IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 3570 of 2011(U) ------------------------------------- PETITIONER: ------------------- PULLOONY MUHAMMEDKUTTY, S/O. HAMZA, POLLOONY HOUSE, MEENADATHOOR P.O., VIA. THALANOOR, MALAPPURAM DISTRICT. (TIRUR POLICE STATION LIMIT). BY ADVS. SRI.P.M.RAFIQ, SRI.V.C.SARATH RESPONDENTS: ------------------------ 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM – 676 505. 2. THE C.I. OF POLICE, TIRUR POLICE STATION, TIRUR – 676 101. 3. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, TIRUR – 676 101. 4. MELPEEDIYEKKAL SAIDALIKUTTY, S/O. KOYAMU, MELEPEEDIKAYIL HOUSE, P.O.MEENADATHOOR, THOLANOOR VIA, MALAPPURAM DISTRICT – 676 505. R1 TO R3 BY GOVT. PLEADER SMT. CHARISMA, R4 BY ADVS. SRI.C.V.MANUVILSAN, SRI.P.G.SURESH, SMT.K.VIDYA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3570/2011-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LICENSE ISSUED BY THE TIRUR MUNICIPALITY DTD. 21/08/2003. EXT.P.2: COPY OF THE RENEWED LICENSE ISSUED FROM TIRUR MUNICIPALITY FOR THE YEAR 2007-2008. EXT.P.3: COPY OF THE RECEIPT DTD. 16/02/2010. EXT.P.4: COPY OF THE REPRESENTATION GIVEN TO THE S.I OF POLICE, TIRUR, DTD. 15/01/2011. EXT.P.5: COPY OF THE REPRESENTATION PREFERRED BEFORE THE R.1, DTD. 18/01/2011. EXT.P.5.A: COPY OF THE RECEIPT DTD. 21/01/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 3570 OF 2011 U ----------------------------------------------------------- Dated this the 10th March, 2011. JUDGMENT Basant, J. Petitioner has come to this Court with this petition for issue of directions under Art.226 of the Constitution to respondents 1 to 3 to afford protection for the petitioner against alleged illegal, contumacious and culpable acts of the fourth respondent. 2. Petitioner is the tenant of a building. That building belongs to the landlady who is not arrayed as a party. The fourth respondent is arrayed as the power of attorney holder of the said landlady. According to the petitioner the fourth respondent as power of attorney holder on behalf of the landlady is demanding surrender of vacant possession of the building leased to him. Petitioner is not willing now to surrender possession. Fourth respondent is threatening to take law into his hands and indulge in culpable and violent acts. Protection may be afforded for the petitioner against such activities of the fourth respondent. This in short is the plea. 3. The fourth respondent has entered appearance through WPC 3570/2011 2 counsel. The learned counsel for the fourth respondent submits that it may unambiguously be recorded that the fourth respondent does not intend to indulge in any culpable acts against the petitioner. If necessary steps shall be taken in accordance with law by the landlady to secure surrender of possession of the premises occupied by the petitioner. In these circumstances no directions are necessary. This petition may be closed submits the learned counsel for the fourth respondent. 4. The learned Govt. Pleader after taking instruction submits that in the perception of respondents 1 to 3 police officials also there is no threat to the life or person of the petitioner. If there be any such threat of commission of crimes against the petitioner, the petitioner shall be at liberty to complain and the police shall take necessary action to abate such threat/crimes submits the learned Govt. Pleader. 5. We accept the submission of the counsel for the fourth respondent. We accept the submission of the learned Govt. Pleader. We are satisfied in these circumstances that no further specific directions are necessary. This petition can be disposed of accepting the submission of the learned Govt. Pleader and the counsel for the fourth respondent. WPC 3570/2011 3 6. This petition is accordingly allowed in part to the above extent. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 3570/2011 4