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The Idukki District Dealers ... vs State Of Kerala
2024 Latest Caselaw 28866 Ker

Citation : 2024 Latest Caselaw 28866 Ker
Judgement Date : 3 October, 2024

Kerala High Court

The Idukki District Dealers ... vs State Of Kerala on 3 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                      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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