Sasikumar vs State Of Kerala
2023 Latest Caselaw 142 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                        WP(C) NO. 34941 OF 2022
PETITIONER:

            SASIKUMAR
            AGED 59 YEARS
            S/O. GANGADHARAN PILLAI, ASWATHY BHAVAN, VEERALAM,
            ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN -695101.
            BY ADV J.JAYAKUMAR
RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
    2       THE DEPUTY SUPERINTENDENT OF POLICE,
            ATTINGAL OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
            ATTINGAL, THIRUVANANTHAPURAM-695101.
    3       THE CIRCLE INSPECTOR OF POLICE,
            ATTINGAL POLICE STATION, ATTINGAL P.O.,
            THIRUVANANTHAPURAM-695101.
    4       THE ELECTORAL OFFICER,
            CHIRAYINKEEZHU BLOCK MILK DEVELOPMENT OFFICER,
            CHIRAYINKEEZHU BLOCK MILK DEVELOPMENT OFFICE,
            KATTUKULAM, CHIRAYINKEEZHU,
            THIRUVANANTHAPURAM DISTRICT -695105
    5       THE RETURNING OFFICER OF TOWN MILK PRODUCERS CO-
            OPERATIVE SOCIETY NO. T305(D), APCOS,
            (CHIRAYINKEEZHU BLOCK B UNIT DIARY FARM INSTRUCTOR),
            VEERALAM, ATTINGAL - 695101.
    6       TOWN MILK PRODUCERS CO-OPERATIVE SOCIETY NO. T305(D)
            APCOS, VEERALAM, ATTINGAL - 695101,
            REPRESENTED BY ITS SECRETARY.
            SRI.T.K.SHAJAHAN, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34941 OF 2022

                                          2




                                   JUDGMENT

Dated this the 6th day of January, 2023

This writ petition is filed seeking the following prayer:

"(i) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 2 and 3 to afford adequate and meaningful protection for the conduct of fair and peaceful election of 6th respondent Society, which is scheduled to be held on 08.11.2022"

2. It is submitted by the learned counsel for the petitioner that the

election was conducted on 08.11.2022 and that there were instances of

violence during the conduct of the election. It is further stated that in

spite of complaints submitted by the petitioner, no cases were

registered.

3. A statement has been placed on record by the Station House

Officer stating that cases have been registered as Crime No.1636/2022

under Sections 143, 341, 294(b), 323, 324 and 506 of the Indian Penal

Code and Crime No.1637/2022 under Sections 294(b) and 324 of the

Indian Penal Code. It is submitted that investigation into the crimes are

going on and, at present, there are no law and order issues. WP(C) NO. 34941 OF 2022

In the above view of the matter, this writ petition is closed. The

contentions of the petitioner and his further reliefs are left open.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 34941 OF 2022

APPENDIX OF WP(C) 34941/2022

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.E (2) 6117/2022/S.C.E.C. DATED 28.09.2022 ISSUED BY THE STATE CO-OPERATIVE ELECTION COMMISSION. Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 28.10.2022 SUBMITTED BY THE 6TH RESPONDENT TO THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 28.10.2022 SUBMITTED BY THE 6TH RESPONDENT TO THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 8/11/2022 FILED BY ABHIJITH J.S TO THE 3RD RESPONDENT AND IS ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 3RD.

Exhibit P5 TRUE COPY OF THE REPORT DATED 9/11/2022 APPEARED IN MANORAMA MALAYALAM DAILY. RESPONDENTS' EXHIBITS: NIL