The Venjaramood Service Co Operative Bank Ltd. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 29TH DAY OF JULY 2015/7TH SRAVANA, 1937 PETITIONER(S) :- ----------------- THE VENJARAMOOD SERVICE CO-OPERATIVE BANK LTD. NO.2419, VENJARAMOOD P.O, THIRUVANANTHAPURAM PIN - 695 607 REPRESENTED BY ITS SECRETARY, SWARNALATHA, AGED 58 YEARS, W/O.VIDYADHARAN, KOTTARAM VILAKATH VEEDU VENJARAMOODU P.O, THIRUVANANTHAPURAM.
BY ADVS.SRI.SHAIJAN C.GEORGE SRI.C.K.SAJEEV SMT.S.REKHA SRI.M.T.AJITH SMT.SAJITHA GEORGE RESPONDENT(S) :- ------------------
1. STATE OF KERALA REPRESENTED BY HOME SECRETARY, GOVT. SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.
2. DEPUTY SUPERINTEDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM, PIN - 695 101.
3. CIRCLE INSPECTOR OF POLICE VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695 607.
4. SUB INSPECTOR OF POLICE VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695 607.
5. D.RAVEENDRAN NAIR, AGED 55 YEARS, S/O.DAMODHARAN NAIR, KAIRALI HOUSE, KANNANKODE VENJARAMOODU P.O, THIRUVANANTHAPURAM, PIN - 695 607.
6. SUJATHAN, AGED 46 YEARS, S/O.SREEDHARAN, SREEBHAVAN, MUKANNOOR, VENJARAMOODU P.O, TRIVANDRUM - 695 007.
7. B.K.MURALI, AGED ABOUT 52 YEARS, S/O.DAMODARAN NAIR THIRUVANANTHAPURAM, PIN - 695 607 (AREA SECRETARY, COMMUNIST PARTY OF INDIA (MARXIST), VENJARAMOODU P.O., THIRUVANANTHAPURAM, PIN - 695 607. R1 TO R4 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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APPENDIX PETITIONER(S)' EXHIBITS :- --------------------------- EXT.P1:A TRUE COPY OF THE RESOLUTION NO.152/2015.16 DATED 10.07.2015 OF THE BOARD OF DIRECTORS OF THE PETITIONER AND ITS ENGLISH TRANSLATION.
EXT.P2:PHOTGRAPH OF THE PETITIONER'S BUILDING. EXT.P3:A TRUE COPY OF THE JUDGEMENT DATED 14.10.2011 IN WPC.NO.24052/2011.
EXT.P4:PHOTOGRAPH OF THE BLOCKADE CAUSED TO THE BUILDING. EXT.P5:A TRUE COPY OF THE REPRESENTATION DATED 22.07.2015 AND ITS TRUE ENGLISH TRANSLATION.
RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
---------------------------------- W.P.(C) No.22895 of 2015 ------------------------------------- Dated this the 29th day of July 2015
J U D G M E N T
Shaffique, J Heard the learned counsel for the petitioner and the learned Government Pleader appearing on behalf of respondents 1 to 4. No notice is being issued to respondent 5 to 7 in view of the order being passed.
2.
The petitioner is a Society, which runs a bank. It is stated that the 5th respondent, who was an employee of the Bank, has been dismissed from service on account of disciplinary action taken against him. He, aggrieved by the said action, under the leadership of respondents 6 and 7, started obstruction to the functioning of the Bank by way of demonstration and agitation. The petitioner, apprehending that the functioning of the Bank will be stopped, filed a complaint to the police and since no action has been taken in the matter, they have approached this Court. 3.
Learned Government Pleader on instructions would submit that the police station is 20 metres away from the Bank and on the request of the Bank, necessary protection has been
W.P.(C) No.22895 of 2015 -: 2 :- granted in the functioning of the Bank and also ingress and egress to the staff and other customers of the Bank. There is no law and order situation as matter stands now.
4.
Having regard to the aforesaid factual situation, we do not think that any direction as sought for is required to be passed in this writ petition. We only observe that if there is any further threat from the side of the party respondents or their men, on the request of the petitioner, appropriate protection shall be afforded to the functioning of the Bank including ingress and egress. With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt