Sasankan vs State Of Kerala And Ors

According to the petitioner, he is running a wholesale business of banana shop for the last 40 years in a shop room bearing registration No. KP-

1/1352 situated in Survey No. 1301/7-2 of Kallara Village, Thiruvananthapuram District.

The case put forth by the petitioner is that respondents 4 and 5 are attempting to forcefully evict the petitioner from the premises in question. It is

submitted that respondents 4 to 6 have no manner of right over the property in question. Anyhow, it is apparent from the documents produced by the

petitioner that suit and counter suit are pending by and between the parties before the civil court, evident from Exts.P2 and P4.

I have heard the learned counsel for the petitioner and the learned Government Pleader.

In my considered opinion, the subject issues raised in the writ petition is a private dispute by and between the petitioner and respondents 4 to 6, and

apparently in order to ventilate the respective grievances, suits are pending consideration before the competent civil courts. I do not think, the

petitioner is entitled to maintain a parallel remedy while suits are pending consideration before the civil court.

I am of the considered opinion that the writ petition can be disposed of with appropriate directions. Accordingly, this writ petition is disposed of, leaving

open the liberty of the petitioner to pursue necessary remedies in the suit filed by the petitioner. In the meanwhile, in view of the contentions raised in

the writ petition, respondents 2 and 3 shall ensure law and order situation in the area in question. If the petitioner makes an application along with a

copy of this writ petition before the second respondent, the second respondent shall consider the same in accordance with law and ensure that

untoward incidents are avoided, bearing in mind civil suits are pending between the parties before the competent civil court.