IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 7249 of 2011(E) ------------------------- PETITIONER(S): --------------- JOSE KURIAN, S/O.KURIAN, PROPRIETOR SONY HOTEL, KOKKALE-21, THRISSUR, RESIDING AT KATTUTHARA HOUSE, C.M.C-5, CHERTHALA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, THRISSUR EAST POLICE STATION, THRISSUR-680001. 2. PAUL, S/O.LONAPPAN, EDATHALA PARAMBIL, KOORKANCHERRY P.O., THRISSUR-680007. ADV. SRI.JIJO PAUL FOR R-2 GOVERNMENT PLEADER SMT.CHARISHMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC NO.7249 OF 2011 EXT.P1: TRUE COPY OF THE LEASE DEED DATED 27/2/2008 EXECUTED BETWEEN THE PETITIONER AND THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE PETITION IN R.C.P.NO.24/2010 BEFORE THE RENT CONTROL COURT, THRISSUR. EXT.P3: TRUE COPY OF THE APPLICATION DATED 31/1/2011 FOR LICENCE SUBMITTED BY THE PETITIONER. EXT.P4: TRUE COPY OF THE RECEIPT DATED 31/1/2011 FOR LICENCE SUBMITTED BY THE PETITIONER. EXT.P5: TRUE COPY OF THE COMPLAINT DATED 28/2/2011 SUBMITTED TO THE 1ST RESPONDENT BY THE PETITIONER. EXT.P6: TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT ACKNOWLEDGING THE RECEIPT OF EXT.P5. // True Copy// PA to Judge R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.7249 of 2011 ---------------------------------------- Dated this the 15th day of March 2011 J U D G M E N T R.BASANT,J The petitioner has come to this Court seeking issue of directions under Article 226 of the Constitution of India to the 1st respondent police official to afford protection for the petitioner against alleged illegal, culpable and violent acts of the 2nd respondent. According to the petitioner, the 2nd respondent is his landlord. His landlord has let out a hotel to him. Accordingly, the petitioner is in possession of the said hotel building. There is an attempt on the part of the 2nd respondent to physically throw the petitioner out of possession. The petitioner is being unnecessarily vexed and harassed. The petitioner shall abide by the decisions of the Civil court. The 2nd respondent has no right to harass the petitioner and attempt to physically throw him out of possession. It is, in these circumstances, that the petitioner has sought directions under Article 226 of the Constitution of India. W.P.C.No.7249 of 2011 2 2. The 2nd respondent has entered appearance through counsel. The learned counsel submits that the 2nd respondent has absolutely no intention to indulge in any contumacious or culpable acts against the petitioner. The second respondent has approached the competent authority to claim eviction. The 2nd respondent has also approached the civil court claiming reliefs against the petitioner. The 2nd respondent shall strictly abide by the decisions of competent courts. His undertaking may be recorded that he shall not in any way cause any threat or harm to the life or person of the petitioner. He shall not attempt to throw the petitioner out of possession of the building leased to him nor shall any obstruction be caused to the running of the activity of the petitioner in the premises leased to him. In these circumstances, this petition may be dismissed, prays the learned counsel for the 2nd respondent. 3. The learned Government Pleader, after taking instructions from the 1st respondent submits that there are disputes and differences between the petitioner on the one hand and the second respondent on the other. In the perception of the 1st respondent, there is no threat to the life or person of the petitioner. If there be any such threat, necessary action shall W.P.C.No.7249 of 2011 3 be taken by the 1st respondent. In these circumstances, no specific directions are necessary under Article 226 of the Constitution of India, submits the learned Government Pleader. 4. We have considered all the relevant circumstances. We record the undertaking of the second respondent that he shall not in any way attempt to physically throw the petitioner out of possession or cause any obstruction to the activity of the petitioner in the premises leased to him. We record the submission of the learned Government Pleader that if there be any action on the part of the 2nd respondent in violation of this undertaking, necessary action shall be taken by the 1st respondent. We accept these submissions/undertakings. No further directions are necessary. 5. This writ petition is, in these circumstances, allowed in part. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.7249 of 2011 4 W.P.C.No.7249 of 2011 5 W.P.C.No.7249 of 2011 6 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010