IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).No. 27894 of 2010(J) ---------------------------------------- PETITIONER(S): ------------------------ S. SATHEESH, AGED 49 YEARS, S/O.SREEDHARAN, RESIDING AT LATHIKA BHAVAN, KALLAMPALLY, SREEKARIYAM, THIRUVANANTHAPURAM-695 022. BY ADV. SRI.NAGARAJ NARAYANAN, SRI.RAJAN VELLOTH, SRI.SAIJO HASSAN, SRI.BENOJ C AUGUSTIN, SRI.PRATHAP PILLAI. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 011. 2. INSPECTOR GENERAL OF POLICE, SOUTH ZONE, THIRUVANANTHAPURAM-695 036. 3. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014. 4. THE SUB INSPECTOR OF POLICE, KOVALAM POLICE STATION, KOVALAM, THIRUVANANTHAPURAM-695 015. WP(C).No. 27894 of 2010(J) 5. SHYLAJA, D/O.VISWAMMA, ASWATHI, KOVALAM BEANCH ROAD, KOVALAM, THIRUVANANTHAPURAM-695 015. 6. VIJAYAN, ASWATHI, KOVALAM BEANCH ROAD, KOVALAM, THIRUVANANTHAPURAM-695 015. R1 TO R4 BY GOVT. PLEADER MR.T.K. VIPINDAS. R5 & R6 BY ADV. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27894 of 2010(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LEASE AGREEMENT DATED 07/01/2006. EXT.P2: COPY OF THE MODIFIED LEASE AGREEMENT DATED 12/02/2007. EXT.P3: COPY OF THE LICENSE ISSUED TO THE PETITIONER FROM THE VIZHINJAM GRAMA PANCHAYATH DATED 12/08/2010. EXT.P4: COPY OF THE INJUNCTION ORDER PASSED BY THE II ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM IN I.A. NO.8658/2008 IN O.S. NO.1793/2008 DATED 18/10/2008. EXT.P5: COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 28/06/2010. EXT.P6: COPY OF THE RECEIPT ISSUED TO THE PETITIONER BY THE 4TH RESPONDENT DATED 28/06/2010. EXT.P7: COPY OF THE REPRESENTATION DATED 10/07/2010. EXT.P8: COPY OF THE REPRESENTATION DATED 10/07/2010. EXT.P9: COPY OF THE FIRST INFORMATION REPORT DATED 28/07/2010. EXT.P10: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTED 04/09/2010. EXT.P11: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 04/09/2010. EXT.P12: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 04/09/2010. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. Thottathil B.Radhakrishnan & P.Q.Barkath Ali, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.27894 of 2010-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of September, 2010. Judgment Thottathil B.Radhakrishnan, J. The petitioner says that he is a tenant of the 5th respondent. The learned counsel for the 5th respondent states that the entrustment of the portion of the building claimed by the petitioner to him as a tenant is admitted, though the case of respondents 5 and 6 is that the petitioner had vacated the premises but was authorised to keep his utensils in one or two rooms. We are clear in our mind that this is not a dispute to be resolved through the writ court. Evidently, this was the reason that this Court had restricted the interim order granted on 8.9.2010 to be one for life of the petitioner and his workers as against any threat from respondents 5 and 6. That does WPC27894/10 -: 2 :- not mean that the police can, under the cover of that order, change the actual fact situation which may be available. Therefore, we order that the police will continue to ensure that the petitioner and any of his workers are provided adequate protection, however that, the police will not insist on them being permitted to carry on any particular activity in the building in question. We clarify that either of the parties will be at liberty to move the competent court and obtain appropriate orders or even to get further relief in the matter in which Ext.P4 order has been issued. We leave open all other questions. The writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.Q.Barkath Ali, Judge. Sha/1609