T H MUSTAFFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The District Magistrate, Ernakulam, (District Collector, Ernakulam) by his proceedings Ext. P4 dated June 28, 1987 revoked an order issued under S. 27 of the Kerala Police Act 1960 (Act 5 of 1961) (hereinafter referred to as the Act), and ordered release of possession of the building and premises bearing door No. 36/183, of the Cochin Corporation, situate in Hospital Road, Ernakulam, to the 3rd respondent, Sri. T.P. Peethambaran, described as the President, District Congress Committee (S). The Commissioner of Police, Ernakulam was directed to implement this order. The building in question is described in the order as the "District Congress Committee Office, Ernakulam". The petitioner, and M.L.A. and the Vice President of the Kerala Pradesh Congress Committee (I), "the Kerala State Unit of the Indian National Congress," has filed this original petition, challenging the order Ext. 24.

(2.) The dispute, that has led to this original petition has its origin in the split that took place in the Indian National Congress in the year, 1978. The petitioner has described this split, the exits, the returns back to the fold, as also the formation of new groups (parties) in paragraphs 2 to 6 of the original petition. Though it may not be absolutely necessary for the purpose of disposal of this original petition, I shall briefly set forth the same for the purpose of understanding the background of the events leading to this original petition.

(3.) 1974 was a year in which the petitioner and the 3rd respondent were members of the same political party, namely the Indian National Congress. They were at that time the President and Vice President respectively of the District Congress Committee, Ernakulam. The building in question, named Chaithanya, situate on land 14.724 cents in extent abutting the Hospital Road, in Ernakulam in the City of Cochin, was purchased in the name of the petitioner and Sri. Ramankutty Achan, who was then the Treasurer of the District Congress Committee, for being owned and used as the office of the said Congress Committee.