IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 2379 of 2008(G) -------------------------------------- PETITIONERS: ---------------------- 1. MR. ABDUL BASHEER, AGED 37, S/O. LATE ADIMAKUTTY, 4-C, BCG GOLDEN ORCHID, RUBY LANE, THAMMANAM P.O., KOCHI-682 032. 2. MRS. JIMSHA BASHEER, AGED 26, W/O. ABDUL BASHEER, 4-C, BCG GOLDEN ORCHID, RUBY LANE, THAMMANAM P.O., KOCHI-682 032. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.H.SHAJAHAN SRI.P.A.MOHAMMED SHAH RESPONDENTS: ------------------------- 1. CIRCLE INSPECTOR OF POLICE, KALAMASSERY, ERNAKULAM DISTRICT. 2. MRS. SARALA NAIR, W/O. R.H.NAIR, 33/2742, DWARAKA, VRINDAVAN ROAD, CHAKKARAPARAMBU, THAMMANAM P.O., COCHIN-682 032. 3. MR. R.H.NAIR, 33/2742, DWARAKA, VRINDAVAN ROAD, CHAKKARAPARAMBU, THAMMANAM P.O., KOCHI-682 032. 4. MR. BEEJOY NAIR, 33/2742, DWARAKA, VRINDAVAN ROAD, CHAKKARAPARAMBU, THAMMANAM P.O., KOCHI-682 032. R1 BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL R2 TO R4 BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SARITHA DAVID CHUNKATH SMT.SMITHA GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2379/2008 G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LEASE DEED EXECUTED BY THE 2ND RESPONDENT WITH THE 1ST PETITIONER DTD. 23/11/2007. EXT.P2: COPY OF LEASE DEED EXECUTED BY THE 2ND RESPONDENT WITH THE 2ND PETITIONER DTD. 23/11/2007. EXT.P3: COPY OF LEASE DEED EXECUTED BY THE 2ND RESPONDENT WITH THE 2ND PETITIONER DTD. 23/11/2007. EXT.P4: COPY OF THE LICENCE ISSUED BY THE CORPORATION DTD. 05/12/2007. EXT.P5: COPY OF THE COMMISSION REPORT DTD. 09/01/2008 FILED BEFORE THE MUNSIFF COURT. EXT.P6: COPY OF THE COMPLAINT DTD. 17/01/2008 FILED BEFORE THE CIRCLE INSPECTOR OF POLICE KALAMASSERY. /TRUE COPY/ P.S.TO JUDGE Kss K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.2379 of 2008 ======================== Dated this the 1st day of February, 2008. JUDGMENT Balakrishnan Nair,J. This is a writ petition seeking police protection. The petitioners submit that they have taken on rent three rooms from respondents 2 to 4 under Ext.P1 to P3 rent deeds executed on 23.11.2007. They have obtained Ext.P4 licence also to run a business there. While so, respondents 3 to 4 claimed vacant possession of the tenanted premises. They even sent muscle men threatening to evict the petitioners by force. The petitioners were attacked on 31.12.2007 and a crime has been registered by Kalamassery police against the culprits. The petitioners also pointed out that against the forcible eviction, they filed O.S.No.49 of 2008 before the Munsiff's Court, Ernakulam. The Munsiff's Court has deputed an Advocate Commissioner to inspect the WP(C) 2379/08 -: 2 :- rooms on the application filed by the petitioners for the same. The Commissioner has filed Ext.P5 report, which would show that they are in possession of the rooms, it is submitted. The case which was initially posted to 21.1.2008, now stands posted to 12.2.2008. In the above background, the petitioner moved the Circle Inspector of Police for protection by filing Ext.P6 representation and thereafter, this writ petition is filed. 2. This Court passed an interim order in favour of the petitioner on 18.1.2008. The learned senior counsel appearing for the petitioners submitted that the party respondents had violated the interim order and they have initiated contempt proceedings against them. 3. Respondents 2 to 4 have filed a counter affidavit denying the allegations of the petitioners. According to them, the petitioners have not paid the agreed amount of deposit in full. They took the rooms on rent to run a super market of M/s. Nilgris Dairy Farm Pvt. Limited. Now the rooms are used for other purposes. They also pointed out that in fact, they were attacked by the petitioners and the police have registered a crime against them. They submitted that all the allegations of the petitioners WP(C) 2379/08 -: 3 :- are incorrect and therefore, the writ petition may be dismissed. The respondent also pointed out that the dispute between the parties is now being considered by the competent civil court and therefore, this Court may not venture adjudicate on the said civil dispute. 4. The petitioner filed a reply affidavit pointing out the inconsistency in the stand of the party respondents taken before this Court and taken before the Munsiff's Court. 5. We heard the learned senior counsel Sri.N.Nandakumara Menon for the writ petitioners and the learned senior counsel Sri.K.Ramakumar for respondents 2 to 4 and the learned Government Pleader for the first respondent. The dispute between the parties concerning tenancy is pending before the competent civil court. It is for the civil court to pass appropriate orders in the matter. It can also address the police to enforce its orders. If there is any threat to the life of the petitioners, they may inform the first respondent and in that event, the first respondent shall promptly look into the same. If the apprehension is found to be correct, the police shall afford protection to the life of the petitioner. The police shall also WP(C) 2379/08 -: 4 :- ensure that law and order is maintained and breach of peace is averted. Writ petition is disposed of as above. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 1/2