Kerala High Court
P.L. Varghese vs State Of Kerala on 5 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WP(C) NO. 16405 OF 2024
PETITIONER:
P.L. VARGHESE, AGED 73 YEARS
S/O LONAN, PRESIDENT,
KARUNYA DEEPAM CHARITABLE TRUST,
NSS KARAYOGAM ROAD, PATHIRAPPALLY,
ALAPPUZHA, PIN - 688521.
BY ADVS.
P.B.AJOY
BHAVANA VELAYUDHAN
T.J.SEEMA
S.SANAL KUMAR (SR.)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME, MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE CIRCLE INSPECTOR OF POLICE
MANNANCHERY POLICE STATION, MARKET ROAD,
MANNANCHERY, ALAPPUZHA, PIN - 688538.
3 THE DEPUTY SUPERINTENDENT OF POLICE
3. THE DEPUTY SUPERINTENDENT OF POLICE, CCSB ROAD,
MUKHAM PURAYADOM, CIVIL STATION WARD,
ALAPPUZHA, PIN - 688012.
4 THE DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, CCSB ROAD,
CIVIL STATION ROAD, ALAPPUZHA, PIN - 688012.
5 FATHER ANTHONY ARACKAL, AGED 72 YEARS
S/O JOSEPH, ST. JOHN'S BAPTIST CHURCH,
ANJILITHARA, KUMBALANGI, ERNAKULAM, PIN - 682007.
6 EBIN FRANCIS MANAGADY, MANAGADY HOUSE,
PATHIRAPPALLY, ALAPPUZHA, PIN - 688521.
7 FRANCIS MANAGADY @ KUNJUMON
WP(C) NO. 16405 OF 2024
-2-
MANAGADY HOUSE, PATHIRAPPALLY,
ALAPPUZHA, PIN - 688521.
8 SISTER JISHA LAWRENCE
AGED 50 YEARS
HOLY EUCHARIST CONVENT, FORT KOCHI,
ERNAKULAM - 682001, NOW RESIDING AT KARUNYA
DEEPOM CHARITABLE TRUST, NSS KARAYOGAM ROAD,
PATHIRAPPILLY, ALAPPUZHA, PIN - 688521.
BY ADVS.
K.S.HARIHARAPUTHRAN
PINKU MARIAM JOSE(K/749/2015)
K.M.FATHIMA(K/003174/2022)
SMT.REKHA C.NAIR, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 16405 OF 2024
-3-
JUDGMENT
The petitioner says that he is one of the
Trustees of a 'Trust' by name 'Karunya Deepam
Charitable Trust', registered under the
provisions of Travancore-Cochin Literary,
Scientific, and Charitable Societies
Registration Act, 1955. He says that he has been
functioning as its President for a long time;
but that, in the recent past, attempts have been
made by the party respondents to oust him and
take control of its functioning and its assets,
which has been severely objected to by him.
2. The petitioner alleges that his
aforesaid action has infuriated the party
respondents to such an extent that they have now
started meting out threats and intimidation
against him, even to the extent of saying that
he will be done away with; and therefore, that
he was constrained to prefer Exts.P8, P9, P12
WP(C) NO. 16405 OF 2024
and P13 complaints before the Police, seeking
protection. He says that, since these requests
have not been acceded to, he has been forced to
approach this Court through this Writ Petition.
3. Sri.Sanal Kumar - learned Senior
Counsel, instructed by Sri.Ajoy P.B - learned
counsel appearing for the petitioner, explained
that the party respondents are acting under a
complot to remove his client as President, by
not merely causing physical obstructions, but
also by abusing the process of law; and that
this is manifest from the fact that they
obtained an ex parte interim injunction against
him, which has subsequently been vacated. He
submitted that, in spite of this, his client is
now being obstructed from functioning as the
President of the Trust; and hence that he is now
deserving of granting all the reliefs sought for
in this Writ Petition.
WP(C) NO. 16405 OF 2024
4. In response, Sri.K.S.Hariharaputhran -
learned counsel for the party respondents,
however, submitted that, as is discernible from
the averments in the counter affidavit filed by
his clients, the situation is not as innocuous
as has now been sought to be projected by the
petitioner, because the members of the Trust had
convened a meeting on 26.12.2023, in which, a
decision was taken to remove the President and
to appoint respondent No.5 in his place. He
argued that, it is based on the authorization
given by the Trust thereafter, that a Suit was
filed and ex parte interim injunction obtained
against the petitioner; however, conceding that
the same was subsequently vacated, against
which, he asserted, his clients have preferred
an appeal before the District Court, Alappuzha
- while it was functioning as a Vacation Court.
He added that this appeal is still pending; and
WP(C) NO. 16405 OF 2024
therefore, that Ext.P11 order cannot be seen to
have become final. He concluded, saying that the
petitioner has also filed a Suit, namely
Ext.R5(a), but in which no orders have been
issued; and thus prayed that this Writ Petition
be dismissed.
5. Smt.Rekha C.Nair - learned Senior
Government Pleader, submitted that, as is
evident from the afore narrative of facts, both
the parties claim to be in charge of the Trust,
with the petitioner and the 5th respondent making
opposing claims to be its President. She
submitted that the Police cannot intervene into
the same, though they have ensured that the
lives of both sides are adequately protected
from each other and that their disputes do not
degenerate into law and order issues. She added
that the Police can do nothing more and thus
prayed that this Writ Petition be ordered.
WP(C) NO. 16405 OF 2024
6. I certainly concur with the afore
submissions of Smt.Rekha C.Nair - learned Senior
Government Pleader, because it is not within the
province of the Police to enter into the merits
of the disputes between parties qua a Trust and
such other entities. Their only obligation is to
ensure that the lives and properties of the
parties - as in the case of any other citizens -
are adequately protected from any threat and
intimidation, so that they can then invoke their
remedies before the competent Courts/Forums
appositely.
7. In the afore perspective, it is
ineluctable that this Court cannot decide the
question as to who is in charge of the Trust, or
who among the parties is the President of the
same. These are issues which they will have to
resolve appropriately before a competent Forum.
8. As far as this case is concerned, while
WP(C) NO. 16405 OF 2024
this Court acts under the Police Protection
jurisdiction, my only obligation is to ensure
that the Police protect all citizens
appropriately.
In the afore circumstances, I allow this
Writ Petition to the limited extent of directing
the 2nd respondent - Circle Inspector of Police,
to ensure that the lives of the petitioner, as
also that of the party respondents, are
protected against each other; and that none of
them are allowed to commit any action which is
in violation of law. He shall also ensure that
the internecine disputes between the parties do
not degenerate into an infraction of peace; and
if so, every necessary action, including under
the penal law, shall be taken and concluded
without reservation.
As far as the parties are concerned, their
rights before the competent Courts/Forums are
WP(C) NO. 16405 OF 2024
fully left open, as also their contentions,
provided they invoke and pursue them, without
resort to violence or to such other illegal
actions.
I further direct the 3rd respondent - Deputy
Superintendent of Police, to cause necessary
steps to be put in place to ensure implicit
compliance with the afore directions in its
letter and spirit on a continuous basis.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 16405 OF 2024
APPENDIX OF WP(C) 16405/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
BYE LAWS OF KARUNYA DEEPAM CHARITABLE
TRUST
EXHIBIT P2 TRUE COPY OF THE OWNERSHIP CERTIFICATE
DATED 22/02/2024 ISSUED BY THE
SECRETARY OF THE SOUTH MARRIKULAM
GRAMA PANCHAYAT TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF MINUTES
BOOK IN RELATION TO THE BOARD MEETING
HELD ON 31/08/2023
EXHIBIT P4 TRUE COPY OF LIST OF BOARD MEMBERS
DATED 17/12/2023 SUBMITTED TO THE
DISTRICT REGISTRAR, ALAPPUZHA
EXHIBIT P5 TRUE COPY OF THE PLAINT IN O.S. NO.
131/2024 ON THE FILES THE PRINCIPAL
MUNSIFF COURT, ALAPPUZHA
EXHIBIT P6 TRUE COPY OF THE INJUNCTION
APPLICATION IN I.A. NO. 1/2024 IN O.S.
NO. 131/2024 ON THE FILES OF THE
PRINCIPAL MUNSIFF COURT, ALAPPUZHA
EXHIBIT P7 TRUE COPY OF THE FIRST INFORMATION
REPORT IN CRIME NO. 187/2024 OF
MANNANCHERY POLICE STATION
EXHIBIT P8 TRUE COPY OF THE PETITION DATED
26/03/2024 SUBMITTED BY THE PETITIONER
TO THE 4TH RESPONDENT
EXHIBIT P9 TRUE COPY OF THE PETITION DATED
30/03/2024 SUBMITTED BY THE SECRETARY
OF THE KARUNYA DEEPAM CHARITABLE TRUST
TO THE 4TH RESPONDENT
WP(C) NO. 16405 OF 2024
EXHIBIT P10 TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN I.A. NO.
1/2024 IN O.S. NO. 131/2024 ON THE
FILES OF THE PRINCIPAL MUNSIFF COURT,
ALAPPUZHA
EXHIBIT P11 TRUE COPY OF THE ORDER DATED
09/04/2024 IN I.A. NO. 1/2024 IN O.S.
NO. 131/2024 ON THE FILES OF THE
PRINCIPAL MUNSIFF COURT, ALAPPUZHA
EXHIBIT P12 TRUE COPY OF THE PETITION DATED
20/04/2024 SUBMITTED BY THE PETITIONER
TO THE 2ND RESPONDENT ALONG WITH THE
ACKNOWLEDGEMENT RECEIPT
EXHIBIT P13 TRUE COPY OF THE PETITION DATED
20/04/2024 SUBMITTED BY THE PETITIONER
TO THE 3RD RESPONDENT ALONG WITH THE
ACKNOWLEDGEMENT RECEIPT
EXHIBIT P14 TRUE COPY OF THE PETITION DATED
21/04/2024 SUBMITTED BY THE PETITIONER
TO THE 4TH RESPONDENT ALONG WITH THE
ACKNOWLEDGEMENT RECEIPT
EXHIBIT P15 TRUE COPY OF THE PHOTOCOPY OF THE
MINUTES OF THE MEETING DATED 1.10.2023
EXHIBIT P16 TRUE COPY OF THE PHOTOCOPY OF THE
MINUTES OF THE MEETING DATED 6.11.2023
EXHIBIT P17 TRUE COPY OF THE PHOTOCOPY OF THE
MINUTES OF THE MEETING DATED 3.12.2023
EXHIBIT P18 TRUE COPY OF THE PHOTOCOPY OF THE
LICENSE DEEDDATED 28/12/2010
EXHIBIT P19 TRUE COPY OF THE PHOTOCOPY OF THE
LICENSE DEED DATED 17/02/2018
WP(C) NO. 16405 OF 2024
RESPONDENT EXHIBITS
EXHIBIT R5(A) TRUE COPY OF THE PLAINT DATED
8.11.2023 IN OS NO.838/2023 ON THE
FILES OF THE MUNSIFF'S COURT,
ALAPPUZHA FILED BY THE PETITIONER
EXHIBIT R5(B) TRUE COPY OF THE MINUTES OF THE 30TH
BOARD MEETING OF THE TRUST DATED
31.8.2023
EXHIBIT R5(C) TRUE COPY OF THE MINUTES OF THE 31ST
MEETING OF THE BOARD OF DIRECTORS OF
THE TRUST DATED 26.12.2023
