IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 35196 of 2008(M) -------------------------- PETITIONER(S): ------------------------ M.K.SUGUNA, 50 YEARS D/O.RANGASWAMY CHETTIAR, AZHAKAPADATH HOUSE, NEW NO.10/27O, KIZHAKE THARA, VADAVANNUR-678504 PALAKKAD. BY ADV. SRI.M.K.SUGUNA(PARTY-IN-PERSON) RESPONDENT(S): --------------------------- 1. MANICKAM AND DHARMARAJAN VISWESWARAYA ROAD, SAIBABA COONY, COIMBATORE. 2. KARTHIKEYA KUMAR AND LATHA RAMESH VISWESWARAYA ROAD, SAIBABA COLONY COIMBATORE. 3. ANBAZHAKAN & VIJAYALAKSHMI BRG HOUSE, BARGUR, KRISHNAGIRI . 4. BHANABAL, BRG HOUSE, BARGUR, KRISHNAGIRI. 5. A.BALACHANDRAN, HINDUSTAN NEWSPRINT LTD. NEWSPRINT NAGAR, KOTTAYAM. WP(C).No. 35196 of 2008 ::2 :: 6. C.I. OF POLICE, KOLLENGODE, PALAKKAD. 7. BAGYALAKSHMI AND SHANMUGAM BARGUR, KRISHNAGIRI 8. BABY KAMALAM AND BAGAVATHY MUTHALAMADA, PALAKKAD. 9. KANTHASWAMY, S/O.KITTAR, RAYAPPAN STREET TATTAMANGALAM, PALAKKAD. 10. MYILAMMAL AND TAMARAISELVEN KINARPALLAM PIRIVU ATYAMPATHY, OZHALAPATHY VILLAGE, PALAKKAD. 11. RAMAKRISHNAN, PANNIPERUNTHALA KUTTIPALLAM PO., CHITTUR, PALAKKAD. R6 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY, Ag.C.J. & V.GIRI, J. ------------------------- W.P.(C)No.No.35196 of 2008 ------------------------- Dated this the 20th day of January, 2009. JUDGMENT KOSHY, Ag.C.J. This petition is filed alleging that the petitioner was locked up by the Circle Inspector of Police at the instance of one Balachandran, landlord of her rented house. She also seeks a direction to the Superintendent of Police to return the petitioner's daughter's (Mahalakshmi) original school and college certificates. 2. A counter affidavit has been filed by the Circle Inspector stating that he is not interfering with the petitioner's matter. A complaint was received from the landlord. Both the landlord and the petitioner were called to the police station. But the petitioner did not attend the conference. It is also submitted that the petitioner had taken a house on rent in 2007 from Sri.Balachandran on the strength of an agreement dated 9.7.07, after promising to vacate W.P.(c)NO.35196/08 :: 2 :: the same, she left the place. This is denied by the petitioner. As regards Sri.Balachandran is concerned, this court cannot issue an order against a private individual. He is an employee of the Hindustan Newsprint Limited, Kottayam. The petitioner has to initiate civil proceedings. 3. With regard to the allegations against the Circle Inspector, we direct the petitioner to file a petition before the superior officer of the Circle Inspector and if such a complaint is filed within one month from today, the superior officer will go through the complaint and if the allegations are found correct, he should take appropriate action. 4. The petitioner has filed a petition for return of the documents, school certificates and college certificates. But on a perusal of the records, it is found that no original documents were filed before this court. If the police has seized any original document, that should be returned to the petitioner. W.P.(c)NO.35196/08 :: 3 :: 5. We make it clear that the petitioner cannot be dispossessed except by recourse to law. We also take note of the fact that Sri.Balachandran, the 5th respondent, though signed the notice, did not appear before this court. The petitioner shall not be ousted from the house, except by the process of law under the Rent Control Act and not by any other method. Police should see that she is not evicted by force. With these directions, the writ petition is disposed of. Sd/- (J.B. KOSHY) ACTING CHIEF JUSTICE Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge