High Court of KeralaWP(C)/2629/2015disposed of

Board Of Directors Of The Kodencherry Service Co-Operative Bank Ltd.No.F 1762 v. Joint Registrar Of Co-Operative Societies

2015-01-27Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 27TH DAY OF JANUARY 2015/7TH MAGHA, 1936 WP(C).No. 2629 of 2015 (C) --------------------------- PETITIONER :

---------------- BOARD OF MANAGEMENT OF KODENCHERRY SERVICE CO-OPERATIVE BANK LTD.NO.F 1762 , P.O KODENCHERRY KOZHIKODE PIN 673 580 REPRESENTED BY ITS PRESIDENT BY ADV. SRI.P.P.JACOB RESPONDENTS :

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1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PUTHIYARA, KOZHIKODE 673 004

2. THE DEPUTY SUPERINTENDENT OF POLICE,THAMARASSERY,THAMARASSERY POLICE STATION,KOZHIKODE.

3. THE CIRCLE INSPECTOR OF POLICE, THAMARASSERY, THAMARASSERY POLICE STATION, KOZHIKODE

4. THE SUB INSPECTOR OF POLICE, KODENCHERRY, KODENCHERRY POLICE STAITON KOZHIKODE PIN 673 580

5. SUNNY JOSE KANNEZHATH HOUSE, SANTHI NAGAR P.O KOZHIKODE PIN 673 573

6. K.U SUNNY,KARIKOMBIL,KODENCHERRY P.O,KOZHIKODE PIN 673 580 R1 TO R4 BY SR.GOVERNMENT PLEADER, SRI.C.R. SYAM KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2629 of 2015 (C) ------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXT.P1 : TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL NO 30118/2012 DATED 02-11-2012. EXT.P2 : TRUE PHOTOCOPY OF THE REPRESENTATION FILED BEFORE THE RESPONDENTS 1 TO 4 DATED 20-01-2015.

EXT.P2(A): TRUE ENGLISH TRANSLATION OF EXT.P2 RESPONDENTS' EXHIBITS :

------------------------------- NIL /TRUE COPY/ PA TO JUDGE

ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.2629 of 2015 ------------------------------------- Dated this the 27th day of January 2015

J U D G M E N T

Shaffique, J.

The petitioner has approached this Court seeking for a direction to respondents 2 to 4 to extend police protection for the peaceful day to day functioning of the petitioner society and also to ensure that no Dharna/Picketing is being allowed to be conducted in front of the society and its premises. 2.

Having regard to the nature of order we intend to pass, we do not think it necessary to issue notice to respondents 5 and 6.

According to the petitioner, respondents 5 and 6 and their members have threatened that a Dharna/Picketing is going to be conducted in front of the society and its office building, which will affect the business activities of the society.

Learned Government Pleader on instructions would submit that appropriate measures have been taken by the police to ensure that law and order situation is maintained and

W.P.(C) No.2629 of 2015 -: 2 :- ingress and egress to the society building is not obstructed during the alleged Dharna/Picketing to be held on 31.1.2015. 5.

As far as the obstruction apprehended in respect of other office premises of the petitioner society is concerned, we only observe that if there is any obstruction being created, it is open for the petitioner to approach the police, who shall look into the matter and do the needful in accordance with law. Taking on record the submission of the learned Government Pleader, this Writ Petition is disposed of. Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt