IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 33481 of 2010(I) ------------------------------------- PETITIONER(S): ------------------------ 1. GEORGE JOSEPH @ KUNJU, AGED 46 YEARS, S/O.JOSEPH, THOPPURATHU HOUSE, CHETHACKAL, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. MATHEW VARGHESE, AGED 47 YEARS, S/O.VARGHESE, THENMADATHIL HOUSE, CHELLAKKADU P.O., RANNI TALUK, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): -------------------------- 1. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA, PIN - 689 645. 2. THE CIRCLE INSPECTOR OF POLICE, RANNI, PIN - 689 672. 3. C.K.JACOB, CHERIYAMOOZHIYIL HOUSE, MAKKAPPUZHA P.O., MANNAMARUTHI, RANNI TALUK, PATHANAMTHITTA DIST, PIN - 689 676. 4. TONY, S/O.C.K.JACOB, CHERIYAMOOZHIYIL HOUSE, MAKKAPPUZHA P.O., MANNAMARUTHI, RANNI TALUK, PATHANAMTHITTA DIST, PIN - 689 676. R1 & R2 BY GOVERNMENT PLEADER SMT. C.M.CHARISHMA R3 & R4 BY ADV. SRI.P.KURUVILLA JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C) NO. 33481/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE CERTIFICATE OF REGISTRATION. P2 COPY OF THE COMPLAINT PREFERRED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R3(A) COPY OF THE LAWYER NOTICE DATED 30/10/2010 SENT TO FIRST PETITIONER AT THE INSTRUCTION OF 3RD RESPONDENT. R3(B) COPY OF THE LAWYER NOTICE DATED 30/10/2010 SENT TO THE MOTHER 2ND PETITIONER AT THE INSTRUCTION OF 3RD RESPONDENT. R3(C) COPY OF THE POSTAL ACKNOWLEDGEMENT RECEIPT RECEIVED FROM THE MOTHER OF 2ND PETITIONER. /TRUE COPY/ P.A.TO.JUDGE sts K.M.JOSEPH & M.C. HARI RANI,JJ ============================== W.P.(C) NO.33481 OF 2010 ============================ Dated this the 10th day of December, 2010 JUDGMENT K.M. Joseph, J. The petitioners have approached this court seeking the following reliefs. “i) issue a writ of mandamus or appropriate writ direction or order to the respondents 1 and 2, to give adequate protection to the life of the petitioners from the threat from the 3rd and 4th respondents. ii)issue a writ of mandamus or appropriate writ direction or order to the 2nd respondent to take effective action on Ext.P2 complaint”. 2. The case of the petitioners in brief is as follows. They are merchants and conducting business of Paint, Cement, Electrical goods, Tiles and hardware in the shops belonging to respondents 3 and 4. The Building (Lease and Rent Control) Act is not applicable to the area. It is stated that petitioners and Wpc 33481/2010 2 respondents 3 and 4 had entered into an agreement and the period expires on 30.11.2010. Respondents demanded to vacate the building. Petitioner sought time to find suitable rooms. There is allegation that they were threatened. 3. A counter affidavit is filed by respondents 3 and 4 denying the allegations. According to them, there is arrears of rent. It is also stated that they will only take legal action for recovery of the premises. 4. We record the submission of the learned counsel for respondents 3 and 4 that they have no intention to cause any threat to the life of the petitioners. The learned Government Pleader would submit that as of now there is no threat. We dispose of the writ petition by recording the submission of respondents 3 and 4 that they will not threaten the life of petitioners and if contrary to the submission made by the learned counsel for respondents 3 and 4, any complaint of threat is filed by the petitioners before the second respondent, he will look into it and if the threat is found to be genuine, he shall provide protection for the life of the petitioners as against respondents 3 and 4. We make it very clear that we have not pronounced on the merits of the monetary claim and when the Wpc 33481/2010 3 matter comes up before the competent forum, the forum shall proceed to decide the matter untrammelled by anything contained in this judgment. K.M. JOSEPH, JUDGE M.C. HARI RANI,JUDGE lgk