Palazhi Ksheerolpadaka Sahakarana Sangham Ltd.No. D 66 v. The Station House Officer/Sub Inspector Of Police

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 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 WP(C).No. 37183 of 2015 (W) ---------------------------- PETITIONER :

------------------ PALAZHI KSHEEROLPADAKA SAHAKARANA SANGHAM LTD., NO. D 66 APCOS, GURUVAYURAPPAN COLLEGE, KOZHIKODE, REPRESENTED BY ITS SECRETARY MINI N., AGED 49 YEARS BY ADV. SRI.P.P.JACOB RESPONDENTS :

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1. THE STATION HOUSE OFFICER/SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, KOZHIKODE - 673027.

2. THE CIRCLE INSEPCTOR OF POLICE, , NALLALAM POLICE STATION, KOZHIKODE - 673027.

3. THE ASSISTANT COMMISSIONER OF POLCIE, KOZHIKODE TOWN SOUTH, KOZHIKODE - 673001.

4. THE COMMISSIONER OF POLICE, KOZHIKODE, KOZHIKODE-673001.

5. THE KARASSERY SERVICE CO-OPERATIVE BANK LTD. NO. D 2628, KARASSERY, KOZHIKODE, REPRESENTED BY ITS GENERAL MANAGER. R1 TO R4 BY STATE ATTORNEY SRI.P. VIJAYARAGHAVAN R4 BY SRI.AJITH KRISHNAN, SC, THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-12-2015 ALONG WITH WPC 37184/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 37183 of 2015 (W) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R1 DT 30/11/2015 ALONG WITH THE ENGLISH TRANSLATION. P2:

COPY OF THE INTERIM ORDER IN WA 2441/2015 DT 1/12/2015. P3:

COPY OF THE COMPLAINT FILED BY THE FIFTH RESPONDENT BEFORE THE R1 DT 3/12/2015 ALONG WITH ENGLISH TRANSLATION. P4:

COPY OF FIR IN CRIM 1387/2015 DT 3/12/2015 OF THE JUDICIAL FIRST LASS MAGISTRATE COURT, KUNNAMANGALAM ALONG WITH ENGLISH TRANSLATION.

P5:

COPY OF THE ORDER IN WPC NO. 31883/2015 DT 20/10/2015 OF THE HIGH COURT OF KERALA.

RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.S.TO JUDGE bp

ASHOK BHUSHAN, C.J.

& A.M. SHAFFIQUE, J.

================ W.P. (C) Nos. 37183 & 37184 of 2015 ======================= Dated this, the 8th day of December, 2015

J U D G M E N T

Shaffique, J.

WP(C) No.37183/15 has been filed by the petitioner society seeking for police protection for its members to conduct transactions and financial dealings with Palazhi branch office of the 5th respondent. It is stated that their members have dealings with the said branch and certain identifiable persons are obstructing them to carry on with the banking transactions. With reference to certain complaints, crime has been registered by the police and investigation is in progress. Still, there is continuous obstruction and though further complaints were given to the police, no action had been taken in the matter and hence the petitioner has approached this Court.

2.

WP(C) No.37184/15 has been filed by two persons alleging that they are having transactions with the 5th respondent Bank having its branch at Poovattuparambu. They are also being

W.P(C) Nos.37183 & 37184/15 -:2:- prevented by a group of persons and though complaints were given to the police, no action had been taken in the matter. 3.

The main contention urged by the learned counsel for the petitioners with reference to the above writ petitions is that certain persons who are having banking transactions with the 5th respondent Bank at their different branches are being prevented from conducting the banking transactions. This, according to them, is on account of some internal conflict which had arisen between different Banks.

4.

Learned State Attorney on instructions would submit that after receiving the complaint from the petitioners, police had enquired into the matter and it was noticed that there was no law and order situation. If at all there is any such instance, on the compliant of either of the parties, the police shall look into the matter and do the needful.

We record the above submission and close the writ petitions. Sd/- ASHOK BHUSHAN, CHIEF JUSTICE Sd/- A.M. SHAFFIQUE, JUDGE Rp26/11/2015 //True Copy// PS to Judge