Aikyam Resident’S Association ... vs Commissioner Of Police
2023 Latest Caselaw 3287 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                    WP(C) NO. 10167 OF 2023
PETITIONER:

         AIKYAM RESIDENT'S ASSOCIATION
         (REG.NO.ER-214/2008)
         VADUTHALA BOAT JETTY ROAD KOCHI - 682023,
         REPRESENTED BY ITS SECRETARY K.M.VIJAYAKUMAR,
         AGED 62 YEARS, S/O. LATE MADHAVAN PILLAI,
         RESIDING AT 'NANDANAM' JANAKEEYA ROAD,
         VADUTHALA, PIN - 682023

         BY ADV P.I.DAVIS


RESPONDENTS:

    1    COMMISSIONER OF POLICE
         KOCHI CITY, KOCHI, PIN - 682031
    2    STATION HOUSE OFFICER
         ERNAKULAM TOWN NORTH POLICE STATION,
         ERNAKULAM DISTRICT, PIN - 682018
    3    V.C.PUSHPALAL
         VENGATTU HOUSE
         JANAKEEYA ROAD, VADUTHALA.P.O.
         KOCHI, PIN - 682023

         SRI.E.C. BINEESH, GP

     THIS WRIT PETITION       (CIVIL) HAVING COME UP     FOR
ADMISSION ON 23.03.2023,      THE COURT ON THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C) No.10167 of 2023

                               2


                            JUDGMENT

Dated this the 23rd day of March, 2023

The petitioner is a Residents' Association of Vaduthala,

Kochi. The petitioner is before this Court seeking police

protection to conduct its General Body Meeting scheduled to

be held on 26.03.2023.

2. The petitioner states that the General Body

Meeting to the Residents' Association is due. A General Body

Meeting was proposed to be held on 11.12.2022. The

3rd respondent and persons claiming under him came and

forcibly obstructed the General Body Meeting. Anticipating the

obstructions, the petitioner had filed Ext.P2 complaint on

10.12.2022 to the Station House Officer, Kasaba Police

Station. However, due to insufficient police deployment, the

General Body Meeting could not be conducted. In fact, taking

into consideration the situation, the police required the

petitioner not to conduct the General Body Meeting, states the WP(C) No.10167 of 2023

counsel for the petitioner.

3. The petitioner states that now the General Body

Meeting is scheduled to be held on 26.03.2023. The petitioner

has submitted Ext.P7 complaint and requested respondents 1

and 2 to deploy sufficient number of policemen and protect

the members of the Association during the General Body

Meeting. The petitioner apprehends that the 3rd respondent

and others would obstruct the conduct of the General Body

Meeting on 26.03.2023.

4. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing

respondents 1 and 2. In view of the nature of the relief to be

granted to the petitioner, notice to the 3 rd respondent is

dispensed with.

5. Going through the pleadings and arguments, it is

seen that the dispute is between the members of a Residents'

Association. The pleadings would also show that there were

complaints regarding obstruction to the General Body Meeting WP(C) No.10167 of 2023

when it was originally scheduled to be held on 11.12.2022. In

the circumstances, it would be only just and proper that if a

request is received, the 2nd respondent gives adequate police

protection for the smooth conduct of the General Body

Meeting to the petitioner-Residents' Association.

In the circumstances, the writ petition is disposed of

directing the 2nd respondent to make necessary enquiries on

Ext.P7 and deploy sufficient number of police to the petitioner-

Residents' Association for the smooth conduct of the General

Body Meeting scheduled to be held on 26.03.2023, in order to

maintain law and order. It is made clear that this judgment

shall not be treated as one declaring the legality or regularity

of the meeting of the Association.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.10167 of 2023

APPENDIX OF WP(C) 10167/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE BEARING NO. ER-214/2008 OF THE PETITIONER ASSOCIATION ISSUED BY THE REGISTRAR OF SOCIETIES, ERNAKULAM, KOCHI-11 Exhibit P2 A TRUE COPY OF THE COMPLAINT DATED 10-

                  12-2022     SUBMITTED     TO    THE    2ND
                  RESPONDENT
Exhibit P3        A TRUE COPY OF THE COMPLAINT DATED 11-

12-2022 SUBMITTED BY THE PETITIONER ASSOCIATION Exhibit P4 A TRUE COPY OF THE AUDIT REPORT DATED 17-11-2022 OF THE EXTERNAL AUDITOR K.P.VARGHESE AND CO., CHARTERED ACCOUNTANT, ERNAKULAM, FOR THE PERIOD FROM 01-04-2017 TO 31-03-2022 OF THE PETITIONER ASSOCIATION Exhibit P5 A TRUE COPY OF THE LETTER DATED 07-03-

2023 SUBMITTED TO THE REGISTRAR GENERAL, DISTRICT REGISTRAR OFFICE, ERNAKULAM IN THIS REGARD Exhibit P6 TRUE COPY OF THE NOTICE REGARDING THE URGENT GENERAL BODY MEETING TO BE CONVENED ON 26-03-2023 Exhibit P7 A TRUE COPY OF THE COMPLAINT SUBMITTED ON 20-03-2023 AN ACKNOWLEDGED BY THE 2ND RESPONDENT