T P JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER has approached this Court with the following prayer:

(2.) BRIEFLY put, the case of the petitioner is as follows: Petitioner who is an agricultural worker, is a tenant of 7th respondent. Petitioner along with his wife, son, daughter-in-law and two grand children are residing in the said house. The rent deeds are produced as Ext.P1 series. The 7th respondent is residing in another house owned by him in the adjacent property. The said house is about 30 metres away from the rented house of the petitioner. 8th respondent is the wife of 7th respondent. They are not on good terms. In 2010 the 8th respondent attempted to evict the petitioner with police aid. Petitioner filed OS No.16/2010 before the Munsiff Court, Ranni which passed Ext.P2 injunction order. Petitioner also sent copy of Ext.P2 to the police officials. Thereafter, on the assurance given by sixth respondent that police will not interfere in the matter, the petitioner non-prosecuted the Suit and it was dismissed for default. While so, the 8th respondent has come down recently and influenced the police and it is stated that the 8th respondent along with some policemen attached to Ranni Police Station came to the petitioner's house and asked him to vacate the premises. It was threatened that if the petitioner does not vacate the premises within one week, he and his family will be thrown out of the house using police force and they will be implicated in non-bailable cases. According to petitioner, it is a civil dispute and police has no right to interfere.

(3.) AFTER having heard the learned counsel for the parties, we are of the view that it is for the petitioner to approach the learned Magistrate and to seek clarification. Accordingly, we only permit the petitioner to seek appropriate clarification from the concerned Magistrate. We, however, direct that the order will not be implemented for ten days from today.