IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27894 of 2010(J)
1. S.SATHEESH,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. INSPECTOR GENERAL OF POLICE,
3. THE COMMISSIONER OF POLICE,
4. THE SUB INSPECTOR OF POLICE,
5. SHYLAJA, D/O.VISWAMMA,
6. VIJAYAN,
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :SRI.E.K.NANDAKUMAR
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :15/09/2010
O R D E R
Thottathil B.Radhakrishnan
&
P.Q.Barkath Ali, JJ.
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W.P.(C).No.27894 of 2010-J
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Dated this the 15th day of September, 2010.
Judgment
Thottathil B.Radhakrishnan, J.
The petitioner says that he is a tenant of the 5th
respondent. The learned counsel for the 5th
respondent states that the entrustment of the
portion of the building claimed by the petitioner
to him as a tenant is admitted, though the case
of respondents 5 and 6 is that the petitioner had
vacated the premises but was authorised to keep
his utensils in one or two rooms. We are clear in
our mind that this is not a dispute to be
resolved through the writ court. Evidently, this
was the reason that this Court had restricted the
interim order granted on 8.9.2010 to be one for
life of the petitioner and his workers as against
any threat from respondents 5 and 6. That does
WPC27894/10 -: 2 :-
not mean that the police can, under the cover of
that order, change the actual fact situation
which may be available. Therefore, we order that
the police will continue to ensure that the
petitioner and any of his workers are provided
adequate protection, however that, the police
will not insist on them being permitted to carry
on any particular activity in the building in
question. We clarify that either of the parties
will be at liberty to move the competent court
and obtain appropriate orders or even to get
further relief in the matter in which Ext.P4
order has been issued. We leave open all other
questions. The writ petition ordered accordingly.
Thottathil B.Radhakrishnan,
Judge.
P.Q.Barkath Ali,
Judge.
Sha/1609