Sree Narayana Dharma Paripalana Yogam Adoor Union v. The Deputy Superintendent

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 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 WP(C).No. 38627 of 2015 (C) ---------------------------- PETITIONER :

------------------ SREE NARAYANA DHARMA PARIPALANA YOGAM ADOOR UNION, T.K.MADHAVA SOUDHAM, ADOOR, ADOOR P.O., PATHANAMTHITTA - 691523 REPRESENTED BY ITS CONVENOR BY ADVS.SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI SRI.O.V.MUSTAFA ZAFEER SRI.JIKKU SEBAN GEORGE RESPONDENTS :

----------------------

1. THE DEPUTY SUPERINTENDENT OF POLICE, ADOOR P.O., ADOOR, PATHANAMTHITTA -691523.

2. SUB INSPECTOR OF POLICE, ADOOR P.O., ADOOR, PATHANAMTHITTA - 691523.

3. SRI.D PRASAD, RESIDING AT AISWARYA, AYKKAD, KODUMON P.O., PATHANAMTHITTA - 691555.

4. SRI. B. BIJU, RESIDING AT CHIRAKKUTTIYIL VEEDU, PALLIKKAL, PANAYIL P.O., ALAPPUZHA - 690504.

5. SRI. SIVADASAN, RESIDING AT THADATHIL, MELOOD P.O., PATHANAMTHITTA - 691554.

6. SRI. UMMESH, RESIDING AT ELLUMKKALA PUTHEN VEEDU, KOODAL P.O., PATHANAMTHITTA - 689693.

7. SRI.K.K. BABUSENA PANICKER, BABU VILASAM, NEDUMANKAVU P.O., KOODAL, PATHANAMTHITTA - 689693.

8. SRI. DILEEP ATHIRUNGAL, KAITHAYIL, ATHIRUNGAL P.O., PATHANAMTHITTA - 689693.

R1 & R2 BY STATE ATTORNEY SRI. P. VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 38627 of 2015 (C) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF ORDER NO. AAO/2104/2015 DT 15/10/2015 OF THE SNDP YOGAM GENERAL SECRETARY ALONG WITH ENGLISH TRANSLATION OF MALAYALAM EXT P1.

P2:

COPY OF AN AGREEMENT DT 9/6/2015 EXECUTED BETWEEN THE FORMER SECRETARY AND PRESIDENT OF THE UNION ALONG WITH ENGLISH TRANSLATION OF MALAYAM EXT P1.

P3:

COPY OF LETTER NO. KZO:LGL:HKS:192 DT 27112015 ISSUED BY BANK OF INDIA TO THE CONVENOR OF PETITIONER UNION.

P4:

COPY OF LETTER DT 8/12/2015 SUBMITTED BY THE PETITIONER UNION BEFORE TE NATIONAL BANKING ZONAL MANAGER, KOCHI. P5:

COPY OF LETTER DT 9/12/2015 SUBMITTED BY THE PETITIONER UNION BEFORE THE NATIONAL BANKING ZONAL MANAGER, KOCHI ALONG WITH ENGLISH TRANSLATION OF MALAYALAM EXT P5.

RESPONDENT'S EXHIBITS :

NIL //TRUE COPY// P.A. TO JUDGE bp

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

---------------------------------------- W.P.(C) No.38627 of 2015 ---------------------------------------- Dated this the 18th day of December 2015

J U D G M E N T

Shaffique, J.

This writ petition has been filed seeking for police protection alleging that obstruction is being created by respondents 3 to 8 in the matter relating to functioning of their office.

2.

Learned State Attorney on instructions would submit that a strike was conducted by certain creditors of the petitioner on 15.10.2015 and by virtue of a settlement arrived at between the parties, they have withdrawn the strike. It is submitted that as matter stands now, there is no law and order situation as contemplated by the petitioner.

3.

Having regard to the fact that at present there is no law and order situation, we do not think it necessary to issue any direction as sought for in this writ petition. We only observe that if there is any further law and order situation, it

W.P.(C) No.38627 of 2015 -: 2 :- shall always be open for the petitioner to approach the police, who shall look into the matter and do the needful. With the above observation, this writ petition is disposed of.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE JUDGE Jvt/18.12.2015.