IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 38184 of 2007(U) ---------------------------------------- PETITIONER: ------------------- SRI.BEENY KURIAKOSE, KAVUNGUMPILLIL HOUSE, KOTTAPPADY KARA, KOTTAPPADY VILLAGE. BY ADV. SRI.S.VINOD BHAT RESPONDENTS: ------------------------- 1. SRI.PARAMESWARA KURUP ALIAS THANKAPPAN, KANDAMAPLAYIL HOUSE, THRIKKARIYOOR VILLAGE, KOTHAMANGAMALAM TALUK. 2. SRI.GOPAKUMAR, KANDAMPLAYIL HOUSE, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK. 3. SRI.JAYAKUMAR, KANDAMPLAYIL HOUSE, THRIKKARIYOOR VILLAGE KOTAHAMANGALAM TALUK. 4. SRI.SREEJITH,S/O.NARAYANAKURUP, KANDAMPLAYIL HOUSE, THRIKKARIYOOR VILLAGE, KOTHAMANGALAM TALUK. 5. THE SUB INSPETOR OF POLICE, KOTHAMANGALAM. 6. SUPERINTENDENT OF POLICE, RURAL DISTRICT, ALUVA. R5 & R6 BY GOVERNMENT PLEADER SRI. SALIM.P.A. R1 TO R4 BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.38184/2007 U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DTD. 6/08/2007 IN O.S.246/2007 PASSED BY THE MUNSIFF CURT, MUVATTUPUZHA. EXT.P2: COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DTD. 25/11/2007. EXT.P3: COPIES OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DTD. 25/11/2007. EXT.P4: COPY OF THE DECREE DTD. 6/08/07 IN O.S.246/07 PASSED BY MUNSIFF COURT, MUVATTUPUZHA. /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & P.N.RAVINDRAN,JJ. ========================= WRIT PETITION NO. 38184 OF 2007 ========================= Dated this the 22nd day of January 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is the tenant of the first respondent. In the tenanted building, he is running a business. Apprehending forcible eviction from the tenanted premises, he moved the civil court and obtained Ext.P1 judgment against the first respondent. The petitioner submits in violation of the decree of the civil suit, the first respondent along with others entered the tenanted premises on 25.11.2007 and filled the well in the compound. He informed the police about the high handed action of the first respondent and his supporters, who are respondents 2 to 4, but no action was taken. The petitioner has moved the Civil Court for the alleged violation of the decree of the civil court. The petitioner apprehends that the first respondent and his supporters may enter the tenanted premises and demolish the same. In the above background, this writ petition is filed seeking appropriate reliefs. 2. Respondents 1 to 4 have filed a counter affidavit denying W.P.(C)38184/2007 2 all the allegations against him. The petitioner has filed a reply affidavit. 3. Learned Government Pleader, on instructions, submitted that the first respondent was summoned to the police and was strictly warned not to interfere with the running of the business by the petitioner. Thereafter there was no problem from the part of the first respondent, he submitted. 4. Learned counsel for the petitioner also submitted that at present there is no obstruction from the part of the first respondent or his supporters. In view of the above position, no further orders are required in this writ petition. But if there is any threat or violence to the petitioner for running his business from the part of the first respondent, he may inform the 5th respondent of the same and in that event, the 5th respondent shall promptly look into the same and if the allegation is found correct, take appropriate action, in accordance with law. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE P.N.RAVINDRAN, JUDGE css/ W.P.(C)38184/2007 3