S SHAMEEM Vs. CITY POLICE COMMISSIONER

JUDGEMENT

(1.) THIS is an application for police protection. The petitioner had invited our attention to Ext. 15 representation submitted by him dated 31-08-2005. Although it was addressed to the Commissioner of Police, Thiruvananthapuram, he submitted that the third respondent was attempting to take law in his hands so as to evict him from the tenanted premises unlawfully, where he was conducting business, and it was imperative that the police is directed to render sufficient help so as to protect him.

(2.) ACCORDING to the petitioner, Ext. P1 rent deed dated 01-06-2001 in respect of a shop room governed the relationship between himself and the third respondent, who was the landlord. He had been authorised to conduct a readymade dress shop and due licence had been granted by the corporation for the business. Later on arrears of rent fell due and R. C. P. No. 6 of 2004 had come to be filed, which resulted in an order for eviction. Against the said order, R. C. A. NO. 9 of 2005 had been filed by him and the First Additional district Judge, Thiruvananthapuram in I. A. No. 384 of 2005 in R. C. A. No. 9 of 2005 had stayed the order of eviction. It was not attempted to be vacated and the submission was that by use of force notwithstanding the above order Ext. P4), forcible eviction was being attempted.

(3.) PRIMA facie it had been found that the petitioner was entitled to an interim order. This Court had directed respondents 1 and 2 to give adequate protection to ensure that is possession and occupation of the building is not interfered with at the instance of the third respondent or any strangers.