IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 32340 of 2008(Y) -------------------------- PETITIONER: ------------- C.K.PRAKASHAN, AGED 41 YEARS, S/O.C.K.GOPALAN, PUNATHIL METHAL HOUSE, P.O.VELLIPARAMBA, KOZHIKODE-678008. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.ANEISH RAVINDRA RESPONDENTS: --------------- 1. THE COMMISSIONER OF POLICE, KOZHIKODE. 2. THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, KOZHIKODE. 3. THE SUB INSPECTOR OF POLICE, KUNNAMANGALAM. 4. K.LEENA, W/O.DINESH BABU, 'ALENA HOUSE', P.O.PUTHIYARA, KOZHIKODE-673004. 5. DINESH BABU, 'ALENA HOUSE', P.O.PUTHIYARA, KOZHIKODE-673004. 6. NESLY @ LACHU, S/O.YOUSEF HAJI, KINATHIYIL VEEDU, PERINTALMANNA, MALAPPURAM. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 32340/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE DEMAND DRAFT DATED 12.6.08 DRAWN ON SOUTH INDIAN BANK, KOZHIKODE MAIN BRANCH FOR RS.49,000/-. EXT.P2: TRUE COPY OF THE LETTER DATED 12.6.08 ISSUED BY THE PETITOINER TO THE 4TH RESPONDENT. EXT.P3: TRUE COPY OF THE INTIMATION DATED 18.7.08 ISSUED BY THE SECRETARY, KOZHIKODE CORPORATION. EXT.P4: TRUE COPY OF THE JUDGMENT DATED 29.7.08 IN W.P.(C)No.22792/08 OF THIS COURT. EXT.P5: TRUE COPY OF THE ORDER DATED 24.10.08 ON I.A.No.5067/08 OF THE MUNSIFF'S COURT, KOZHIKODE. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 27.10.08 MADE BY THE PETITIONER BEFORE THE 1ST RESPONDENT. TRUE COPY K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.32340 OF 2008 Y ----------------------------------------------------- DATED THIS THE 4th DAY OF NOVEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the tenant of a shop room at Pottammal, Kozhikode. He is running a furniture shop there. 4th respondent is the owner of the building. 5th respondent is her husband. 6th respondent is the proposed buyer of that property. The petitioner alleges, without taking recourse to the provisions of the Kerala Buildings (Lease and Rent Control)Act, they are employing illegal methods to throw out the petitioner. For that threat of violence is also held out to the petitioner to compel him to give vacant possession of the shop room. In the above background, the petitioner moved the civil court and obtained Exhibit P5 injunction order against those respondents. The civil court restrained them from evicting the writ petitioner, using force. Even, thereafter, they are continuing their illegal activities with the tacit support of the Sub Inspector of Police, Medical College Police Station, Kozhikode. In the above background, the petitioner filed Exhibit P6 representation before the Commissioner of Police. Thereafter this Writ Petition is filed, seeking appropriate reliefs. W.P.(C)No.32340/08 -2- 2. We notice that if respondents 4 to 6 disregard Exhibit P5 interim order of the civil court and proceed with steps to evict the petitioner by use of force, he can not only prosecute them, but also move the civil court to address the police to render necessary assistance to him to enforce that order. In view of the effective statutory remedy available to the petitioner, it is unnecessary for this Court to entertain this Writ Petition. Further, it will be more appropriate for the civil court to consider the allegations of the petitioner against respondents 4 to 6, which may amount to violation of Exhibit P5 injunction order. In view of the above position, the Writ Petition is dismissed, without prejudice to the contentions of the petitioner and his right to move the civil court for appropriate reliefs. The petitioner may pursue his grievances against the highhanded actions of the Sub Inspector of Police, Medical College Police Station, Kozhikode before the superior Police Officers. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn