RIYAD ABDUL KAREEM Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) THIS is a petition for police protection for eviction of a tenant by the landlord. The eviction can be done only on the basis of the orders of the Rent Control Court. Even though granting or refusing licence according to law is a matter to be decided by the Panchayat, they have no business regarding eviction of a tenant and against the order refusing to renew the licence by the Panchayat, petitioner has the right of appeal also. The Panchayat has no business with regard to occupation of the premises or eviction of the tenant. It can at the maximum take steps to see that without licence no business is conducted. Panchayat need not worry about non-payment of rent etc. Letter alleged to be written by a staff stated to have been given on behalf of the petitioner will not bind the petitioner. Police is bound to see that petitioner is not evicted except by orders of the Rent Control Court or any other binding orders of the court. We are not expressing any opinion regarding the inter se disputes between the landlord and tenant. Police is directed to see that petitioner is evicted only under due process of law and not by force. The writ petition is disposed of accordingly.