N.BABU, ELLIKKATTU HOUSE, EDAPPALLY versus ASSISTANT COMMISSIONER OF POLICE

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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N.BABU, ELLIKKATTU HOUSE, EDAPPALLY v. ASSISTANT COMMISSIONER OF POLICE - WP(C) No. 15840 of 2007(I) [2007] RD-KL 12607 (10 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 15840 of 2007(I)

1. N.BABU, ELLIKKATTU HOUSE, EDAPPALLY,
... Petitioner

Vs

1. ASSISTANT COMMISSIONER OF POLICE,
... Respondent

2. INSPECTOR OF POLICE, PALARIVATTOM

3. LISSY K.VARGHESE, KOCHUKUDIYIL HOUSE,

4. BENOY RAPHEL,

5. RASHEED, INSTRUCTOR

For Petitioner :SRI.S.KRISHNAMOORTHY

For Respondent :SRI.SUJITH MATHEW JOSE

The Hon'ble MR. Justice P.R.RAMAN The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

Dated :10/07/2007

O R D E R

P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ.

W.P.(C)NOs.15840 & 20719 OF 2007

Dated this the 10th day of July, 2007

JUDGMENT

Raman, J.

W.P.(C)No.15840/07 is filed by one Babu who is the husband of the landlady of a building in which the first petitioner in W.P.(C)No.20719/07 is the tenant. As against forceful eviction, the tenant of the building namely petitioner in W.P.(C)No.20719/07 has instituted a civil suit against the party respondents therein praying for an order not to evict her forcefully by the landlady. The matter is pending. Though no interim order is passed, she has filed W.P.(C)No.20719/07 seeking police protection against the threat of the husband of the landlady.

2. In W.P.(C)No.15840/07, the petitioner Babu has alleged that there is a serious threat to his life by the respondents. This court granted interim order for protection of his life.

3. We heard Sri.S.Krishnamoorthy - learned counsel appearing for the petitioner in W.P.(C)No.15840/07, Sri.Sujith Mathew Jose - learned counsel appearing for the petitioner in  WPC Nos.15840/07 & 20719/07 2 W.P.(C)No.20719/07 and the learned Government Pleader. Obviously, since there is a dispute pending before the Civil Court, the party shall seek appropriate remedies from that court as regards the property. However, learned Government Pleader submits that a case has been registered by the Police. It is open to the police authorities to proceed with the investigation in accordance with law. However, the police shall see that there is no law and order situation. The interim protection already granted by this court in W.P.(C)No.15840/07 is made absolute. However, we make it clear that under the guise of this order, the petitioner shall not visit the Gymnasium between 10:00 a.m. to 5:00p.m. as during that period the Gymnasium is run exclusively for the benefit of the ladies. P.R.RAMAN

JUDGE

T.R.RAMACHANDRAN NAIR

JUDGE

sv. 

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