Vaikom Erachi Kakka Samskarana ... vs The Circle Inspector Of Police
2022 Latest Caselaw 11227 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                        WP(C) NO. 15763 OF 2020
PETITIONER:

          VAIKOM ERACHI KAKKA SAMSKARANA GENERAL MARKETING CO-
          OPERATIVE SOCIETY LTD., NO.K.1228, T.V.PURAM.P.O.,
          VAIKOM-686606, REPRESENTED BY ITS SECRETARY.
          BY ADVS.
          SRI.T.A.SHAJI (SR.)
          SRI.S.ABHILASH VISHNU
          SRI.ATHUL SHAJI
          SHRI.ANWIN JOHN ANTONY
RESPONDENTS:

    1     THE CIRCLE INSPECTOR OF POLICE,
          VAIKOM, KOTTAYAM DISTRCT-686141.
    2     BINOY.D.,
          AGED 47 YEARS, S/O.DIVAKARAN, EDAPPARAMBIL HOUSE
          (MURINGETHU), T.V.PURAM.P.O., VAIKOM.
          (PRESIDENT, THE VAIKOM LIMESHELL CO-OPERATIVE SOCIETY
          LTD., NO.3145, PALLIPRATHUSSERY.P.O., VAIKOM-686141).
    3     THE VAIKOM LIMESHELL CO-OPERATIVE SOCIETY LTD .,
          NO.3145, PALLIPURATHUSSERY.P.O., VAIKOM-686141,
          KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY.
    4     STATE OF KERALA,
          REPRESENTED BY THE HOME SECRETARY TO GOVERNMENT,
          SECRETARIAT, THIRUVANANTHAPURAM-695001.
          BY ADV SRI.LIJI.J.VADAKEDOM
          T.K.SHAJAHAN-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15763 OF 2020

                                        2




                                JUDGMENT

Dated this the 2nd day of December, 2022

This writ petition is filed seeking the following prayers:

"(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to provide adequate and effective police protection to the life and property of petitioner, its members/workers and managing committee members/office bearers to engage in procurement, processing and marketing of clam meat/lime shell, paddy, cashew nut and fish within the area of operation of the petitioner society specified in Ext-P2;

(ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to provide adequate and effective police protection to ensure that no obstruction is caused to the petitioner's members/workers;

(iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to remove the obstruction caused by the respondents 2 and 3 and their henchmen for the procurement, processing and marketing of clam meat/lime shell, clam meat/lime shell, paddy, cashew nut and fish within the area of operation of the petitioner society specified in Ext-P2"

2. Heard the learned counsel for the petitioner, the learned

Government Pleader as well as the learned counsel appearing for

respondents 2 and 3.

3. It is submitted that there was an interim order granted on WP(C) NO. 15763 OF 2020

05.08.2020 and that, at present, there is no law and order situation.

The said submission is recorded. This writ petition is, accordingly,

closed. In case of any further dispute between the parties, it will be

open to them to approach the Station House Officer or the appropriate

authorities in accordance with law. It is made clear that none of the

contentions of the parties are decided by this judgment.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15763 OF 2020

APPENDIX OF WP(C) 15763/2020

PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 30.1.2020 ISSUED BY THE COMPETENT AUTHORITY, NAMELY THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES, KOTTAYAM. EXHIBIT P2 TRUE COPY OF THE REGISTERED BYE-LAWS OF THE PETITIONER SOCIETY.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT DATED 24.7.2020 SUBMITTED TO THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 31.7.2020 SUBMITTED TO THE 1ST RESPONDENT, ALONG WITH THE RECEIPT.

RESPONDENTS' EXHIBITS: NIL