IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 28603 of 2008(E) -------------------------- PETITIONER: ------------- BEENA PREMKUMAR, AGED 45, W/O.PREMKUMAR, NOW RESIDING AT DUBAI, REPRESENTED BY MOTHER AND POWER OF ATTORNEY HOLDER, RAMA CHANDRASEKHARAN, AGED 76 YEARS, W/O.LATE THAYYIL CHANDRASEKHARAN, 'SRUTHI', H.NO.1/3050, P.O.WEST HILL, CALICUT-673005. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENTS: ---------------- 1. T.V.BABU, AGED 38, S/O.THEKK VEETIL CHOYI PARAYADATH HOUSE, EDAKKAD POST,KOZHIKODE 673 005. 2. T.ANIL KUMAR, AGED 41, S/O.THEKK VEETIL CHOYI, PARAYADATH HOUSE, EDAKKAD POST, KOZHIKODE 673 005. 3. T.REJEEV, AGED 38, S/O.THEKK VEETIL CHOYI, PARAYADATH HOUSE, EDAKKAD POST, KOZHIKODE 673 005. 4. T.RAJEEV, AGED 41, S/O.THEKK VEETIL CHOYI, PARAYADATH HOUSE, EDAKKAD POST, KOZHIKODE 673 005. 5. T.PRAVEEN, AGED 26, S/O.THEKK VEETIL CHOYI, PARAYADATH HOUSE, EDAKKAD POST, KOZHIKODE 673 005. 6. SHIBU @ CHETTIKULAM SHIBU, AGED NOT KNOWN, S/O.NOT KNOWN TO THE PETITIONER, VALIYARAMBATH HOUSE, CHETTIKULAM, P.O.ELATHUR, KOZHIKODE. 7. ASST.COMMISSIONER OF POLICE, KOZHIKODE NORTH. 8. SUB INSPECTOR OF POLICE, ELATHUR POLICE STATION-KOZHIKODE. BY SR.GOVT.PLEADER SHRI BENJAMIN PAUL FOR R7 & R8 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.28603 OF 2008 ----------------------------------------------------- DATED THIS THE 25th DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner is the auction purchaser of a property. The same was auctioned under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. Now, the petitioner is in Dubai. She wants to occupy the building and the property through her mother, who is her power of attorney holder. But, when the petitioner attempts to do that, she is being obstructed by the erstwhile owners of the property. The petitioner points out, the auction proceedings were under challenge before this Court. Initially, there was a stay. Subsequently, because the writ petitioner therein failed to comply with the conditions imposed by this Court, the stay stood vacated. Even thereafter, the petitioner is not able to occupy the property because of the obstruction from the side of the erstwhile owners, it is submitted. In the above background, she filed Exhibit P10 representation before the Assistant Commissioner of Police (North), Calicut City, seeking necessary protection to enter the house through her mother and remain in the house purchased by her. W.P.(C)No.28603 /08 -2- 2. The petitioner along with others have earlier approached this Court by filing W.P.(C)No.13106/08. The said Writ Petition was disposed of by this Court in the following manner. “The petitioners are auction purchasers of a property under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The 3rd respondent is the owner of the property. The 4th respondent is his brother. According to the petitioners, the 5th respondent is the muscleman of the 3rd respondent. The 3rd respondent emphatically denies that allegation. 2. The main reliefs sought in the writ petition are the following: “(a) To issue a writ of mandamus or any other appropriate writ, order or direction to the 1st and 2nd respondents to give/ afford reasonable and appropriate protection to the life and property of the petitioners. (b) To direct the respondents 3 to 5 to refrain from threating and causing harm/damage/injury to the life and property of the petitioners.” While admitting the writ petition, this Court ordered the police to maintain law and order and also ensure that the lives of the parties are not endangered. 3. Both sides submit that the validity of the W.P.(C)No.28603 /08 -3- auction is the subject-matter of a writ petition pending before this Court. In view of the above position, without prejudice to the contentions of both sides, the writ petition is closed, maintaining the above interim order.” In view of the judgment of this Court concerning the very same matter, this Writ Petition is not maintainable. Accordingly, the Writ Petition is dismissed without prejudice to the contentions of the petitioner and her right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn