Citation : 2024 Latest Caselaw 28866 Ker
Judgement Date : 3 October, 2024
2024:KER:73429
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 32458 OF 2024
PETITIONER:
THE IDUKKI DISTRICT DEALERS CO-OPERATIVE SOCIETY
LTD NO: I-401,NEDUMKANDAM, IDUKKI DISTRICT REPRESENTED
BY ITS PRESIDENT, P.R. AYYAPPAN, AGED 52 YEARS,
S/O RATHINASWAMY,PUTHENVILAYIL VEEDU, UDUMBANCHOLA
TALUK, KALKUNTHAL VILLAGE, NEDUMKANDAM
KARA,NEDUMKANDAM, IDUKKI DISTRICT, PIN - 685553
BY ADVS.
DINESH THANKAPPAN
R.REJI (ATTINGAL)
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT
DEPARTMENT OF HOME, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
2 THE STATE POLICE CHIEF
POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695010
3 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTR5ICT
POLICE CHIEF,IDUKKI, IDUKKI DISTRICT, PIN - 685603
4 THE DEPUTY SUPERINTENDENT OF POLICE
OFFICE OF THE DEPUTY SUPERINTENDENT, KATTAPPANA,
IDUKKI, PIN - 685508
5 THE STATION HOUSE OFFICER
NEDUMKANDAM POLICE STATION, NEDUMKANDAM,
IDUKKI DISTRICT, PIN - 685553
SRI. AJITH VISWANATHAN, GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:73429
WP(C) NO. 32458 OF 2024
2
JUDGMENT
The petitioner is a Co-operative Society performing
banking business such as accepting deposits, disbursing loans
and gold mortgage as per the provisions of the Kerala Co-
operative Societies Act and the circulars issued by the Registrar
of Co-operative Societies. Due to financial difficulties, the
petitioner Society was not able to repay the deposits made by
its members. As a result, some of the members formed an
action council and conducted Dharnas in front of the bank,
which turned violent. The writ petition was thereupon filed
seeking police protection for the smooth functioning of the
petitioner society and to the life of its staff.
2. While admitting this writ petition on 12.09.2024, an
interim order was passed, directing respondents 4 and 5 to
provide adequate police protection to the petitioner society and 2024:KER:73429 WP(C) NO. 32458 OF 2024
its staff.
3. Having heard the learned counsel for the petitioner
and the learned Government pleader, this Court is of the
opinion that the petitioner being a Co-operative Society, its
functioning should not be obstructed.
The writ petition is hence disposed of, permitting the
office bearers of the petitioner Society to alert the police in the
event of any untoward incident at the instance of the depositors
and directing the police to intervene and do the needful on
receipt of such information.
Sd/-
V.G.ARUN JUDGE msp 2024:KER:73429 WP(C) NO. 32458 OF 2024
APPENDIX OF WP(C) 32458/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT LODGED BEFORE THE DEPUTY SUPERINTENDENT OF POLICE/4TH RESPONDENT DATED 06.07.2024
Exhibit P2 THE TRUE COPY OF THE COMPLAINT LODGED BEFORE THE STATION HOUSE OFFICER/5TH RESPONDENT DATED 06.07.2024
Exhibit P3 THE TRUE COPY OF THE COMPLAINT LODGED BEFORE THE DISTRICT POLICE CHIEF, IDUKKI/3RD RESPONDENT DATED 17.08.2024
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