Kerala High Court
A.P.Abu vs The Station House Officer/Circle ... on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12408 OF 2024
PETITIONER:
A.P.ABU
AGED 71 YEARS, S/O PAREEKUTTY,
ALIYAM VEETTIL, MALIPPURAM,
MALIPURAM P.O PIN-682 511.
PRESIDENT, THEKKEPALLAMPILLY
KRISHI SAMAJAM, KIZHAKKENADA,
ELAMKUNNAPUZHA P.O, ERNAKULAM
DISTRICT, PIN - 682503
BY ADV.
SRI.T.K.AJITHKUMAR (VALATH)
RESPONDENTS:
1 THE STATION HOUSE OFFICER/
CIRCLE INSPECTOR OF POLICE
NJARAKKAL POLICE STATION, NJARAKKAL P.O,
ERNAKULAM DISTRICT., PIN - 682505
2 I.J.JOSY
ITTIKUNNATH HOUSE, ELAMKUNNAPUZHA,
ELAMKUNNAPUZHA P.O, ERNAKULAM
DISTRICT., PIN - 682503
3 I.S.BENNY BERNAD
ATTIPETTY HOUSE, OCHAMTHURUTH,
OCHAMTHURUTH P.O, ERNAKULAM
DISTRICT, PIN - 682508
BY ADVS.
V.PREMCHAND
HALIYA T.P.(K/001754/2022)
MAHADEV M.J.(K/182/2022)
P.M.SHAMEER - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.12408 of 2024
:2:
JUDGMENT
The petitioner says that, respondents 2 and 3 are likely to obstruct by causing violations of law, in the meeting of the Thekkepallampilly Krishi Samajam - of which he is the president - on 07/04/2024, when it is scheduled. He says that he has, therefore, preferred Ext.P3 complaint before the 1 st respondent, seeking police protection for the conduct of the said meeting, but that no action has been taken by the said Authority, until now; thus constraining him to approach this Court through this writ petition.
2. In response to the afore submissions of Sri.T.K.Ajithkumar - learned counsel for the petitioner, Sri.V.Premchand - learned counsel for respondents 2 and 3, submitted that a detailed counter affidavit has been filed by his clients, wherein, the Bye-Laws of the Samajam have been produced on record. He submitted that, according to his clients, the attempt of the petitioner, in approaching this Court, is only to ensure that members like them are not allowed to participate in the meeting; and that every other allegation is wrong and incorrect, particularly because they will not and do not intend to commit any act, which is in violation of law.
3. Sri.P.M.Shameer - learned Government Pleader, submitted that, the police will ensure that law and order is maintained during W.P.(C) No.12408 of 2024 :3: the meeting, with neither the petitioner nor the party respondents being allowed to take law into their own hands.
4. I record the afore submissions of the learned Government Pleader; with a consequential direction to the 1 st respondent to act suitably and maintain law and order during the meeting of the "Samajam"; however, without interfering with the internecine disputes between the parties, which I clarify, have been left open.
This Writ Petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN JUDGE anm W.P.(C) No.12408 of 2024 :4: APPENDIX OF WP(C) 12408/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE PHOTO COPY OF THE NOTICE DATED 22-12-2023 ISSUED BY THE SECRETARY OF THE THEKKEPALLAMPILLY KRISHI SAMAJAM Exhibit P2 THE TRUE PHOTO COPY OF THE NOTICE DATED 5-1-2024 ISSUED BY THE SECRETARY OF THE THEKKEPALLAMPILLY KRISHI SAMAJAM Exhibit P3 THE TRUE PHOTO COPY OF THE COMPLAINT DATED 16-3-2024 SUBMITTED BY THE PETITIONER Exhibit P4 THE TRUE PHOTO COPY OF THE RECEIPT DATED 16-3-2024 ISSUED FORM THE NJARAKKAL POLICE STATION RESPONDENTS' EXHIBITS Exhibit-R2(A) A TRUE COPY OF THE BYLAW OF THE SAMAJAM DATED NIL Exhibit-R2(B) A TRUE COPY OF THE NOTICE DATED 1.1.2024 ISSUED TO THE 3RD RESPONDENT