The Chethakkal Service ... vs The District Police Chief
2021 Latest Caselaw 21574 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                   WP(C) NO. 21991 OF 2021
PETITIONER:

          THE CHETHAKKAL SERVICE CO-OPERATIVE BANK LIMITED
          NO 3864, R-EDAMON P.O., PATHANAMTHITTA DISTRICT,
          PIN CODE-689 676, REPRESENTED BY ITS SECRETARY
          ABRAHAM JACOB.

          BY ADV ARUN CHANDRAN



RESPONDENTS:

    1     THE DISTRICT POLICE CHIEF
          OFFICE OF THE DISTRICT POLICE CHIEF,
          PATHANAMTHITTA DISTRICT, PIN CODE-689 645.

    2     THE INSPECTOR/STATION HOUSE OFFICER,
          VECHOOCHIRA POLICE STATION, PATHANAMTHITTA
          DISTRICT, PIN CODE-686 511.

    3     SUNNY A.K,
          VATTAKKUNNEL HOUSE, CHETHAKKAL POST,
          PATHANAMTHITTA DISTRICT, PIN CODE-689 676.

    4     ABRAHAM THOMAS,
          THUNDIYIL, CHELLAKKADU, PATHANAMTHITTA DISTRICT,
          PIN CODE-689 677.

    5     RADHAKRISHNAN V.S,
          VANDAKKAL, CHETHAKKAL POST, PATHANAMTHITTA
          DISTRICT, PIN CODE-689 676.

    6     GOPINADHAN PILLAI,
          CHERIYIL, THOMBIKKANDAM, PATHANAMTHITTA DISTRICT,
          PIN CODE-689 676.

    7     BABU,
          MOOLICKAL, VECHOOCHIRA, PATHANAMTHITTA DISTRICT,
          PIN CODE-686 511.

    8     SHAJI K.G,
          KOCHUKUNNUMPURATH , R-EDAMON P.O.,
   WP(C) NO. 21991 OF 2021                2

               PATHANAMTHITTA DISTRICT, PIN CODE-689 676.

    9          MANOJ P.M,
               PICHANATTU, CHETHAKKAL POST, PATHANAMTHITTA
               DISTRICT, PIN CODE-689 676.

   10          GEETHA BIJU
               THANNUVELIL, CHETHAKKAL POST, PATHANAMTHITTA
               DISTRICT, PIN CODE-689 676.

   11          VIJAYAKUMARI,
               PICHANATTU, CHETHAKKAL POST, PATHANAMTHITTA
               DISTRICT, PIN CODE-689 676

   12          NANDAKUMAR T.R,
               PATTIKUDATHINKAL, R-EDAMON P.O, PATHANAMTHITTA
               DISTRICT, PIN CODE-689 676.

   13          MOHAN ABRAHAM,
               MANAKKAYIL, CHETHAKKAL POST, PATHANAMTHITTA
               DISTRICT, PIN CODE-689 676

   14          JOHN P.S,
               PUTHUPPARAMPIL, EDAMON P.O., PATHANAMTHITTA
               DISTRICT, PIN CODE-689 676


OTHER PRESENT:

               SRI.P.M.SHAMEER, G.P

               SHRI.P.HARIDAS

               SHRI.K.B.ABHIJITH




        THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON   02.11.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
  WP(C) NO. 21991 OF 2021                      3

                                JUDGMENT

The petitioner is stated to be a Co-operative

Society operating under the provisions of the

Kerala Co-operative Societies Act (KCS Act for

short). They say that certain allegations were

raised against them by certain depositors and an

enquiry was also conducted, to find that one of

their employees had committed large scale

misdemeanor with respect to the accounts and the

details of account holders.

2. The petitioner says that necessary action

in terms of the enquiries are now been taken

forward; but that, in the meanwhile, the party

respondents - who are all persons who have

deposited amounts with the Bank - have, under a

misconception, organized themselves into an

unlawful assembly and are obstructing the

functioning of the Bank, including the entry and

exit from it by its Board Members, employees,

staff and customers. They say that, therefore,

they were left without any other option but to

approach the 2nd respondent - Station House

Officer with a request seeking protection; but

that since no action was taken thereon, they have

been constrained to approach this Court through

this writ petition.

3. I have heard Shri.Arun Chandran, learned

counsel for the petitioner; Shri.P.Haridas,

learned counsel appearing for respondents 3 to

10; Shri.K.B.Abhijith, learned counsel appearing

for respondents 12 to 14 and Shri.P.M.Shameer,

learned Government Pleader appearing for

respondents 1 and 2.

4. Shri.P.Haridas, learned counsel appearing

for respondents 3 to 10, submitted that his

clients are justified in exercising their

legitimate right of conducting dharnas and

strikes in front of the Bank because all of them

have lost their money on account of the

mismanagement and misdemeanor conducted by some

of their employees and persons in management. He

asserted that, however, his clients have not

taken law into their own hands, nor they

obstructed the functioning of the Bank or the

ingress and egress into its properties, but are

only engaged in a peaceful dharna. He submitted

that, the attempt of the Bank, through this writ

petition, is to frustrate their legally valid

protests; and thus prayed that this writ petition

be dismissed.

5. Shri.K.B.Abhijith, learned counsel for

respondents 12 to 14, adopted the afore

submissions of Shri.P.Haridas and reiterated that

his clients are also engaged in peaceful strike

and dharna.

6. Shri.P.M.Shameer, learned Government

Pleader appearing for respondents 1 and 2,

submitted that, in implicit compliance of the

interim order of this Court dated 12.10.2021, the

petitioner and their willing staff, employees and

customers, have been afforded adequate and

necessary protection; and that the ingress and

egress into the Bank has been assured to be

without interruption throughout.

7. When I evaluate the afore rival positions,

it is luculent that respondents 3 to 14 have a

legitimate cause against the petitioner - Bank;

but even that being so, as long as our country

operates under the Rule of law, they cannot be

allowed to take law into their own hands. Of

course, they are at full liberty to exercise

their legitimate right to protest and to sit in

dharnas, as long as they are peaceful and do not

cause any obstruction to the functioning of the

Bank or any vexation to their employees and

customers.

In the afore perspective, I allow this writ

petition confirming the interim order dated

12.10.2021; thus directing the 2nd respondent to

act implicitly as per its terms, ensuring that

law and order is always maintained without

anyone, including the party respondents or their

men, being allowed to breach peace in any manner

whatsoever in future.

Needless to say, the party respondents are at

full liberty to exercise their peaceful right of

protest, provided they follow lawful orders to be

issued by the Police Authorities, but without

causing any obstruction or engaging in unlawful

activities during such.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/3.11

APPENDIX OF WP(C) 21991/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF NEWSPAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DATED 29.9.2021

Exhibit P1(A) TRUE COPY OF NEWSPAPER REPORT PUBLISHED IN DASABHIMANI DAILY DATED 29.9.2021

Exhibit P2 TRUE COPY OF THE FIR DATED 28.9.2021