IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 34524 of 2010(M) --------------------------------------- PETITIONERS: --------------------- 1. SARAMMA, AGED 55, W/O. JOHN JOSEPH, KAKKANATTU PARAMBIL HOUSE, ENGAKKADU VILLAGE, P.O. ENGAKKADU, WADAKKANCHERRY, THALAPPALLY TALUK. 2. CHAKRAPANI.P.S., AGED 60, S/O. SIVARAMAKRISHNA VAIDYAR, THEKKETHARA KINNATTINKARA MADAM, PAZHAYANNUR VILLAGE, THALAPPILLY TALUK. 3. RAMESH, AGED 29, S/O. P.K. MADHAVAN, VADAKKEPOTTA PUTHENCHIRAKKAL HOUSE, PUTHUKKAD VILLAGE, ALATHUR TALUK. 4. SANTHOSH, S/O. SANKARAN, KUMBALAKODE THADATHIL HOUSE, PAZHAYANNUR VILLAGE, THALAPPILLY TALUK. 5. RAMASWAMY GURUKKAL, S/O. NANU GURUKKAL, BELONGING TO N.R.V. MANDIRAM, PAZHAYANNUR VILLAGE, THALAPPILLY TALUK. BY ADVS. SRI.G.SREEKUMAR (CHELUR), SRI. RAVI K. (PARIYARATH). RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVT. HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE SUB DIVISIONAL MAGISTRATE, OFFICE OF THE SUB DIVISIONAL MAGISTRATE, COLLECTORATE, THRISSUR – 680 01. 3. THE SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, THRISSUR DISTICT – 680 587. W.P.(C). NO.34524/2010-M: 4. KRISHNAN V., S/O. VELLA, ACHATTUPADY COLONY, PAZHAYANNUR, THRISSUR DISTRICT – 680 587. 5. CHADRIKA, W/O. KUMBALAMKODU KOTHANATHU KESAVANKUTTY NAIR, CHITRA NIVAS, PAZHAYANNUR.P.O., THALAPPILLY TALUK, THRISSUR DISTRICT – 680 587. 6. KOSHORE KUTTY PRAKASAN @ GOVINDANKUTTY, S/O. CHADRIKA, CHITRA NIVAS, PAZHAYANNUR.P.O., THALAPPILLY TALUK, THRISSUR DISTRICT – 680 587. R1 TO R3 BY GOVT. PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 34524 OF 2010 ===================== Dated this the 16th day of November, 2010 J U D G M E N T Petitioners are tenants of the 5th respondent. Apprehending that the 5th respondent will forcefully evict the petitioners from the tenanted premises, petitioners filed a suit before the Munsiff's Court, Wadakkancherry as OS 130/10. In that suit, according to the petitioners, the Munsiff Court has also passed order of injunction restraining the defendants in the suit from dispossessing the petitioners from the tenanted premises. 2. It is stated that during the pendency of the suit, in which the defendants have also filed their written statement, at the instance of the land lord, proceedings were got initiated through another person under Section 133 Cr.P.C. It is stated that in that proceedings, Ext.P3 conditional order has been passed by the 2nd respondent requiring the landlords to demolish the premises, or to appear before the 2nd respondent on 19/11/2010. 3. Petitioners are not parties in the aforesaid proceedings and according to the counsel for the petitioners, they have already filed their application for getting themselves impleaded WPC No. 34524/10 :2 : and for filing their objections in the matter. 4. Now according to the petitioners, they have approached this Court by filing this writ petition on the basis of an apprehension that Ext.P3 order will be implemented and the tenanted premises will be demolished in the purported compliance of Ext.P3. On this basis, the petitioners seek a direction from this Court to defer further proceedings pursuant to Ext.P3 until orders are passed hearing them also. 5. As at present, Ext.P3 is only a conditional order. Parties are directed to appear before the 2nd respondent and contest the matter. Though the petitioners are not parties, having regard to the nature of the grievance that they have raised in the writ petition, it is open to the petitioners to appear before the 2nd respondent and put forward their objections also in the matter. In the meantime, I have no reason to think that Ext.P3 will be implemented by force as apprehended by the petitioners and there is absolutely no material produced in this writ petition justifying that apprehension. In that view of the matter, I dispose of this writ petition WPC No. 34524/10 :3 : directing that it will be open to the petitioners to appear before the 2nd respondent, contest the mater and seek appropriate orders in the proceedings. ANTONY DOMINIC, JUDGE Rp