S.Reghu vs The Commissioner Of Police
2022 Latest Caselaw 6741 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                        WP(C) NO. 6966 OF 2022
PETITIONERS:

    1     S.REGHU
          AGED 80 YEARS
          S/O SEKHARAN CHANNAR, PRESIDENT, MAVARTHALAKONAM
          RESIDENT ASSOCIATION, SOUPARNIKA UP 8/586, KALLAMPILLY,
          THIRUVANANTHAPURAM-695011.
    2     V S ANILKUMAR
          AGED 50 YEARS
          S/O SUKUMARAN NAIR, GENERAL SECRETARY, MAVARTHALAKONAM
          RESIDENT ASSOCIATION, SOUPARNIKA UP 8/586, KALLAMPILLY
          ROAD, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-695011.
          BY ADV R.S.SARAT
RESPONDENTS:

    1     THE COMMISSIONER OF POLICE
          OFFICE OF THE COMMISSIONER OF POLICE,
          POLICE GROUND, C V RAMAN PILLAI ROAD, THYCAUD,
          THIRUVANANTHAPURAM-695014
    2     THE STATION HOUSE OFFICER
          SREEKARIYAM POLICE STATION, SREEKARIYAM-AAKKULAM ROAD,
          OPPOSITE LOYOLA SCHOOL, BABUJI NAGAR, SREEKARIYAM,
          THIRUVANANTHAPURAM-695017.
    3     SHAJIMON B L.
          KARTHIKA, KATTUVILA, KALLAMPILLI,
          MEDICAL COLLEGE P O, THIRUVANANTHAPURAM-695011.
    4     V K VARGHESE
          T C 7/212, GORGEOUS NIWAS ,KALLAMPALLY,
          SREEKARYAM P O, THIRUVANATHAPURAM-695017.
    5     ADDL.R5 DISTRICT REGISTRAR (GENERAL)
          OFFICE OF THE DISTRICT REGISTRAR, FIRST FLOOR,
          TRANSPORT BHAVAN, FORT,THIRUVANANTHAPURAM,KERALA 695023

          [ADDL.R5 IS IMPLEADED AS PER ORDER DATED 22/03/2022 IN
          IA NO:1/2022 IN WP(C) 6966/2022]
          G.RANJU MOHAN
          M.SANTHI (K/868/2011)
          ANJITHA T.R.
          THARA JOHNSON
          T.K.SHAJAHAN-SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 6966 OF 2022

                                         2


                                 JUDGMENT

Dated this the 14th day of June, 2022

This writ petition is filed seeking the following prayers:

"(i) A writ of mandamus or any other appropriate writ, order or direction directing the 1st and 2nd respondent not to harass the petitioner in discharging their duties as office bearers of the Association.

(ii) A writ of mandamus or any other appropriate writ order or direction directing the 1st and 2nd respondents to hand over the documents

(iii) pertaining to the Association, which has been ceased by them as also to hand over the keys of the Association building and to refrain from interfering with the lawful functioning of the Association.

(iv) issue a writ of certiorari or any other appropriate writ order or direction quashing Exhibit P10 notice and further direction in the form of writ of prohibition or any other appropriate writ order or direction restraining respondents 1 and 2 from issuing notice in the nature of Exhibit P10.

(v) Issue appropriate order or direction to respondents 3 and 4, to withdraw the illegal complaint made to the 2nd respondent and also to refrain from making such concocted complaints in future and not to in any manner interfere with an estimate functioning of the Association"

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

Government Pleader as well as the learned counsel appearing for

respondents 3 and 4.

3. It is submitted by the learned counsel for the petitioners that the WP(C) NO. 6966 OF 2022

1st and 2nd petitioners are the President and General Secretary

respectively of a Society registered under the Travancore Cochin

Literary Scientific & Charitable Societies Registration Act, 1955. It is

submitted that a general body was convened for conducting elections

on 31.10.2021 and that the elected office bearers of the Society had

been duly registered by the Registrar by Ext.P3 proceedings dated

08.11.2021. It is submitted that on the contention that a dispute had

been raised by respondents 3 and 4 and certain other members, the

police had seized the documents and the keys of the office building of

the Society and that the documents and the keys have not been handed

over to the petitioners in spite of the fact that they are the elected office

bearers. It is on these contentions of the petitioners that they seek the

prayers as made in the writ petition.

4. A counter affidavit has been placed on record by respondents 3

and 4. It is contended therein that the petitioners are not the duly

elected President and General Secretary of the Association and that the

general body conducted on 31.10.2021 was disrupted due to protest

from members including the party respondents. It is stated that there WP(C) NO. 6966 OF 2022

was a law and order situation and on the basis of complaints made by

the respondents with regard to forgery by the petitioners and the other

office bearers of the signature of one Manuchandran U.S., a criminal

complaint has been preferred by the 3rd respondent before the police. It

is submitted that the petitioners are refusing to convene a general body

meeting and that the right of the 2nd petitioner to be even a member of

the Association is under dispute, since he is staying outside the area of

operation of the Society. On these allegations, it is contended that the

prayers as sought for cannot be granted.

5. The learned Government Pleader submits, on instructions, that

there were serious disputes occasioned during the general body meeting

of the Society which was convened to elect the new office bearers on

31.10.2021. It is submitted that the petitioners as well as the party

respondents and other members of the Society had been summoned to

the Police Station in connection with the complaints raised and that

they had all agreed to hand over the keys and the documents to the

Station House Officer till the issues are resolved. It is submitted that

thereafter, the Station House Officer had addressed the District WP(C) NO. 6966 OF 2022

Registrar for directions as to the further steps to be taken in the matter,

but no directions have been forthcoming which is the reason why the

records had not been handed over. It is submitted that it is only due to

the unruly situation created by the members that Ext.P10 notice had to

be issued and there is no law and order situation, at present.

6. Having considered the contentions advanced, I notice that the

issue raised in the writ petition is with regard to the conduct of the

general body meeting on 31.10.2021 and whether the election

conducted on that day was proper or not. It appears that a complaint has

also been preferred before the police stating that the signature of the

erstwhile Treasurer had been forged in Ext.P3 which was a request

made before the District Registrar. I am of the opinion that these are

issues which have to be considered either by the general body of the

society or by the competent authorities as provided under the provisions

of the Act. However, since it was on account of an understanding

between the parties that the keys of the premises had been handed over

to the police, I am of the opinion that as matters stand now in the light

of Ext.P3, the keys of the premises are liable to be handed over to the WP(C) NO. 6966 OF 2022

petitioners, subject of-course to orders, if any, to be passed by the

competent civil courts or the authorities or the general body. In case

there are any documents which are to be retained by the police in

connection to investigation into any criminal complaint, the same shall

be retained by the police.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 6966 OF 2022

APPENDIX OF WP(C) 6966/2022

PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT PAGES OF BYE-LAW OF MAVARTHALAKKONAM RESIDENT ASSOCIATION. Exhibit P2 TRUE COPY OF MINUTES PREPARED BY THE RETURNING OFFICER OF THE ELECTION CONDUCTED ON 31.10.2021 (WITH TYPED COPY).

Exhibit P3 TRUE COPY OF OFFICE BEARERS OF MRA ASSOCIATION AS APPROVED BY THE SOCIETY REGISTRAR, THIRUVANANTHAPURAM DATED 08.11.2021 Exhibit P4 TRUE COPY OF COMPLAINT UNDATED GIVEN BY 3RD AND 4TH RESPONDENT TO THE SUB REGISTRAR, CITY REGISTRATION OFFICE, (WITH TYPED COPY). Exhibit P5 TRUE COPY OF REPLY GIVEN BY THE PETITIONERS DATED 6.12.2021 BEFORE THE DISTRICT REGISTRAR (GENERAL), TRIVANDRUM.

Exhibit P6 TRUE COPY OF CORRESPONDENCE OF THE DISTRICT REGISTRAR, REGISTRAR(GENERAL), TRIVANDRUM, HAVING FILE NUMBER DRGTVM-6481/2021-MI DATED 24.01.2022.

Exhibit P7 TRUE COPY OF CORRESPONDENCE BEARING NUMBER 578-GL-2021-SK.M DATED 10.11.2021.

Exhibit P8 TRUE COPY OF CORRESPONDENCE FROM THE OFFICE OF THE DISTRICT REGISTRAR (GENERAL) SOCIETY REGISTRAR, TRIVANDRUM BEARING NUMBER, DRGTV TM/6481/2021-M1 DATED 1.12.2021.

Exhibit P9 TRUE COPY OF MINUTES BOOK OF MAVARTHALAKONAM RESIDENTS ASSOCIATION (RELEVANT PAGE) Exhibit P10 TRUE COPY OF THE NOTICE SEND BY THE 2ND RESPONDENT TO THE 2ND PETITIONER TO REFRAIN FROM FUNCTIONING IN THE CAPACITY OF OFFICE BEARER OF THE ASSOCIATION UNDATED.

RESPONDENTS' EXHIBITS

Exhibit R4(A) TRUE COPY OF THE NOTICE DISTRIBUTED INTIMATING THE NEW OFFICE BEARER OF THE ASSOCIATION Exhibit R4(B) TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY THE THEN VICE PRESIDENT OF THE ASSOCIATION MR. G. VIKRAMAN Exhibit R4(C) TRUE COPY OF THE COMPLAINT DATED 03/11/2021 AND ITS RECEIPT WP(C) NO. 6966 OF 2022

Exhibit R4(D) TRUE COPY OF THE LIST OF OFFICE BEARERS ATTESTED BY THE ADDITIONAL 5TH RESPONDENT Exhibit R4(E) TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 3RD RESPONDENT AND THE THEN TREASURER DATED 29/11/2021 Exhibit R4(F) TRUE COPY OF THE RELEVANT PAGE OF THE ORDER IN I.A. 5577/2013 IN O.S 1135/2013 PASSED BY THE HONOURABLE PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM