Kerala High Court
N.P. Thomas vs State Of Kerala 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. 18130 OF 2024
PETITIONER:
N.P. THOMAS, AGED 66 YEARS
S/O PAUL, RESIDING AT NADACKAL HOUSE, KOTTTAMURI,
ATHIRAPUZHA P.O., KOTTAYAM TALUK, KOTTAYAM - 686562
C.DHEERAJ RAJAN
A.KEVIN THOMAS
ANAND KALYANAKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY, HOME
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001
2 SUPERINTENDENT OF POLICE
KOTTAYAM, OFFICE OF SUPERINTENDENT OF POLICE, KOTTAYAM
DISTRICT, COLLECTORATE P.O., KOTTAYAM, PIN - 686002
3 STATION HOUSE OFFICER
ETTUMANOOR POLICE STATION, POLICE STATION ROAD, NEAR
CIRCLE INSPECTOR OFFICE, ETTUMANOOR, KOTTAYAM - 686631
4 MANOJ KUMAR, AGED 46 YEARS
S/O N GOPAKUMAR, MAYA RESTAURANT, PALA ROAD,
ETTUMANOOR, KOTTAYAM, PIN - 686631
5 RAGHUNATHAN NAIR, AGED 60 YEARS
S/O SIVASANKARAN NAIR, BALARAMAPURAM KAITHARI, AMBALAM
ROAD, ETTUMANOOR, KOTTAYAM, PIN - 686631
BY ADV K.K.SATHISH
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. 18130 OF 2024
2
JUDGMENT
The petitioner says that he is a member of the Kerala
Vyapari Vyavasaayi Ekopana Samithi, which is a Society
registered under the provisions of the Travancore-Cochin
Literary, Scientific and Charitable Societies Registration Act,
1955. He says that he is the President of the Ettumanoor Unit of
the said Samithi and that he has been constrained to approach
this Court because his request for police protection, namely
Exts.P6 and P7 pending before the respondents 2 and 3 for
conduct of the election of the Managing Committee of the said
Unit, has evoked no response. He explains that the elections are
scheduled on 24.05.2024 and that he expects the same to be
interfered with illegally by respondents 4 and 5. He thus prays
that the third respondent be directed to afford adequate
protection to the Ettumanoor Unit of the Samithi for the purpose
of completing the elections scheduled on 24.05.2024 without any
let or hindrance.
2. However, in response to the afore submissions of
Sri.C.Dheeraj Rajan - learned counsel for the petitioner, the
learned counsel appearing for respondents 4 and 5 -
Sri.K.K.Sathish, submitted that the allegations against his clients
are completely unfounded and they do not intend to cause any
WP(C) NO. 18130 OF 2024
obstruction to the elections, particularly because one of them is
candidate. He therefore prayed that this writ petition be
dismissed.
3. Smt. Rekha C.Nair learned Senior Government Pleader,
submitted that the Police will keep watch on the election
processes of the Ettumanoor Unit of the Kerala Vyapari
Vyavasaayi Ekopana Samithi and if any violation of law is found,
they will intervene and afford adequate protection.
In view of the afore circumstances, I record the submissions
of Sri.K.K.Sathish, as also that of the learned Senior Government
Pleader and direct the 3rd respondent to act in terms of law as
and when it becomes necessary.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 18130 OF 2024
APPENDIX OF WP(C) 18130/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE BYE-LAW OF THE KERALA
VYAPARI VYAVASAAYI EKOPANA SAMITHI
Exhibit P2 THE TRUE COPY OF THE FIR IN CRIME NO.
491/2024 OF KOTTAYAM WEST POLICE STATION,
KOTTAYAM DISTRICT
Exhibit P3 THE TRUE COPY OF THE NOTICE REGARDING THE
MEETING AND ELECTION DATED 03.05.2024
Exhibit P4 THE TRUE COPY OF THE RELEVANT PAGE OF LETTER
DATED 03.05.2024 ISSUED BY THE PETITIONER
ALONG WITH SECRETARY AND TREASURER TO THE
DISTRICT PRESIDENT OF THE KOTTAYAM DISTRICT
COMMITTEE OF THE KERALA VYAPARI VYAVASAAYI
EKOPANA SAMITHI INTIMATING THE ELECTION TO
BE HELD ON 24.05.2024
Exhibit P5 THE TRUE COPY OF THE CASH DEPOSIT SLIP
EVIDENCING THE FACTUM OF DEPOSIT OF AMOUNT
DATED 03.05.2024
Exhibit P6 THE TRUE COPY OF THE COMPLAINT DATED
14.05.2024 SUBMITTED BEFORE THE 2ND
RESPONDENT ALONG WITH THE RECEIPT
Exhibit P7 THE TRUE COPY OF THE RECEIPT DATED
14.05.2024 EVIDENCING THE FACTUM OF
PREFERRING COMPLAINT BEFORE THE 3RD
RESPONDENT
