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
['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.