Silver Garden Residents Association v. District Police Chief, Kozhikode

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 FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 4792 of 2015 (Y) --------------------------- PETITIONER(S) :- ----------------- SILVER GARDEN RESIDENTS ASSOCIATION, 35/247A55, PAROPPADY P.O., VENGERI, CALICUT - 673 010 REPRESENTED BY ITS PRESIDENT P.BALAKRISHNAN BY ADV. SMT.BIMALA BABY RESPONDENT(S) :- ------------------

1. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, KOZHIKODE - 673 001.

2. THE SUB INSPECTOR OF POLICE, CHEVAYOOR POLICE STATION, KOZHIKODE - 673 010.

3. AJITHKUMAR, S/O.UNNIPPERAVAN, THEKEKURNGOTT, VENGERI AMSOM, KOZHIKODE - 673 010.

4. THAHA, SUDAS HOUSE, PARAKULAM, MERIKUNNU P.O., CALICUT - 673 012.

5. S.ANILKUMAR, THAPASYA, THEYYATHUM KANDI, VENGERI P.O., 673 010.

6. T.K.SURESH BABU, THEYYATTUM KANDI HOUSE, VENGERI P.O., CALICUT - 673 010.

7. PREMNATH, PRAVINAM, VENGERI P.O., CALICUT - 673 010. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

WP(C).No.4792 OF 2015 APPENDIX Petitioner's Exhibits :- Ext.P1 :- True copy of the poster placed by respondents 3 to 7 in front of the gate of the petitioner. Ext.P2 :- True copy of the representation dated 11/2/2015 submitted before the 1st respondent. Ext.P3 :- True copy of the representation dated 11/2/2015 submitted before the 2nd respondent. Respondent's Exhibits :- NIL.

//True Copy// P.A. to Judge

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

---------------------------------- W.P.(C) No.4792 of 2015 ----------------------------------- Dated this the 13th day of February 2015

J U D G M E N T

Ashok Bhushan, Ag.CJ Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

In view of the nature of order being passed in the writ petition, no notice is required to be served on respondent Nos.3 to 7.

3.

Petitioner, by this writ petition has prayed for a direction to afford adequate and effective protection to the residents of the apartment against the activities of respondent Nos.3 to 7.

4.

Petitioner's case in this writ petition is that respondent Nos.3 to 7 have announced a march on Sunday, the 15th February, 2015. It is submitted that the petitioner, who is a Residents Association requires adequate protection so that no obstruction or interference is caused to the residents during the aforesaid march. The petitioner apprehends disorder and disturbance being caused to the residents during the march and has stated that

W.P.(C) No.4792 of 2015 -: 2 :- posters have been pasted in front of the gate. 5.

Learned Government Pleader appearing for respondents 1 and 2 submits that in view of the fact that a march has already been announced by respondents 3 to 7, the police shall take adequate steps so that law and order is maintained during the said march.

Recording the submission of the learned Government Pleader, this writ petition is closed.

Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt