Kerala High Court
Usha Bhaskaran K. P vs District Police Chief on 23 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18360 OF 2024
PETITIONER:
USHA BHASKARAN K.P., AGED 61 YEARS
PRESIDENT, ELAMPARA VANITHA CO-OPERATIVE SOCIETY LTD.
NO. C 1139, P.O. ELAMPARA, KANNUR., PIN - 670595
BY ADVS.
BEJOY JOSEPH P.J.
M.RAMESH CHANDER (SR.)
GOVIND G. NAIR
BALU TOM
BONNY BENNY
RESPONDENTS:
1 DISTRICT POLICE CHIEF
OFFICE OF THE COMMISSIONER OF POLICE, KANNUR - 670001
2 ASSISTANT COMMISSIONER OF POLICE
OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE,
KUTHUPARAMBA, PIN - 670643
3 CIRCLE INSPECTOR OF POLICE
OFFICE OF THE CIRCLE INSPECTOR OF POLICE, MATTANNUR,
PIN - 670702
4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
COLLECTORATE, KANNUR, PIN - 670001
SMT.REKHA C.NAIR - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 18360 OF 2024
2
JUDGMENT
The petitioner claims to be the President of the Elampara
Vanitha Co-operative Society Ltd. and says that the said Society
intends to conduct certain tests/examinations for the purpose of
recruitment of employees. She says that she anticipates, on
account of verifiable information, that there would be
considerable effort by vested interests to subvert the processes
and therefore, that she has preferred Ext.P2 request before
respondents 1 to 3 for protection. She alleges that, however,
no action has been taken on the said representation and hence
that she has been left without any other option, but to approach
this Court through this writ petition.
2. Sri.M.Ramesh Chander, learned senior counsel,
instructed by Sri.Govind G.Nair - appearing for the petitioner,
explained that his client made the request for protection before
the Police Authorities because any disruption would be
inconvenient not only to the Society, but also to the persons
who attend the interview and the written test. He explained
that such persons are unemployed and are hoping to obtain
employment, which is now likely to be disrupted by vested
interests. He, therefore, reiteratingly prayed that the reliefs
sought for in this writ petition be granted.
WP(C) NO. 18360 OF 2024
3. However, in response, the learned Senior Government
Pleader - Smt.Rekha C.Nair, submitted that the assertions of
the petitioner do not appear to be factually correct because the
Police, on enquiry, have found that there are disputes between
the members of the Managing Committee and that no other
persons from outside are involved. She submitted that,
however, if the Society intends to conduct written test or other
examination processes, then the third respondent - Circle
Inspector of Police will ensure that law and order is maintained
and no one is allowed to take law into their own hands, or to
disrupt the said processes. She submitted that, beyond this,
the Police cannot act because, the issues relating to the
disputes between the members of the Managing Committee are
beyond their purview.
4. I have no doubt that the afore submission and
suggestion of the learned Government Pleader are the most
apposite in the given circumstances because, the Police cannot
involve themselves in any dispute between the members of the
Managing Committee, or such other sections within the
Society. However, if there are other interests involved from
outside, then it is their duty to ensure that law and order is
maintained to the fullest warrant.
WP(C) NO. 18360 OF 2024
5. In the afore circumstances, I allow this writ petition and
direct the third respondent to afford necessary and adequate
assistance to the Society, in conducting their
examinations/tests, which is stated to be scheduled on
25.05.2024; and thus to ensure that there is no violation of law
or infraction of peace in the vicinity or within the premises of
the Society by any person, including the members of the
Managing Committee or persons outside.
The afore directions shall be overseen by the second
respondent - Assistant Commissioner of Police and should there
be any warrant, then he will intervene appropriately to ensure
that they are complied with in its letter and spirit.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 18360 OF 2024
APPENDIX OF WP(C) 18360/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE MEMO ISSUED BY THE
SOCIETY TO ONE OF THE APPLICANT DATED
10.05.2024
Exhibit P2 TRUE COPY OF THE REPRESENTATION TO THE
RESPONDENTS 1 TO 3 DATED 20.05.2024
