JUDGMENT

1.This writ petition is filed seeking the following reliefs:-

“i)To call for the records relating to Exhibit P-1 to P-14 and to issue writ of mandamus commanding respondents 1 and 2 to give sufficient police protection to the life of the petitioners and property of the 1st petitioner trust which includes the college and building, and other facilities provided by the trust for running the college by name Sree Narayana Guru College of Advanced Studies without any kind of attack or commission of any criminal offence by the respondents 3 to 8 onwards and their people.

2) To issue any order or direction commanding the respondents 1 and 2 to remove respondents 3 to 8 from the college compound as they are suspended meetings and also to arrest them by registering criminal cases against them for the criminal acts done by them.”

2.Heard the learned counsel for the petitioners, the learned Government Pleader as well as the learned counsel appearing for respondents 3 to 8.

3.The learned counsel for the petitioners submits that the 1st petitioner is a trust and petitioners 2 to 5 are the office bearers of the trust, which is running an affiliated college by name 'Sree Narayana Guru College of Advanced Studies'. It is submitted that respondents, who were members of the trust, were suspended for a period of five years, pursuant to Exhibit P4 decision taken on 30.10.2021. It is submitted that a suit was filed by one Subin K.S as O.S.No.234/2021 on 10.12.2021 seeking the conduct of election to the managing committee of the trust. It is further stated that an election was conducted on 19.1.2022. 34 members participated in the general body and Exhibit P5 minutes are produced to contend that the petitioners were elected as the Executive Committee of the Trust. It is submitted that on 21.1.2022, office bearers of the trust were also elected and on 25.1.2022, the Manager of the college was appointed. Exhibit P10 intimation to the State Bank of India dated 2.2.2022 is also produced by the petitioners. However, it is submitted that an attempt was made by the Principal of the college, whose service was terminated and by the suspended members, to disrupt the proper conduct of the college by making false representation to the University by Exhibit P11 complaint. It is stated that no action is taken on the complaint and the 5th petitioner, as Manager, is administering the college. It is contended that respondents 3 to 8 are creating problems in the functioning of the college and they are trying to interfere with the management of the college. Though Ext.P12 complaint was preferred, no steps are taken by the police.

4. A detailed counter affidavit has been placed on record by respondents 3 to 8. It is contended that the writ petition has been filed suppressing material facts and that the writ petitioners have no connection with the trust at present and they have no role in the present governing body of the Committee. It is stated that the bye law of the trust are not amended, as alleged in the writ petition and the 4th respondent is the Manager of the college run by the trust and not the 5th petitioner. Exhibit R3(a) application for renewal of NOC for the self-financing colleges for the year 2022 filed by the 4th respondent is produced in support of this contention.It is stated that the NOC has been renewed on the basis of the application made by the 4th respondent. It is further submitted that O.S.No.234/2021 filed before the Munsiff's Court, Thrissur was a collusive affair and that the prayer was only for injunction restraining the defendants from removing the plaintiff from membership of the trust and to direct the conduct of the election to the Managing Committee. When the 5th respondent, who is the present Secretary of the trust, filed a petition to implead himself as the 2nd defendant in the suit, the suit was withdrawn as not pressed. It is stated that petitioners 2 to 4 are not the office bearers of the trust and the 5th petitioner is not the