IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942 WP(C).No.5143 OF 2021(P)
PETITIONER:
THE COMMERCIAL BANK EMPLOYEES CO-OPERATIVE BANK LTD., SREENIVASA IYER ROAD, KOTTAYAM-1, REPRESENTED BY ITS SECRETARY, HARISANKAR.S., S/O. K.SURESH , 34 YEARS, SUBASH BHAVAN, MARIYAPPALLY P.O., KOTTAYAM,PIN-686 013 BY ADV. SRI.V.M.KRISHNAKUMAR RESPONDENTS:
1 THE DISTRICT POLICE CHIEF OFFICE OF DISTRICT POLICE CHIEF, KOTTAYAM-
KUMILY ROAD, COLLECTORATE, KOTTAYAM,PIN-686 002 2 STATION HOUSE OFFICER (CIRLE INSPECTOR OF POLICE), KOTTAYAM WEST POLICE STATION, KODIMATHA, KOTTAYAM,PIN-686 013
3 KERALA CO-OPERATIVE EMPLOYEES UNION (CITU)
KOTTAYAM WEST AREA COMMITTEE, REPRESENTED BY ITS SECRETARY, AMRUTHLAL.K., C/O. KOTTAYAM COOPERATIVE URBAN BANK, MAIN BRANCH , TEMPLE ROAD, NEAR TIRUNAKKARA TEMPLE, THIRUNAKKARA, KOTTAYAM, KERALA-686 001 SRI SUNIL NATH N.B- GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
The petitioner, which is a Commercial Bank Employees Co-
operative Bank Ltd., has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to afford adequate and effective police protection to the petitioner and its members for conducting the annual general body meeting proposed in Ext.P1 notice dated 03.02.2021 in the event of any obstruction from the members of the 3rd respondent union.
2. On 26.02.2021, when this writ petition came up for admission, this Court passed the following order;
“The petitioner Bank has filed this writ petition as 'today motion', seeking a writ of mandamus commanding respondents 1 and 2 to afford adequate and effective police protection to the petitioner and its members for conducting annual general body meeting on 27.02.2021, as proposed in Ext.P1 notice dated 03.02.2021. When the matter came up for admission, the learned Government Pleader was directed to get instructions by 4.30 p.m.
The learned Government Pleader, on instructions, would submit that respondents 1 and 2 received Exts.P3 and P4 representations made by the petitioner Bank seeking police protection, only on 25.02.2021.
Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, this Court finds that though Ext.P2 notice of the 3rd respondent Union is one dated 16.02.2021, the petitioner has chosen to file this writ petition only today, seeking police protection for the annual general body meeting scheduled on 27.02.2021. The conduct of the petitioner in approaching this Court in the last minute, with an intention to secure an ex-parte interim order, has to be deprecated in the strongest term and I do so.
The learned Government Pleader takes notice on admission for respondents 1 and 2. Issue urgent notice on admission by special messenger to the 3rd respondent, returnable by
02.03.2021.
Considering the fact that the annual general body meeting of the petitioner Bank is scheduled to be held on 27.02.2021, this Court deem it appropriate to direct the 2nd respondent Station House Officer to take necessary steps to ensure that there is no threat to law and order in the locality, at the time of the annual general body meeting of the petitioner Bank.”
3. Today, when this case is taken up for consideration, it is submitted by the learned counsel for the petitioner that the annual general body meeting was conducted on 27.02.2021, without any law and order issues. In terms of the interim order dated 26.02.2021, the 2nd respondent Station House Officer rendered necessary police protection.
Recording the aforesaid fact, this writ petition is closed.
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