Mohanan.A v. Sndp Yogam
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 PETITIONER(S) :- -------------------
1. MOHANAN.A, S/O.ARJUNAN, PANDARIKAZHATHU, ASRAMAM P.O., KOLLAM -11.
2. MURUGA RAJ, S/O.G.RAJENDRAN, KAIKKARA, KUNDAKKAL EAST P.O., KOLLAM -1 BY ADVS.SRI.SAJAN VARGHEESE K.
SRI.LIJU. M.P RESPONDENT(S) :- -----------------
1. SREE NARAYANA DHARMA PARIPALANA YOGAM (ARUVIPURAM SREE NARAYANA DHARMA PARIPALANA YOGAM) SNDP YOGAM OFFICE, KOLLAM -1 REPRESENTED BY THE GENERAL SECRETARY VELLAPPALLY NATESH @ V.K.NATESAN.
2. VELLAPPALLY NATESAN @ V.K.NATESAN S/O.KESAVAN, GENERAL SECRETARY SREE NARAYANA DHARMA PARIPALANA YOGAM (ARUVIPURAM SREE NARAYANA DHARMA PARIPALANA YOGAM) SNDP YOGAM OFFICE, KOLLAM -1 RESIDING AT VELLAPPALLY HOUSE KANICHUKULANGARA, CHERTHALA, ALAPPUZHA DISTRICT.
3. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT THIRUVANANANTHAPURAM - 695 001.
4. THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, THIRUVANANTHAPURAM - 695 001.
5. THE DISTRICT POLICE CHIEF KOLLAM - 1.
6. THE COMMISSIONER OF POLICE, CORPORTION OF KOLLAM - 1.
7. THE ASSISTANT COMMISSIONER OF POLICE CORPORATION OF KOLLAM - 1.
8. THE CIRCLE INSPECTOR OF POLICE KOLLAM EAST POLICE STATION, KOLLAM - 11.
9. THE SUB INSPECTOR OF POLICE KOLLAM EAST POLICE STATION, KOLLAM -11.
10. ADV. SRI.R.KRISHNA RAJ THE RETURNING OFFICER, SNDP YOGAM ELECTION SNDP YOGAM OFFICE, KOLLAM - 1.
R1-R2 BY ADV. SRI.A.N.RAJAN BABU SRI.P.GOPALAKRISHNAN (MVA) SRI.A.R.EASWAR LAL R3 - R9 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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APPENDIX PETITIONER(S)' EXHIBITS :- EXT.P1: TRUE COPY OF THE RULES OF THE RESPONDENT NO.1 YOGAM. EXT.P2: TRUE COPY OF THE NOTICE DATED 11/7/2015 ISSUED BY THE RESPONDENT NO.2.
EXT.P2(a): TRUE ENGLISH TRANSLATION OF EXT.P2. EXT.P3: TRUE COPY OF THE RELEVANT PORTION OF THE ORDER DTED 29/10/2004 PASSED IN WPC NO.31556/2004 ON THE FILE OF THIS HON'BLE COURT.
RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.22228 of 2015 ------------------------------------- Dated this the 28th day of July 2015
J U D G M E N T
Ashok Bhushan, CJ Heard the learned counsel for the petitioners, the learned Government Pleader and the learned counsel appearing for respondents 1 and 2.
2.
By this writ petition, the petitioners are seeking for a writ of mandamus directing respondents 3 to 9 to afford adequate protection in connection with the election process as contemplated in Ext.P2. Ext.P2 is a notice for 110th Annual General Body Meeting and election of office bearers of the SNDP Yogam, Kollam.
3.
Learned Government Pleader submits that when the earlier election was held on 4.9.2010, sufficient police personnels were present and no untoward incident had been reported. He submits that police are always ready to maintain law and order at the venue, if request comes from the appropriate authority. 4.
In the above view of the matter, we see no reason to issue any direction to provide police protection. However, we only
W.P.(C) No.22228 of 2015 -: 2 :- observe that respondents 8 and 9 shall ensure that law and order is maintained at the venue of the election.
With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt