Kerala High Court
Kozhikode Sarvodaya Sangh vs The State Of Kerala on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
WP(C) NO. 20455 OF 2023
PETITIONER:
KOZHIKODE SARVODAYA SANGH
A DECENTRALIZED UNIT OF KERALA SARVODAYA SANGH,
HAVING REGISTERED OFFICE POST BOX NO. 216,
KHADI GRAM, S M STREET, KOZHIKODE DISTRICT,
PINCODE - 673 001, REPRESENTED BY ITS SECRETARY
VISHWAN P, S/O KANARAN NAIR, RESIDING IN THE ADDRESS
KAREETTUM PURATH MEETHAL, KUNNATHARA P O,
KOZHIKODE DISTRICT, PIN - 673323
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM P O,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
THAMARASSERY, THAMARASSERY P O,
KOZHIKODE DISTRICT, PIN - 673573
3 THE CIRCLE INSPECTOR OF POLICE
THAMARASSERY POLICE STATION, OFFICE OF THE CIRCLE
INSPECTOR OF POLICE, THAMARASSERY POLICE STATION,
THAMARASSERY P O, KOZHIKODE DISTRICT, PIN - 673573
4 SAIDHALVI
PERSONAL DETAILS NOT KNOWN, MANAGING THE
ARRIVAL AND DEPARTURE OF THE PRIVATE BUSES
IN THE THAMARASERRY PRIVATE BUS STAND,
THAMARASSERY P O, KOZHIKODE DISTRICT,
PIN - 673573
WP(C) NO.20455 OF 2023
2
5 VIPIN V
S/O VISHWANATHAN, RESIDING IN THE ADDRESS
SREESADHANAM HOUSE, PONOCHAT,
KOZHIKODE DISTRICT, PIN - 673614
OTHER PRESENT:
SMT. VIDHYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO.20455 OF 2023
3
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.20455 of 2023
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Dated this the 14th day of August, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"i) Issue a writ of mandamus or any other appropriate
direction commanding the respondents 2 and 3 to
provide adequate and sufficient police protection to the
petitioner and its officers, and employees, for the
purpose of opening the K G Bhavan at Thamarasserry,
conduct normal business, have the sales and have the
stock verification, and fix the rebate claims etc; from the
obstructions being caused by the 4th and 5th
respondents, either in person or through their men, in
the interest of justice.
ii) To exempt the petitioner from producing the
translation of the documents in vernacular language.
AND
iii) To pass any such or further orders as the petitioner
WP(C) NO.20455 OF 2023
may seek and this Hon'ble Court deem fit to grant."[SIC]
2. The main prayer in this writ petition is to issue
direction to respondents No.2 and 3 to provide adequate
and sufficient police protection to the petitioner and its
officers and employees, for the purpose of opening the
KG Bhavan at Thamarassery, conduct normal business,
have the sales and have the stock verification and fix the
rebate claims etc; from the obstructions being caused by
the 4th and 5th respondents.
3. When this writ petition came up for
consideration before this Court on 23.06.2023, this Court
passed an interim order directing respondents 2 and 3 to
provide adequate and sufficient police protection as
against the 4th and 5th respondent for allowing the
petitioner to open KG Bhavan, which is the Thamarassery
kendra and to have stock verification conducted there
and continue with the operation thereof on a day-to-day
WP(C) NO.20455 OF 2023
basis.
4. When this Court issued notice to the contesting
respondents, there is no appearance for the contesting
respondents. If that be the case, the interim order can be
made absolute and the petitioner can be allowed to
approach the Police, if there is any threat from
respondents 4 and 5.
Therefore, this writ petition is disposed of with the
following directions:
i. The interim order dated 23.06.2023 is
made absolute.
ii. If there is any threat to the petitioner from
respondents 4 and 5 and their men, for doing the
activities mentioned in this writ petition, the
petitioner is free to approach the 3 rd respondent and
the 3rd respondent will do the needful in accordance
to law, to see that there is no law and order problem.
WP(C) NO.20455 OF 2023
iii. If there is any labour dispute between the
petitioner and its employees, that question is left
open and that can be agitated before the appropriate
authority, in accordance to law.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO.20455 OF 2023
APPENDIX OF WP(C) 20455/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM AND
RULES AND REGULATIONS OF THE KOZHIKODE
SARVODAYA SANGH DATED NIL.
EXHIBIT P2 A TRUE COPY OF THE SERVICE CONDITIONS
OF THE MEMBERS OF THE KOZHIKODE
SARVODAYA SANGH PROMULGATED DATE
01.04.1990.
EXHIBIT P3 A TRUE COPY OF THE LETTER ISSUED TO
THE 5TH RESPONDENT WITH COVER DATED
12.04.2023.
EXHIBIT P4 A TRUE COPY OF THE LETTER ISSUED TO
THE 5TH RESPONDENT DATED 10.05.2023
WITH COVER.
EXHIBIT P5 A TRUE COPY OF THE MEMO GIVEN TO ONE
SREEHARI DATED 20.03.2023.
EXHIBIT P6 EXT-P6: A TRUE COPY OF THE CIRCULAR
ISSUED BY THE PETITIONER DATED
18.03.2023.
EXHIBIT P7 A TRUE COPY OF THE GENERAL DIRECTIONS
ISSUED BY THE PETITIONER DATED
06.03.2023.
EXHIBIT P8 A TRUE COPY OF THE LETTER TO THE
PETITIONER , DATED 29.05.2023.
EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION GIVEN
TO SREEHARI DATED 05.04.2023 BY THE
PETITIONER.
WP(C) NO.20455 OF 2023
EXHIBIT P10 A TRUE COPY OF THE LETTER BY THE
SREEHARI TO THE PETITIONER THROUGH ITS
SECRETARY DATED 10.06.2023.
EXHIBIT P11 A TRUE COPY OF THE COMPLAINT GIVEN BY
THE PETITIONER DATED 08.06.2023.
EXHIBIT P12 A TRUE COPY OF THE PHOTOGRAPHS
PRODUCED BY THE PETITIONER DATED NIL.
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
