IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12028 of 2009(Q)
1. K.RAMADASAN, 'KALABHAM',
... Petitioner
2. SHYLAJA RAMADASAN, 'KALABHAM',
Vs
1. THE SUPERINTENDENT OF POLICE,
... Respondent
2. THE DEPUTY SUPERINTENDENT OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
4. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.B.JAYASURYA
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :22/05/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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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.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006