Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR & THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE21T DAY OF MAY201431ST VAISAKHA, 1936 WP(C).No. 11699 of 2014 (J) ---------------------------- PETITIONER(S): -------------- P.R. AJAYAKUMAR AGED33YEARS S/O. T.K.RAGHAVAN, OLICKAL HOUSE, CHERUKULANJI VALIYAKULAM P.O., RANNI, PATHANAMTHITTA REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SREEKUMARI KOCHUTHADATHIL HOUSE, CHERUKULANJI, VALIYAKULAM P.O. RANNI, PATHANAMTHITTA DISTRICT. BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR SRI.PIOUS JACOB RESPONDENT(S): -------------- 1. THE STATION HOUSE OFFICER RANNI POLICE STATION, PATHANAMTHITTA-689 672.
2. THE CIRCLE INSPECTOR OF POLICE RANNI, PATHANAMTHITTA-689 672.
3. THE SUPERINTENDENT OF POLICE PATHANAMTHITTA-689 645.
4. K.VASANTHA KUMAR PRESIDENT, SREE NARAYANA DHARMA PARIPALANA YOGAM RANNI UNION, PATHANAMTHITTA-689 672.
5. THE SECRETARY SREE NARAYANA DHARMA PARIPALANA YOGAM, RANNI UNION PATHANAMTHITTA-689 672.
6. K.S.SATHEESAN CONVENOR, YOUTH MOVEMENT SNDP UNION, RANNI RESIDING AT KAPPAYIL HOUSE, CHELLAKKAD P.O., RANNI PIN-689 677. R1 TO R3 BY SPL.GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2105-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11699 of 2014 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1 : COPY OF THE NOTICE ISSUED BY THE SNDP UNION RANNI TO THE PETITIONER DTD.6.1.2014. P2 : COPY OF THE REPLY NOTICE DTD.13.1.2014. P3 : COPY OF THE PETITION SUBMITTED BEFORE THE2D RESPONDENT DTD.17.4.2014. P4 : COPY OF THE PETITION SUBMITTED BEFORE THE3D RESPONDENT DTD.19.4.2014. P5 : COPY OF THE CASH RECEIPT DTD.23.6.2012 ISSUED BY SNDP UNION, RANNI, TOWARDS REMITTANCE OF RENT, INCLUDING ADVANCE RENT TILL DECEMBER, 2013. P6 : COPY OF THE MONEY ORDER
FORM UNDER WHICH RENT PAID BY THE PETITIONER FOR THE PERIOD JANUARY, 2014. P7 : COPY OF THE MONEY ORDER
FORM UNDER WHICH RENT PAID BY THE PETITIONER FOR THE PERIOD FEBRUARY2014 P8 : COPY OF THE MONEY ORDER
FROM UNDER WHICH RENT PAID BY THE PETITIONER FOR THE PERIOD MARCH2014 P9 : COPY OF THE MONEY ORDER
FROM UNDER WHICH RENT PAID BY THE PETITIONER FOR THE PERIOD APRIL, 2014. RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE MANJULA CHELLUR, C.J & P.V.ASHA, J.
---------------------------------------------- W.P(C).No. 11699 of 2014 ---------------------------------------------- Dated this the 21st May, 2014 JUDGMENT
Manjula Chellur, C.J.
Petitioner is before this Court seeking following relief: " to issue a writ of mandamus or any other writ, order or direction, directing respondents 1 to 3 to render adequate and sufficient police protection to the petitioner's employees and to the office of Malanadu News Channel conducted by the petitioner, from illegal threat and obstruction by respondents 4 to 6 and their men." 2. According to petitioner, he has taken a building belonging to the fifth respondent on lease. The premises was taken on lease for the purpose of running a news channel. The said building is on the third floor. After taking the premises on lease, petitioner had to complete the construction, as the building was half constructed at the time of taking it on lease. When he spent huge amounts for completing the construction, rent was fixed at the rate of 3,500/- per month with certain conditions. According to petitioner, subsequent to completion of the building, owner of building has WP(C).11699/14 2 demanded 6,000/- as rent and they further obstructed employees of petitioner to enter the building to run the programme. Therefore, they approached police. When they did not get any response, they have approached this Court.
3. By looking at the contents of petition itself, the cause of action pleaded by petitioner seems to be that though he is a tenant in possession of the building, his right to enjoy the premises along with his employees is interfered with, which is purely a civil right. If there is any dispute between the parties with regard to quantum of rent or term of lease or anything to do with the lease agreement, we fail to understand how such disputes could be resolved with interference of police. Petitioner has to establish his rights before a civil court. Unless crime is attempted or committed, respondent police shall not interfere with the civil rights of the parties. With the above observation, the Writ Petition is disposed of keeping all contentions open. MANJULA CHELLUR, CHIEF JUSTICE P.V.ASHA, JUDGE vgs21.5.14