Esaf Small Finance Bank Limited vs State Of Kerala
2023 Latest Caselaw 1412 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                         WP(C) NO. 467 OF 2023
PETITIONER:

          ESAF SMALL FINANCE BANK LIMITED
          AGED 49 YEARS
          MANARCAD BRANCH, GROUND FLOOR,
          VETTIKKUNNEL ARCADE, MANARCAUD-PUTHUPPALLY ROAD,
          MANARCAD, KOTTAYAM, PIN-686 019,
          REPRESENTED BY ITS DEPUTY VICE PRESIDENT AND
          REGIONAL HEAD, ERNAKULAM REGION, PIN - 686019
          BY ADVS.
          R.BINDU (SASTHAMANGALAM)
          G.RAJAGOPAL (KUMMANAM)


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO HOME,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN -
          695001
    2     THE DISTRICT POLICE CHIEF
          HGQP-X3R,NEAR KOTTAYAM EAST POLICE STATION, DISTRICT
          POLICE OFFICE, COLLECTORATE, KOTTAYAM, PIN - 686002
    3     THE STATION HOUSE OFFICEER
          MANARCAD POLICE STATION, MANARCAD,
          KOTTAYAM DISTRICT, PIN - 686019
    4     RENJITH K JOSEPH
          KODENCHERUVIL HOUSE,MANGANAMKARA, VIJAYAPURAM VILLAGE,
          KOTTAYAM DISTRICT, PIN - 686010
    5     CHERMA SAMBAVA DEVELOPMENT SOCIETY
          KODUNGOOR, UZHAVOOR, KERALA , REPRESENTED BY ITS
          PRESIDENT K.K.SURESH, PIN - 686504



          SRI.T.K.SHAJAHAN-SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.467 OF 2023

                                             2




                                   JUDGMENT

Dated this the 20th day of January, 2023

This writ petition is filed seeking the

following reliefs:

"(i) issue a writ of mandamus or any other appropriate writ, direction or orders, directing the respondents 2 and to provide sufficient, adequate and effective police protection for the smooth functioning of the Manarcad Branch, Kottayam District the petitioner bank and also from the high handed and illegal actions on the part of the 5 th and its associates/members.

(ii) issue a writ of mandamus or any other appropriate writ, direction or orders, directing the respondents 2 and 3 to initiate appropriate action to remove the tent put up by the 5th respondent and its associates/members causing obstruction to the ingress and egress of the staff of the bank as well as its customers."

2. Heard the learned counsel for the

petitioner and the learned Government Pleader. W.P.(C)No.467 OF 2023

Though notice was taken out to respondents 4 and

5 and was duly served, there is no appearance for

the said respondents.

3. An interim order was passed on

09.01.2023, directing the Station House Officer to

look into Exhibit P4 complaint submitted by the

petitioner and to afford adequate protection for the

functioning of the bank and for the free ingress and

egress to the same.

4. Learned Government Pleader submits on

instructions that pursuant to the complaint

submitted by the petitioner, criminal cases were

registered against certain persons and that after the

same, there is no further law and order situation

and no obstruction has been caused to the smooth

functioning of the bank.

In the above view of the matter, this writ

petition is closed, making the interim order W.P.(C)No.467 OF 2023

absolute. The Station House Officer shall see that

necessary protection is granted for the functioning

of the branch and for free ingress and egress

thereto.

Sd/-

ANU SIVARAMAN JUDGE SSK/20/01 W.P.(C)No.467 OF 2023

APPENDIX PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 2567/2022 OF KOTTAYAM EAST POLICE STATION DATED 30.12.2022 Exhibit -P2 TRUE COPY OF THE FIRST INFORMATION REPORT IN CRIME NO. 2570/2022 OF KOTTAYAM EAST POLICE STATION DATED 30.12.2022 Exhibit-P3 TRUE COPY OF THE ABOVE COMPLAINT DATED 30.12.2022 Exhibit-P4 TRUE COPY OF THE ABOVE REPRESENTATION DATED 02.01.2023

SSK //TRUE COPY// PA TO JUDGE