N.P. Thomas vs State Of Kerala

Kerala High Court

N.P. Thomas vs State Of Kerala on 23 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                       WP(C) NO. 18130 OF 2024
PETITIONER:

            N.P. THOMAS, AGED 66 YEARS
            S/O PAUL, RESIDING AT NADACKAL HOUSE, KOTTTAMURI,
            ATHIRAPUZHA P.O., KOTTAYAM TALUK, KOTTAYAM - 686562

            C.DHEERAJ RAJAN
            A.KEVIN THOMAS
            ANAND KALYANAKRISHNAN



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ADDITIONAL CHIEF SECRETARY, HOME
            DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001

    2       SUPERINTENDENT OF POLICE
            KOTTAYAM, OFFICE OF SUPERINTENDENT OF POLICE, KOTTAYAM
            DISTRICT, COLLECTORATE P.O., KOTTAYAM, PIN - 686002

    3       STATION HOUSE OFFICER
            ETTUMANOOR POLICE STATION, POLICE STATION ROAD, NEAR
            CIRCLE INSPECTOR OFFICE, ETTUMANOOR, KOTTAYAM - 686631

    4       MANOJ KUMAR, AGED 46 YEARS
            S/O N GOPAKUMAR, MAYA RESTAURANT, PALA ROAD,
            ETTUMANOOR, KOTTAYAM, PIN - 686631

    5       RAGHUNATHAN NAIR, AGED 60 YEARS
            S/O SIVASANKARAN NAIR, BALARAMAPURAM KAITHARI, AMBALAM
            ROAD, ETTUMANOOR, KOTTAYAM, PIN - 686631

            BY ADV K.K.SATHISH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18130 OF 2024
                                       2


                                   JUDGMENT

The petitioner says that he is a member of the Kerala Vyapari Vyavasaayi Ekopana Samithi, which is a Society registered under the provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. He says that he is the President of the Ettumanoor Unit of the said Samithi and that he has been constrained to approach this Court because his request for police protection, namely Exts.P6 and P7 pending before the respondents 2 and 3 for conduct of the election of the Managing Committee of the said Unit, has evoked no response. He explains that the elections are scheduled on 24.05.2024 and that he expects the same to be interfered with illegally by respondents 4 and 5. He thus prays that the third respondent be directed to afford adequate protection to the Ettumanoor Unit of the Samithi for the purpose of completing the elections scheduled on 24.05.2024 without any let or hindrance.

2. However, in response to the afore submissions of Sri.C.Dheeraj Rajan - learned counsel for the petitioner, the learned counsel appearing for respondents 4 and 5 - Sri.K.K.Sathish, submitted that the allegations against his clients are completely unfounded and they do not intend to cause any WP(C) NO. 18130 OF 2024 3 obstruction to the elections, particularly because one of them is candidate. He therefore prayed that this writ petition be dismissed.

3. Smt. Rekha C.Nair learned Senior Government Pleader, submitted that the Police will keep watch on the election processes of the Ettumanoor Unit of the Kerala Vyapari Vyavasaayi Ekopana Samithi and if any violation of law is found, they will intervene and afford adequate protection.

In view of the afore circumstances, I record the submissions of Sri.K.K.Sathish, as also that of the learned Senior Government Pleader and direct the 3rd respondent to act in terms of law as and when it becomes necessary.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 18130 OF 2024 4 APPENDIX OF WP(C) 18130/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE BYE-LAW OF THE KERALA VYAPARI VYAVASAAYI EKOPANA SAMITHI Exhibit P2 THE TRUE COPY OF THE FIR IN CRIME NO.

491/2024 OF KOTTAYAM WEST POLICE STATION, KOTTAYAM DISTRICT Exhibit P3 THE TRUE COPY OF THE NOTICE REGARDING THE MEETING AND ELECTION DATED 03.05.2024 Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGE OF LETTER DATED 03.05.2024 ISSUED BY THE PETITIONER ALONG WITH SECRETARY AND TREASURER TO THE DISTRICT PRESIDENT OF THE KOTTAYAM DISTRICT COMMITTEE OF THE KERALA VYAPARI VYAVASAAYI EKOPANA SAMITHI INTIMATING THE ELECTION TO BE HELD ON 24.05.2024 Exhibit P5 THE TRUE COPY OF THE CASH DEPOSIT SLIP EVIDENCING THE FACTUM OF DEPOSIT OF AMOUNT DATED 03.05.2024 Exhibit P6 THE TRUE COPY OF THE COMPLAINT DATED 14.05.2024 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH THE RECEIPT Exhibit P7 THE TRUE COPY OF THE RECEIPT DATED 14.05.2024 EVIDENCING THE FACTUM OF PREFERRING COMPLAINT BEFORE THE 3RD RESPONDENT