IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33561 of 2011(U) -------------------------- PETITIONER(S): --------------- SINDHU, D/O.JOYCE, AGED 35, CHETTIKKUDI VEEDU, ANTHIYOOR, KOTTUKAL VILLAGE, THIRUVANANTHAPRUAM. BY ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2. THE SUB INSPECTOR OF POLICE, BALARAMAPURAM, THIRUVANANTHAPURAM. 3. SASIKUMAR, S/O.ARUMUKHAN, AGED 49, RADHA BHAVAN, THINAKKOTTU KONAM, MARANALLOOR DESOM, MARANALLOOR P.O., THIRUVANANTHAPURAM. 4. JAYASREE, S/O.SASIKUMAR, AGED 39, RADHA BHAVAN, THINAKKOTTU KONAM, MARANALLOOR DESOM, MARANALLOOR P.O., THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.33561/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LICENCE ISSUED FOR PRODUCTION UNIT DATED 26/3/2010. EXT.P2: COPY OF LETTER DATED 6/9/2010 REQUESTING RELEASE OF AMOUNT FROM BANK. EXT.P3: COPY OF THE RENT RECEIPTS BY WAY OF DEMANDS DRAFTS DRAWN ON STATE BANK OF INDIA, BALARAMAPURAM BRANCH DATED 22/9/2011. EXT.P3(A); COPY OF RENT RECEIPT BY WAY OF DEMANDS DRAFTS DRAWN ON STATE BANK OF INDIA,BALARAMAPURAM BRANCH DATED 10/12/2011. EXT.P4: COPY OF THE PLAINT IN O.S. NO.1092/2011 OF THE MUNSIFF'S COURT, NEYYATTINKARA. EXT.P5: COPY OF THE NOTICE DATED 28/11/2011. EXT.P6: COPY OF REPRESENTATION DATED 10/12/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. PIUS C.KURIAKOSE & K.HARILAL, JJ. ------------------------ W.P.(C) NO. 33561 OF 2011 ------------------------ Dated this the 15th day of December, 2011 JUDGMENT Pius C.Kuriakose, J. The petitioner, a lady, submits that she is the lessee of the building belonging to the 3rd respondent. The 3rd respondent has already instituted a suit for eviction before the Neyyattinkara Munsiff Court vide Ext.P4 plaint as the area, where the building is situated, does not fall within the limits of the Buildings (Lease & Rent Control) Act. Even as the suit is pending, the amenities of water and pathway access, which the petitioner had enjoying ever since the commencement of the lease, are being interfered with by the 3rd and 4th respondent- who is the wife and power of attorney holder of the 3rd respondent. 2. Ext.P6 petition has been filed by the petitioner before the local Sub Inspector of Police requesting that the Sub Inspector should pave the way for continued enjoyment of the amenities by the petitioner till she is evicted from the building in due process of law. The prayers in the writ petition are the following; W.P.(C) No.33561 /2011 2 i). Issue a writ of mandamus or any other appropriate writ order, or directions, directing the respondents 1 and 2 to provide adequate and effective police protection for the use of water and access to the establishment M/s, Akash (Production) unit and Classic Garments(Sales Unit) from respondents 3 and 4 or anybody claiming under them till the disposal of Ext.P4. ii). Issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd respondent to consider and take appropriate action on Ext.P6 as expeditiously as possible. 3. We are of the view that the reliefs, which the petitioner has sought for in this writ petition, can be ideally sought for from the Munsiff Court, Neyyattinkara, which is already in seizin of Ext.P4 suit. It is open to the petitioner to file an interlocutory application seeking temporary injunction against the plaintiff in the suit so as to restrain the plaintiff from interfering with the W.P.(C) No.33561 /2011 3 amenities such as water supply and pathway access till the petitioner is evicted pursuant to the decree to be passed in the above suit. 4. As the reliefs fall within the domain of the Munsiff Court, which is already in seizin of the matter, we decline reliefs. However, there will be a direction to the Munsiff Court, Neyyattinkara that if the petitioner files interlocutory application tomorrow ( as submitted by the petitioner's counsel before us), the learned Munsiff will appreciate the urgency and the seriousness of the matter and will pass appropriate orders with notice to the plaintiff in the suit. As far as possible, orders should be passed by the learned Munsiff before the court closes for Christmas holidays. The writ petition is disposed of as above. PIUS C.KURIAKOSE,JUDGE K.HARILAL, JUDGE. dpk W.P.(C) No.33561 /2011 4