IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 12028 of 2009(Q) ----------------------------------- PETITIONER(S): --------------- 1. K.RAMADASAN, 'KALABHAM', T.C.15/1581(2), M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM-14. 2. SHYLAJA RAMADASAN, 'KALABHAM', T.C.15/1581 (2), M.P.APPAN ROAD, VAZHUTHACAUD, THIRUVANANTHAPURAM -14. BY ADV. SRI.B.JAYASURYA RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE CBCID, THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF CBCID, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, PEROORKKADA POLICE STATION, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SPC M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No.12028 OF 2009 =========================== Dated this the 22nd day of May,2009 JUDGMENT Petitioners are claiming to be the owners of building bearing T.C. 28/627 by name Ram Towers at Punnapuram, Pettah, Thiruvananthapuram and T.C.28/627(7) rented out to Sabarinath the main accused in CBCID Crime No.169/CR/TVPM/08. That case was registered under sections 120B, 406, 409, 420, 202, 212 and 34 IPC. Consequent to the registration of the case Dy.SP sealed the building. Ext.P3 petition was submitted before the Superintendent of Police, CBCID, Thiruvananthapuram to release the building to the petitioners claiming that they are the owners of the building. On the failure to release the building, this petition is filed under Article 226 of Constitution of India for W.P.(C)12028/ /2009 2 a writ of mandamus or direction to the first respondent Superintendent of Police, CBCID, Thiruvananthapuram to release the vacant premises to the petitioners and to produce the material objects kept in the premises before court. 2. Learned counsel appearing for the petitioners and the learned Public Prosecutor were heard. 3. Admittedly the buildings sought to be released are rented out to Sabarinath the main accused in CBCID Crime 169/CR.TVPM/08. The fact that during the investigation of that case the Investigating Officer sealed the buildings will not enable petitioners, even if they are the landlords, to get vacant possession of the buildings. So long as the tenancy continues, landlord cannot claim vacant possession of the building. The remedy of the petitioners to get vacant possession of the buildings is to approach the Rent Control Court and not to file a petition W.P.(C)12028/ /2009 3 of this nature. Writ Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006