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2018 Supreme(Online)(KER) 40501

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

&

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

THURSDAY ,THE 25TH DAY OF OCTOBER 2018 / 3RD KARTHIKA, 1940

WP(C).No. 15853 of 2018

PETITIONER/S:

1

A.N.RAMACHANDRAN,

AGED 60 YEARS, S/O.NARAYANAN, SECRETARY, SNDP YOGAM,

ALUVA UNION, RAIL ROAD, ALUVA, ERNAKULAM,

PIN-683 101, RESIDING AT ALAVUNGAL HOUSE, CHENGAMANAD

P.O., ALUVA, ERNAKULAM-683 578.

2

K.S.SWAMINADHAN,

AGED 59 YEARS, S/O.SWAMIKUTTY, ADMINISTRATOR, SNDP

YOGAM, VADACODE KANGARAPADY SHAKA NO.213, VADACODE

P.O., ERNAKULAM, RESIDING AT PRASANTHI, SANTHI

NILAYAM, ATHANI, ALUVA, ERNAKULAM, PIN-683 585.

BY ADVS.

SRI.THOMAS M.JACOB

SRI.AKHIL K.MADHAV

RESPONDENT/S:

1

SUNIL K.R,

AGED 48 YEARS, KARIPPUMOOLA HOUSE, THIRKKAKKARA P.O.,

(BMC), KOLLANKUDIMUGAL, ERNAKULAM, PIN-682 021.

2

GANGADHARAN,

AGED 49 YEARS, FATHERS'S NAME NOT KNOWN, POKKODATH

HOUSE, VYSHALI, EDATHALA P.O., ERNAKULAM,

PIN-682 021.

3

THE COMMISSIOENR OF POLICE,

REVENUE TOWER, 11TH FLOOR, ERNAKULAM-682 011.

4

THE ASSISTANT COMMISSIONER OF POLICE,

THRIKKAKARA, PIN-682 030.

W.P.C.15853/18

2

5

THE SUB INSPECTOR OF POLICE,

THRIKKAKARA POLICE STATION, PIN-682 030.

BY ADVS.

SRI.V.S.SREEJITH

SRI.M.S.UNNIKRISHNAN

OTHER PRESENT:

R3 TO R5 BY SR.GP SRI.P.P.THAJUDEEN

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON

25.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.C.15853/18

3

Advocates:
['SRI THOMAS M JACOB', '', 'SRI AKHIL K MADHAV', 'SRI V S SREEJITH', '', 'SRI M S UNNIKRISHNAN']

Devan Ramachandran, J.

This writ petition has been filed by the two

petitioners, the first among them claiming to be the

Secretary of the SNDP Yogam, Aluva Union, said to be a

branch constituted at the Taluk level of the SNDP Yogam;

and the 2nd petitioner, who is stated to be the

Administrator appointed by the SNDP Yogam to administer

the affairs of the Taluk Union.

2.

The constitutive allegations in this writ

petition is that the second petitioner, is now being

obstructed from carrying on his duties as the

Administrator by the members of the erstwhile managing

committee of the Taluk Union and the petitioners assert

that the police have a duty to offer them police

protection in discharge of the functions of the 2nd

petitioner.

4

3.

Even though we have heard the learned counsel

for the petitioners as afore; and even though their claim

is based on the assertion that the 2nd petitioner has been

appointed as the Administrator by the SNDP Yogam, we fail

to understand how they can claim police protection,

because if the 2nd petitioner is obstructed in his

activities by the erstwhile office members of the Taluk

Union, his remedy will be to report it to the SNDP Yogam

and obtain necessary action at their instance against the

party respondents. We fail to comprehend how the 2nd

petitioner can arrogate to himself any right to seek and

obtain police protection as if he is acting under the

orders of a statutory or judicial Authority, when

admittedly, he is only a person appointed by the SNDP

Yogam, which is a company constituted under the

provisions of the Companies Act.

4.

In such view of the matter, we cannot accede to

the request of the petitioners to afford them police

protection for the purpose of discharge of the functions

of the 2nd petitioner as the Administrator of the Taluk

Union and leave them liberty to approach the SNDP Yogam

5

or the Court of competent jurisdiction appropriately for

further reliefs.

This writ petition is thus closed.

Sd/-

P.R.RAMACHANDRA MENON

JUDGE

Sd/-

DEVAN RAMACHANDRAN

DG

JUDGE

6

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 :

TRUE COPY OF PROCEEDING NO. SNDP/ALU/43/17

DATED 20/3/2017.

EXHIBIT P2 :

TRUE COPY OF PROCEEDING NO. SNDP/ALU/209/17

DATED 13/9/2017

EXHIBIT P3 :

TRUE COPY OF THE REPORT DATED 13/2/2018 SENT

BY THE 1ST PETITIONER TO THE GENERAL

SECRETARY OF SNDP YOGAM.

EXHIBIT P4 :

TRUE COPY OF LETTER NO. AAO/1680/2018 DATED

16/2/2018 FROM THE SNDP YOGAM TO THE SNDP

ALUVA UNION.

EXHIBIT P5 :

TRUE COPY OF THE LETTER DATED 2/3/2018 SENT

BY THE 1ST PETITIONER TOT HE 1ST RESPONDENT.

EXHIBIT P6 :

TRUE COPY OF PETITION FOR POLICE PROTECTION

DATED 30/4/2018 SUBMITTED TO RESPONDENTS 3

TO 5 TOGETHER WITH THE RECEIPTS.

EXHIBIT P7 :

TRUE COPY OF THE COMPLAINT DATED 2/3/2018

GIVEN BY THE 1ST PETITIONER TO THE 3RD

RESPONDENT.

EXHIBIT P8 :

TRUE COPY OF THE COMPLAINT FILED BEFORE THE

JUDICIAL FIRST CLASS MAGISTRATE COURT,

KAKKANAD AS M.P. NO.2177 OF 2018.

EXHIBIT P9 :

TRUE COPY OF THE LETTER DATED 31/5/2018

ISSUED BY THE 1ST PETITIONER TO THE

SECRETARY, THRIKKAKARA SERVICE CO-OPERATIVE

BANK.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R1 A : THE TRUE COPY OF THE MINUTES OIF THE URGENT

GENERAL BODY HELD ON 2/3/2018 OF SNDP BRANCH

NO. 213.

EXHIBIT R1 B : THE TRUE COPY OF THE LETTER DATED 3/3/2018 ISSUED

BY THE 1ST PETITIONER.

7

EXHIBIT R1 C : TRUE COPY OF THE APPEAL TO THE DIRECTOR BOARD OF

THE SNDP YOGAM DATED NIL.

EXHIBIT R1 D : THE TRUE COPY OF THE REQUEST FOR APPOINTMENT OF AN

ARBITRATOR DATED 11/4/2018.

EXHIBIT R1 E : THE TRUE COPY OF THE MINUTES OF THE SPECIAL

GENERAL BODY DATED 25TH MARCH, 2018.

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