Kerala High Court
The Commercial Bank Employees ... vs The District Police Chief on 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
WP(C).No.5143 OF 2021(P)
PETITIONER:
THE COMMERCIAL BANK EMPLOYEES CO-OPERATIVE BANK
LTD., SREENIVASA IYER ROAD, KOTTAYAM-1,
REPRESENTED BY ITS SECRETARY, HARISANKAR.S.,
S/O. K.SURESH , 34 YEARS, SUBASH BHAVAN,
MARIYAPPALLY P.O., KOTTAYAM,PIN-686 013
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
OFFICE OF DISTRICT POLICE CHIEF, KOTTAYAM-
KUMILY ROAD, COLLECTORATE, KOTTAYAM,PIN-686 002
2 STATION HOUSE OFFICER (CIRLE INSPECTOR OF
POLICE), KOTTAYAM WEST POLICE STATION,
KODIMATHA, KOTTAYAM,PIN-686 013
3 KERALA CO-OPERATIVE EMPLOYEES UNION (CITU)
KOTTAYAM WEST AREA COMMITTEE, REPRESENTED BY
ITS SECRETARY, AMRUTHLAL.K., C/O. KOTTAYAM
COOPERATIVE URBAN BANK, MAIN BRANCH , TEMPLE
ROAD, NEAR TIRUNAKKARA TEMPLE, THIRUNAKKARA,
KOTTAYAM, KERALA-686 001
SRI SUNIL NATH N.B- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.5143 of 2021
2
JUDGMENT
The petitioner, which is a Commercial Bank Employees Co-
operative Bank Ltd., has filed this writ petition under Article 226
of the Constitution of India, seeking a writ of mandamus
commanding respondents 1 and 2 to afford adequate and
effective police protection to the petitioner and its members for
conducting the annual general body meeting proposed in Ext.P1
notice dated 03.02.2021 in the event of any obstruction from the
members of the 3rd respondent union.
2. On 26.02.2021, when this writ petition came up for
admission, this Court passed the following order;
"The petitioner Bank has filed this writ petition as 'today
motion', seeking a writ of mandamus commanding
respondents 1 and 2 to afford adequate and effective police
protection to the petitioner and its members for conducting
annual general body meeting on 27.02.2021, as proposed
in Ext.P1 notice dated 03.02.2021. When the matter came
up for admission, the learned Government Pleader was
directed to get instructions by 4.30 p.m.
The learned Government Pleader, on instructions, would
submit that respondents 1 and 2 received Exts.P3 and P4
representations made by the petitioner Bank seeking police
WP(C)No.5143 of 2021
protection, only on 25.02.2021.
Having considered the pleadings and materials on record
and also the submissions made by the learned counsel on
both sides, this Court finds that though Ext.P2 notice of the
3rd respondent Union is one dated 16.02.2021, the
petitioner has chosen to file this writ petition only today,
seeking police protection for the annual general body
meeting scheduled on 27.02.2021. The conduct of the
petitioner in approaching this Court in the last minute, with
an intention to secure an ex-parte interim order, has to be
deprecated in the strongest term and I do so.
The learned Government Pleader takes notice on admission
for respondents 1 and 2. Issue urgent notice on admission
by special messenger to the 3rd respondent, returnable by
02.03.2021.
Considering the fact that the annual general body meeting
of the petitioner Bank is scheduled to be held on
27.02.2021, this Court deem it appropriate to direct the 2 nd
respondent Station House Officer to take necessary steps
to ensure that there is no threat to law and order in the
locality, at the time of the annual general body meeting of
the petitioner Bank."
3. Today, when this case is taken up for consideration, it
is submitted by the learned counsel for the petitioner that the
annual general body meeting was conducted on 27.02.2021,
WP(C)No.5143 of 2021
without any law and order issues. In terms of the interim order
dated 26.02.2021, the 2nd respondent Station House Officer
rendered necessary police protection.
Recording the aforesaid fact, this writ petition is closed.
Sd/-
ANIL K. NARENDRAN
JUDGE
yd
