Kerala High Court
Akhila Kerala Viswakarma Mahasabha vs The Secretary Home Department on 3 February, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:8536
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 3RD DAY OF FEBRUARY 2025 / 14TH MAGHA, 1946
WP(C) NO. 24929 OF 2024
PETITIONER:
AKHILA KERALA VISWAKARMA MAHASABHA,
KOTHAMANGALAM TALUK UNION,
REP: BY ITS PRESIDENT K.V.VIDYASAGAR, S/O VEALU,
KAVUNGAL HOUSE, KUTHUKUZHI P.O, KUTTAMANGALAM VILLAGE,
ERNAKULAM, PIN - 686691
BY ADV V.N.SUBASH
RESPONDENTS:
1 THE SECRETARY HOME DEPARTMENT,
GOVERNMENT OF KERALA, 6 TH FLOOR ANNEXURE I,
GOVERNMENT SECRETARIAT, THIRUVANTHAPURAM PO,
PIN - 695001
2 THE SUPERINTENDENT OF POLICE
ERNAKULAM DISTRICT (ALUVA RURAL) ALUVA PO, ERNAKULAM,
PIN - 683101
3 THE REVENUE DIVISIONAL OFFICER
MUVATTUPUZHA, MINI CIVIL STATION VAZHAPILLY PO,
VAZHAPILLY, MUVATTUPUZHA,, PIN - 686673
4 THE STATION HOUSE OFFICER,
KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM PO,
PIN - 686691
5 AKHILA KERALA VISWAKARMAMAHASABHA(REG NO.56/2005)
REPRESENTED BY ITS SECRETARY, M.A.NARAYANAN, S/O
AYYAPPAN, AGED 79 YEARS TALUK UNION, KOTHAMANGALAM,
KOTHAMANGALAM VILLAGE, KOTHAMANGALAM TALUK,
ERNAKULAM DISTRICT
(IMPLEADED AS PER ORDER DATED 03.02.2025 IN IA
NO.1/2024)
WP(C) NO. 24929 OF 2024 2
2025:KER:8536
BY ADVS
V.K.DINESH KUMAR
GP SRI AJITH VISWANATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 03.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 24929 OF 2024 3
2025:KER:8536
JUDGMENT
Dated this the 3rd day of February, 2025
The writ petition is filed to direct the 2 nd respondent to
dispose of Ext.P2 application expeditiously.
2. The petitioner is a company. On 16.03.2024, the
key of the petitioner's Kothamangalam Taluk Union Office
was taken away by the 4th respondent. Although the petitioner
had preferred a complaint before the 2nd respondent, no action
has been taken on the same. The action of the 4 th respondent
is arbitrary. Hence, the writ petition.
3. The additional 5th respondent has filed a counter
affidavit refuting the allegations in the writ petitioner. It is
asserted in the counter affidavit that, the petitioner has no
locus standi to file this writ petition. On the complaint filed
by the 5th respondent, Crime No.465 of 2024 is registered by
the Kothamangalam Police Station. The petitioner is not
entitled to any relief.
4. When the writ petition came up for consideration on
04.09.2024, this Court passed the following order:
2025:KER:8536
"Learned Government Pleader submits that the
premises is kept under lock and key and a report has
been submitted to the Executive Magistrate and
proceedings under Section 145 Cr.PC [Section 164
BNSS] is being initiated.
2. Learned Counsel for the petitioner submitted that no
notice regarding such proceedings has so far been
received and the keys are withheld by the police
without justification.
3. As the police action is intended to maintain law and
order, there cannot be a direction to handover the keys
to the petitioner at this stage.
Post on 07.10.2024."
5. Heard; the learned counsel for the petitioner, the
learned Government Pleader and the learned counsel
appearing for the additional 5th respondent.
6. The learned Government Pleader submitted that,
even though the 3rd respondent proposed to pass an order
under 145 Cr.P.C, the same was not imposed. However, on
finding that the dispute between the parties is pending as
O.S.No.465 of 2024 before the court of the Munsiff,
Kothamangalam, the 3rd respondent has entrusted the key of
the Union Office to the president of the petitioner.
7. On a consideration of the pleading and materials
recorded, and the rival submissions made across the Bar, I am
of the view that the 4th respondent is to be directed to ensure
that law and order is maintained in petitioner's locality,
2025:KER:8536
without interfering in the civil disputes between the parties,
which has to be agitated before the civil court.
Resultantly,, the writ petition is disposed of, by
directing the 4th respondent to ensure that the law and order
is to be maintained in the petitioner's locality and without
interfering in the civil disputes between the parties.
Sd/-
C.S.DIAS
JUDGE
AJ
2025:KER:8536
APPENDIX OF WP(C) 24929/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE MINUTES DATED 11.05.2024
Exhibit P2 THE TRUE COPY OF THE PETITION FILED BEFORE THE 2 ND
RESPONDENT DATED 06.07.2024
Exhibit P3 THE TRUE COPY OF THE RECEIPT ISSUED FROM THE 2 ND
RESPONDENT DATED 06.07.2024.
Exhibit P4 THE TRUE COPY OF THE OF THE TITLE DEED
NO.4298/1/2019.
Exhibit P5 THE TRUE COPY OF THE OF THE BUILDING TAX RECEIPT
ISSUED BY KOTHAMANGALAM MUNICIPALITY DATED
19.03.2024
Exhibit P6 TRUE COPY OF THE RTI APPLICATION REPLY DATED
19.06.2024 ISSUED BY R3.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION SENT TO R1
DATED 06.07.2024.
Exhibit P8 THE COPY OF THE REFERENCE REPORT DATED 29.07.2024
Exhibit P9 TRUE COPY OF THE RESOLUTION DATED 15.10.24
Exhibit P9(A) TRUE COPY OF THE RESOLUTION DATED 17.10.24
Exhibit P9 (B) TRUE COPY OF THE RESOLUTION DATED 14.10.24
Exhibit P9 (C) TRUE COPY OF THE RESOLUTION DATED 18.10.24
Exhibit P9 (D) TRUE COPY OF THE RESOLUTION DATED 20.10.24
Exhibit P9 (E) TRUE COPY OF THE RESOLUTION DATED 19.10.24
Exhibit R9 (F) TRUE COPY OF THE RESOLUTION DATED 18.10.24
Exhibit P9 (G) TRUE COPY OF THE RESOLUTION DATED 20.10.24
Exhibit P9 (H) TRUE COPY OF THE RESOLUTION DATED 15.10.24
