K. Surendran vs State Of Kerala
2024 Latest Caselaw 30387 Ker

Citation : 2024 Latest Caselaw 30387 Ker
Judgement Date : 25 October, 2024

Kerala High Court

K. Surendran vs State Of Kerala on 25 October, 2024

Author: V.G.Arun

Bench: V.G.Arun

                                                        2024:KER:79640




                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                        WP(C) NO. 32755 OF 2024

PETITIONER/S:

          K. SURENDRAN
          AGED 65 YEARS
          S/O. ERACHAN, GENERAL SECRETARY, ALL KERALA GOLD AND
          SILVER MERCHANTS ASSOCIATION (AKGMA), MULLACKAL,
          ALAPPUZHA, AND HEAD OFFICE AT P.T CHERIAN SWARNA
          BHAVAN, ERNAKULAM,, PIN - 688011.


          BY ADVS.
          C.P.UDAYABHANU
          NAVANEETH.N.NATH
          RASSAL JANARDHANAN A.
          ABHISHEK M. KUNNATHU
          BOBAN PALAT
          P.U.PRATHEESH KUMAR
          P.R.AJAY
          K.U.SWAPNIL
          PRANAV USHAKAR




RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY HOME SECRETARY, HOME DEPARTMENT,
          THIRUVANANTHAPURAM, PIN - 695001.

    2     DIRECTOR GENERAL OF POLICE
          THIRUVANANTHAPURAM, PIN - 695001.
                                                       2024:KER:79640
WP(C) NO. 32755 OF 2024            2




     3      DIRECTOR GENERAL OF POLICE
            THIRUVANANTHAPURAM, PIN - 695001.

 *ADDL R4 ALL KERALA GOLD AND SILVER MERCHANTS ASSOCIATION
          A 202/2000 ADMINISTRATIVE AND CENTRAL OFFICE, SWARNA
          BHAVAN, I.S PRESS ROAD, ERNAKULAM, KOCHI-18,
          REPRESENTED BY ITS GENERAL SECRETARY, RAJAN THOPPIL,
          S/O T.P JOSEPH, AGED 64, THOPPIL HOUSE, PERUNNA EAST
          P.O., CHANGANASSERY.

 *ADDL R5 JUSTIN PALATHARA ALIAS P.C JOSEPH
          S/O P.T CHERIAN, PRESIDENT, ALL KERALA GOLD AND SILVER
          MERCHANT'S ASSOCIATION, RESIDING AT PALATHARA HOUSE,
          CHURULICODE. P.O., PATHANAMTHITTA-689668.

 *ADDL R6 RAJAN THOPPIL
          GENERAL SECRETARY, S/O JOSEPH, AGED 64, ALL KERALA GOLD
          AND SILVER MERCHANT'S ASSOCIATION, I.S.PRESS ROAD,
          ERNAKULAM, KOCHI-18., RESIDING AT THOPPIL HOUSE,
          PERUNNA EAST.P.O., CHANGANASSERY.

 *ADDL R7 LUKE KURIAKOSE ALIAS JOY PAZHEMADAM
          S/O KURIAKOSE, AGED 65 YEARS, WORKING SECRETARY, ALL
          KERALA GOLD AND SILVER MERCHANT'S ASSOCIATION, I.S
          PRESS ROAD, ERNAKULAM, KOCHI- 18 RESIDING AT PAZHEMADAM
          HOUSE, PADINJAREKKARA. P.O., VAIKOM, PIN-686146.

            *[ADDL. R4 TO R7 ARE IMPLEADED AS PER ORDER DATED
            20.09.2024 IN I.A- 1/2024 IN WP(C) 32755/2024]


            BY ADVS.
            GEORGE CHERIAN (SR.)
            LATHA SUSAN CHERIAN
            GEORGE A.CHERIAN

            SMT.DEEPA NARAYANAN, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                           2024:KER:79640
WP(C) NO. 32755 OF 2024             3




                              JUDGMENT

The petitioner is the General Secretary of an association

by name 'All Kerala Gold & Silver Merchants Association'

(AKGMA). Disputes are pending between the petitioner and the

additional 4th respondent Association. The civil suit filed by the

4th respondent Association was decreed in its favour and the

appeal filed by the petitioner stands dismissed. The petitioner has

preferred a Regular Second Appeal before this Court, challenging

the judgments and decrees of the trial and appellate Courts. The

prayer in this writ petition is to direct the 2 nd respondent to

consider Ext.P1 complaint filed by the petitioner, alleging threat

and intimidation by the office bearers of the 4 th respondent

Association, including respondents 5 to 7.

2. I heard the learned counsel for the petitioner, the

learned Government Pleader and the learned Senior Counsel 2024:KER:79640

appearing for the 4th respondent.

3. According to the learned counsel for the petitioner, the

mere fact that the judgments of the civil court are in favour of

the 4th respondent, is no justification for threatening and

intimidating the members of the petitioner association.

4. Learned Senior Counsel takes strong exception to

certain WhatsApp messages, including R4(f), circulated by the

office bearers of the petitioner's association, claiming that this

Court has passed an interim order in their favour. It is

submitted that if this writ petition is kept pending, more such

bogus messages will be circulated.

5. The only relief sought in this writ petition being to

consider Ext.P1 complaint, no purpose is served by keeping the

writ petition on the files of this Court.

6. The writ petition is hence disposed of directing the

2nd respondent to consider Ext.P1 and do the needful in

accordance with law. If the 2nd respondent decides to conduct 2024:KER:79640

an enquiry/investigation based on Ext.P1, the origin of Ext.R4(f)

shall also be tracked and appropriate action be taken.

Sd/-

V.G.ARUN JUDGE Sru 2024:KER:79640

APPENDIX OF WP(C) 32755/2024

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER ASSOCIATION BEFORE THE 2ND RESPONDENT DATED 02/09/2024.

Exhibit P2 TRUE COPY OF THE EMAIL SENT FROM THE SIDE OF THE PETITIONER ASSOCIATION TO THE OFFICIAL E- MAIL ID OF THE 2ND RESPONDENT DATED 02/09/2024 CONFIRMING THE RECEIPT OF THE COMPLAINT TO THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS :