The Standard Tile And Clay Works ... vs State Of Kerala
2023 Latest Caselaw 908 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
                         WP(C) NO. 27271 OF 2021
PETITIONER:

              THE STANDARD TILE AND CLAY WORKS (PRIVATE) LTD.
              CHERUVANNOOR, FEROKE, KOZHIKODE DISTRICT,PIN-673 631,
              REPRESENTED BY ITS DIRECTOR, A.SUNIL KUMAR

              BY ADVS.
              T.R.HARIKUMAR
              ADITHYA RAJEEV



RESPONDENTS:

     1        STATE OF KERALA
              LABOUR AND WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM DISTRICT,PIN-695 001, REPRESENTED BY
              ITS SECRETARY

     2        THE CITY POLICE COMMISSIONER,
              KOZHIKODE, OFFICER OF THE CITY POLICE COMMISSIONER,
              PALAYAM, KOZHIKODE DISTRICT,IN-673 004

     3        THE CIRCLE INSPECTOR OF POLICE,
              NALLALAM POLICE STATION, NALLALAM, KOZHIKODE
              DISTRICT,PIN673 027

     4        THE SUB INSPECTOR OF POLICE,
              NALLALAM POLICE STATION, NALLALAM, KOZHIKODE
              DISTRICT,PIN673 027

     5        CENTRE OF INDIAN TRADE UNIONS (CITU), CORRECTED **
              FEROKE AREA COMMITTEE, FEROKE, KOZHIKODE DISTRICT,PIN-673
              631,

              ** CENTRE OF INDIAN TRADE UNIONS (CITU), REPRESENTED BY
              ITS AREA SECRETARY, FEROKE AREA COMMITTEE, FEROKE,
              KOZHIKODE DISTRICT,PIN-673 631(AS PER ORDER DATED 14-01-
              2022 IN IA 1/2022).
 WP(C) NO. 27271 OF 2021               2



             BY ADVS.
             PHILIP MATHEW
             M.A.SHAJI
             K.J.KARTHIKA

             SRI.T.K.SHAJAHAN-SR.GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 27271 OF 2021                   3




                                    JUDGMENT

Dated this the 17th day of January, 2023

This writ petition is filed seeking the following reliefs:-

i. to issue a writ of mandamus or any other writ, order or direction directing respondents 2 to 4 to render adequate and sufficient police protection to the Directors and Staffs of the Petitioner Company, by preventing the members of the 5 th respondent and their men from causing physical harm to the directors and staffs of the Petitioner;

ii) to issue a writ of mandamus or any other writ, order or direction, directing respondents 2 to 4 to render adequate and sufficient police protection to the Directors and Staffs of the Petitioner Company for entering into the premises of the company and discharging their duties.

2. Interim orders were granted on 1/12/2021, 25/11/2022 and

11/1/2023 in anticipation of conduct of general body meetings.

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

general body meeting which was scheduled to be conducted on

15/1/2023 also could not be conducted.

4 Respondents have placed counter affidavits on record

contending that they do not intend to cause any law and order

problems.

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

case of any further necessity for police protection for the peaceful

conduct of the annual general body meeting, the petitioner may

approach the Station House Officer, who shall look into the complaint

and take appropriate steps to see that law and order is maintained in

the locality and that there is no illegal obstruction caused by the

contesting party respondents for the conduct of the general body

meeting.

Sd/-

ANU SIVARAMAN JUDGE ska

APPENDIX OF WP(C) 27271/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF INCORPORATION OF THE PETITIONER ISSUED PURSUANCE TOT SECTION 610 (1) (B) OF THE COMPANIES ACT, 1956

Exhibit P2 A TRUE COPY OF THE MEMORANDUM OF ASSOCIATION OF THE PETITIONER COMPANY

Exhibit P3 A TRUE COPY OF THE RESOLUTION DATED 29.03.2021 OF THE BOARD OF DIRECTORS OF THE PETITIONERS COMPANY

Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF THE FORM OF NOTICE FOR PERMISSION OF CLOSURE DATED 30.04.2021 SUBMITTED BY THE PETITIONER

Exhibit P5 A TRUE COPY OF THE ORDER DATED 30.07.2021 ISSUED BY THE 1ST RESPONDENT

Exhibit P6 A TRUE COPY OF THE REPLY DATED 02.08.2021 SUBMITTED BY THE PETITIONER

Exhibit P7 A TRUE COPY OF THE NOTICE CALLING 95TH ANNUAL GENERAL BODY MEETING DATED 20.09.2021

Exhibit P8 A TRUE COPY OF THE NOTICE TO THE SHAREHOLDERS DATED 21.10.2021 ISSUED BY THE CHAIRMAN OF THE PETITIONER COMPANY

Exhibit P9 A TRUE COPY OF THE COMPLAINT DATED 04.11.2021 SUBMITTED BEFORE THE 2ND RESPONDENT

Exhibit P10 A TRUE COPY OF THE COMPLAINT DATED 21.11.2021 SUBMITTED BEFORE THE 2ND RESPONDENT

Exhibit P11 A TRUE COPY OF THE PHOTOGRAPHS OF THE GATE ILLEGALLY LOCKED BY THE MEMBERS OF THE 5TH

RESPONDENT

Exhibit P12 A TRUE COPY OF THE COMPLAINT DATED 10.11.2022 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH RECEIPT.

Exhibit-P13 A TRUE COPY OF THE NOTICE DATED 19-12-2022 ISSUED BY THE MANAGING DIRECTOR OF THE COMPANY ON BEHALF OF THE BOARD OF DIRECTORS OF THE PETITIONER COMPANY

Exhibit-P14 A TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER