Kerala High Court
Madhu V.R vs State Of Kerala on 28 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944
WP(C) NO. 19998 OF 2022
PETITIONER:
MADHU V.R,
AGED 57 YEARS
S/O RAMAKRISHNAN NAIR, RESIDING AT TC 21/841,
KEEZHARANNOOR, NEDUMACAUD, KARAMANA P.O.
THIRUVANANTHAPURAM-695 002, CONDUCTING BUSINESS AT TC
38/3233 AND 3232, NILA RESTAURANT NEAR MUKKOLA JUNCTION
OF EANACAKKAL, KAZHAKKKOTTAM BYPASS,
THIRUVANANTHAPURAM-695 002.
BY ADVS.
V.R.GOPU
J.NARAYANA PILLAI
URMILA.M.G
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM CITY, OFFICE OF THE COMMISSIONER OF
POLICE, THYCAUD, THIRUVANANTHAPURAM-695 014.
3 THE STATION HOUSE OFFICER,
KAZHAKKOOTTAM POLICE STATION, THIRUVANANTHAPURAM-695022
4 SHYJU A,
S/O ALIYAR KUNJU, TC 2/27(4), HEERA KINARA CLASSIC,
PATTOM, THIRUVANANTHAPURAM-695 004.
5 ANZIL MUHAMMED,
S/O SHYJU, TC 2/27(4) HEERA KINARA CLASSIC, PATTOM,
THIRUVANANTHAPURAM-695 004.
BY ADVS.
P.JAYARAM
GIGI PAPPACHAN
T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19998 OF 2022
2
JUDGMENT
Dated this the 28th day of June, 2022
This writ petition is filed seeking the following prayers:
"(i) To issue a writ in the nature of mandamus or any other
appropriate writ or direction or order directing the
respondents 1 to 3 to afford adequate police protection for
the life of petitioner and his family and for smooth
functioning of the restaurant run by the petitioner in the
building bearing No.TC No.98/3233 and 3232.
(ii) To issue writ in the nature of mandamus or any other
appropriate direction or order directing the 2nd and 3rd
respondents to consider and take appropriate action
against Respondents 4 and 5 and their men based on
Exhibit P8 and P10 complaints.
(iii) To issue a direction directing 3rd respondent to register
crime against 4th and 5th respondents based on Exhibit P8
and Ext.P10 complaints."
2. Heard the learned counsel for the petitioner, the learned
Government Pleader as well as the learned counsel appearing for the
contesting party respondents.
3. It is submitted by the learned counsel for the petitioner that the
petitioner, who is a lessee of respondents 4 and 5, is running a
restaurant in building bearing TC No.98/3233 and 3232 of the
Thiruvananthapuram Corporation. It is submitted that respondents 4
WP(C) NO. 19998 OF 2022
and 5 are attempting to forcefully evict the petitioner from the premises
as also to manhandle him and are threatening him. An interim order
was rendered at the time of the admission of this writ petition on
20.06.2022 noticing the fact that an IA had been preferred by the
petitioner before the civil court and directing the 3 rd respondent to
provide adequate protection to the petitioner from any overt acts of
respondents 4 and 5 and any attempt to forcefully evict the petitioner.
4. The learned counsel for the party respondents submits that
making use of the interim order, the petitioner is preventing the
respondents from entering the premises which is a three-storied
building. It is submitted that the party respondents are not even being
permitted to go to the premises at all. It is further submitted that there is
dispute with regard to the identity and location of the buildings.
5. I am of the opinion that these are issues which are to be
considered by the civil court where the matters are pending in
accordance with law. In any view of the matter, since the matter stands
posted before the civil court for consideration of the IA in O.S.
No.821/2022, I am of the opinion that it would not be proper for this
WP(C) NO. 19998 OF 2022
Court to consider or make any observations with regard to the
contentions of the parties. It is open to the parties to raise all their
contentions before the civil court which will be appropriately
considered. However, in the meanwhile, the respondents shall see that
law and order is maintained in the locality and that there is no overt act
by respondents 4 and 5 against the petitioner or the property covered by
the rent deeds. It is made clear that this Court has made no observations
on any of the contentions of the parties and it is for the civil court to
consider all contentions and pass appropriate orders.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 19998 OF 2022
APPENDIX OF WP(C) 19998/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE RENTAL DEED EXECUTED IN
FAVOR OF PETITIONER DATED 19.8.2021
Exhibit P2 TRUE COPY OF THE CONSENT DEED EXECUTED BY 4TH
RESPONDENT IN FAVOUR OF PETITIONER FOR
OBTAINING LICENCE FROM CORPORATION DATE NIL
Exhibit P3 TRUE COPY OF THE ACKNOWLEDGMENT CERTIFICATE
FOR CONDUCTING NILA RESTAURANT AND CAFE IN
THE ABOVE BUILDING DATED 9.4.2022
Exhibit P4 TRUE COPY OF THE ACKNOWLEDGEMENT CERTIFICATE
FOR CONDUCTING NILA CATERING AND HOME STAY IN
THE ABOVE BUILDING DATED 13.6.2022
Exhibit P5 TRUE COPY OF THE PLAINT IN OS NO 821/2022 ON
THE FILE OF MUNSIFFS COURT,
THIRUVANANTHAPURAM DATED 16.6.2022
Exhibit P6 TRUE COPY OF THE PETITION FOR TEMPORARY
INJUNCTION IN IA NO 1/2022 IN OS NO 821/2022
DATED 16.6.2022
Exhibit P7 TRUE COPY OF THE PETITION OF APPOINTMENT OF
ADVOCATE COMMISSIONER IN IA NO 2/022 IN OS NO
821/2022 DATED 16.6.2022
Exhibit P8 TRUE COPY OF THE COMPLAINT FILED BEFORE THE
SUB INSPECTOR OF POLICE KAZHAKKOOTTAM DATED
19.6.2022
Exhibit P9 TRUE COPY OF THE RECEIPT ISSUED FROM THE
OFFICE OF SUB INSPECTOR OF POLICE
KAZHAKKOOTTAM DATED 19.6.2022
Exhibit P10 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER BEFORE THE SUB INSPECTOR OF
POLICE, KAZHAKKOOTTAM AT 4.58 P.M. DATED
19.6.2022
RESPONDENTS' EXHIBITS: NIL
