Firoz Kalliyil v. The District Police Chief, Malappuram
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 27TH DAY OF MARCH 2015/6TH CHAITHRA, 1937 WP(C).No. 9648 of 2015 (E) --------------------------- PETITIONER:
------------------- FIROZ KALLIYIL AGED 37 YEARS, PRESIDENT, THENHIPALAM GRAMA PANCHAYAT, THENHIPALAM P.O., MALAPPURAM DISTRICT.
BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.N.MANU THAMPI RESPONDENTS:
------------------------ 1.
THE DISTRICT POLICE CHIEF, MALAPPURAM DISTRICT, MALAPPURAM - 676 505.
2.
THE STATION HOUSE OFFICER, THENHIPALAM POLICE STATION, MALAPPURAM - 673 636. 3.
C. PARAMESWARAN, MEMBER, WARD NO.2, THENHIPALAM GRAMA PANCHAYAT, THENHIPALAM P.O., MALAPPURAM - 673 636.
R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 9648 of 2015 (E) APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 :
COPY OF THE COMPLAINT FILED BY THE SECRETARY OF THE PANCHAYAT BEFORE THE 2ND RESPNDENT DATED 22.03.2015 EXHIBIT P1(A) :
ENGLISH TRANSLATION OF EXT.P1 RESPONDENT'S EXHIBITS NIL /TRUE COPY/ PA TO JUDGE JJJ
ASHOK BHUSHAN, C.J.
& A.M. SHAFFIQUE, J.
------------------------------------------ W.P.(C) No. 9648 of 2015 ------------------------------------------ Dated this the 27th day of March, 2015
J U D G M E N T
A.M.Shaffique, J.
The petitioner, who is the President of Thenhipalam Grama Panchayat, has approached this Court seeking Police Protection. 2.
It is inter alia contended that the budget session of Thenhipalam Grama Panchayat was scheduled to be held on 26.03.2015. The 3rd respondent, who is leading the opposition party, has declared that he will not permit the budget session to be conducted and create law and order situation inside the premises of the Panchayat. Thereafter, the Secretary of the Panchayat was also manhandled. A complaint was given to the Police and Police Protection was sought for, but no action was taken by the Police. Therefore, the petitioner has approached this Court.
3.
Having regard to the nature of the averments, we do not think it necessary to issue notice to the 3rd respondent.
W.P.(C) No.9648/2015 -24.
The learned Government Pleader, on instructions, would submit that a crime has been registered against the assault on the Secretary and the investigation is pending. That apart, the Police has made necessary arrangements to ensure that law and order is maintained while the Panchayat meetings are being conducted, including the budget sessions. 5.
Having regard to the fact that the Police has already made appropriate arrangements for the same, we do not think it necessary to pass any further orders. Taking on record the submission made by the learned Government Pleader, we only direct the Police to maintain law and order situation outside the premises of the Panchayat.
With the above observation, this Writ Petition is closed. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE.
Sd/- A.M. SHAFFIQUE, JUDGE.
jjj