Kerala High Court
A.P.Abu vs The Station House Officer/Circle ... on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12408 OF 2024
PETITIONER:
A.P.ABU
AGED 71 YEARS, S/O PAREEKUTTY,
ALIYAM VEETTIL, MALIPPURAM,
MALIPURAM P.O PIN-682 511.
PRESIDENT, THEKKEPALLAMPILLY
KRISHI SAMAJAM, KIZHAKKENADA,
ELAMKUNNAPUZHA P.O, ERNAKULAM
DISTRICT, PIN - 682503
BY ADV.
SRI.T.K.AJITHKUMAR (VALATH)
RESPONDENTS:
1 THE STATION HOUSE OFFICER/
CIRCLE INSPECTOR OF POLICE
NJARAKKAL POLICE STATION, NJARAKKAL P.O,
ERNAKULAM DISTRICT., PIN - 682505
2 I.J.JOSY
ITTIKUNNATH HOUSE, ELAMKUNNAPUZHA,
ELAMKUNNAPUZHA P.O, ERNAKULAM
DISTRICT., PIN - 682503
3 I.S.BENNY BERNAD
ATTIPETTY HOUSE, OCHAMTHURUTH,
OCHAMTHURUTH P.O, ERNAKULAM
DISTRICT, PIN - 682508
BY ADVS.
V.PREMCHAND
HALIYA T.P.(K/001754/2022)
MAHADEV M.J.(K/182/2022)
P.M.SHAMEER - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.12408 of 2024
:2:
JUDGMENT
The petitioner says that, respondents 2 and 3 are likely to
obstruct by causing violations of law, in the meeting of the
Thekkepallampilly Krishi Samajam - of which he is the president -
on 07/04/2024, when it is scheduled. He says that he has,
therefore, preferred Ext.P3 complaint before the 1 st respondent,
seeking police protection for the conduct of the said meeting, but
that no action has been taken by the said Authority, until now; thus
constraining him to approach this Court through this writ petition.
2. In response to the afore submissions of Sri.T.K.Ajithkumar -
learned counsel for the petitioner, Sri.V.Premchand - learned
counsel for respondents 2 and 3, submitted that a detailed counter
affidavit has been filed by his clients, wherein, the Bye-Laws of the
Samajam have been produced on record. He submitted that,
according to his clients, the attempt of the petitioner, in
approaching this Court, is only to ensure that members like them
are not allowed to participate in the meeting; and that every other
allegation is wrong and incorrect, particularly because they will not
and do not intend to commit any act, which is in violation of law.
3. Sri.P.M.Shameer - learned Government Pleader, submitted
that, the police will ensure that law and order is maintained during
the meeting, with neither the petitioner nor the party respondents
being allowed to take law into their own hands.
4. I record the afore submissions of the learned Government
Pleader; with a consequential direction to the 1 st respondent to act
suitably and maintain law and order during the meeting of the
"Samajam"; however, without interfering with the internecine
disputes between the parties, which I clarify, have been left open.
This Writ Petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
anm
APPENDIX OF WP(C) 12408/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE PHOTO COPY OF THE NOTICE DATED
22-12-2023 ISSUED BY THE SECRETARY OF THE
THEKKEPALLAMPILLY KRISHI SAMAJAM
Exhibit P2 THE TRUE PHOTO COPY OF THE NOTICE DATED
5-1-2024 ISSUED BY THE SECRETARY OF THE
THEKKEPALLAMPILLY KRISHI SAMAJAM
Exhibit P3 THE TRUE PHOTO COPY OF THE COMPLAINT
DATED 16-3-2024 SUBMITTED BY THE
PETITIONER
Exhibit P4 THE TRUE PHOTO COPY OF THE RECEIPT DATED
16-3-2024 ISSUED FORM THE NJARAKKAL
POLICE STATION
RESPONDENTS' EXHIBITS
Exhibit-R2(A) A TRUE COPY OF THE BYLAW OF THE SAMAJAM
DATED NIL
Exhibit-R2(B) A TRUE COPY OF THE NOTICE DATED 1.1.2024
ISSUED TO THE 3RD RESPONDENT
