISSUR. 5. NIKHIL, AGED 28 YEARS, S/O.PRABHAKARAN, CHULLIPARAMBIL HOUSE, PERUVANKULANGARA, OLLUR P.O., THRISSUR. R1 TO R3 BY GOVT.PLEADER SRI. T.K. VIPINDAS R4 & R5 BY ADVS. SRI.R.SUDHISH SRI.SUSHANTH.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 27948/2010(P) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER IN R.C.P. NO. 18/2007 OF THE RENT CONTROL COURT, THRISSUR DATED 24/10/2009. P2: COPY OF THE REPRESENTATION DATED 28/08/2010 BEFORE THE 3RD RESPONDENT. P2(a):COPY OF THE REPRESENTATION DATED 28/08/2010 BEFORE THE 2ND RESPONDENT. P2(b):COPY OF THE REPRESENTATION DATED 28/08/2010 BEFORE THE 1ST RESPONDENT. P2(c): COPY OF THE RECEIPT FOR ACKNOWLEDGEMENT FOR THE 3RD RESPNDENT'S OFFICE. P2(d):COPY OF THE RECEIPT FOR ACKNOWLEDGEMENT FOR THE 2ND RESPONDENT'S OFFICE. P2(e):COPY OF THE RECEIPT FOR ACKNOWLEDGEMENT FOR THE 1ST RESPNDENT'S OFFICE. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE SVS/ THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.27948 OF 2010 ------------------------------------------- Dated this the 14th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner is the decree holder and the 4th respondent is a judgment debtor in terms of Ext.P1 order of eviction passed by the Rent Control Court. 5th respondent is the son of the 4th respondent. It is stated that the 4th respondent has filed a rent control appeal against Ext.P1. It is also an admitted situation that Ext.P1 has been executed through court and the decree holder/writ petitioner has been put in possession. With that, respondents 4 and 5 are not entitled to challenge the possession of the petitioner in the building in question. There appears to have some contention relating to some offer or agreement for sale involving certain other persons as well. The complaint of the petitioner is being agitated by the execution of the rent control court and therefore, respondents 4 and 5 are infuriated and the petitioner has been abused and threatened with sheer WPC.27948/10 2 consequences and this has been done in the presence of his wife and children. The petitioner also apprehends threat to his wife and children. He apprehends that respondents 4 and 5 may trespass into the property which has been put to him in execution of Ext.P1. Learned Government Pleader, on behalf of the police, submits that any due complaint would be taken care of. Learned counsel for respondents 4 and 5 states that his clients undertake that they will not trespass into the property or create any hindrance to the peaceful life of the petitioner and his family. He states that this writ petition is filed only to create certain bottlenecks as regards the prosecution of the rent control appeal, which appears to have delayed on account of change of counsel, whom the 4th respondent had engaged in relation to the filing of the appeal against Ext.P1 order. Recording the undertaking on behalf of respondents 4 and 5 as stated above, we direct that the police will ensure that law and order is maintained and any complaint of any offence is appropriately looked into in accordance with law. The writ petition is ordered WPC.27948/10 3 accordingly. We clarify that we have not mentioned anything in relation to the litigation pending between the parties elsewhere. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.17/09.