W.A.No.1366 of 2023

1 W.A.No.1366 of 2023 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 31[ST] DAY OF JULY 2023 / 9TH SRAVANA, 1945** **W.A.NO.1366 OF 2023** **AS AGAINST THE ORDER DATED 24.07.2023 PASSED IN WP(C) NO.22996 OF 2023 ON THE FILE OF HIGH COURT OF KERALA** ## **APPELLANTS/RESPONDENTS 3 TO 6:-** - **1 GEORGE BASTIN [BRANCH COMMITTEE MEMBER OF CPI(M)] KUNNATHUR HOUSE, GOTHURUTHU P.O., CHENDAMANGALAM, ERNAKULAM, PIN - 683512** - **2 ANILKUMAR.A.S, [OPPOSITION LEADER OF ERNAKULAM DISTRICT PANCHAYATH], APPACHATHU HOUSE, VADAKKUMPURAM P.O, CHENDAMANGALAM, ERNAKULAM, PIN - 683512** - **3 T.M.PAVITRAN [LOCAL COMMITTEE MEMBER OF THE CPI], THAIPARAMBIL HOUSE, THEKKUMPURAM, CHENDAMANGALAM, ERNAKULAM, PIN - 683512** - **4 K.S.SIVADASAN [LOCAL COMMITTEE MEMBER OF THE CPI], KOVATTU HOUSE, CHENDAMANGALAM, ERNAKULAM, PIN - 683512** **BY ADVS. K.SUJAI SATHIAN PREETHI. P.V. M.V.BALAGOPAL MARY LIYA SABU GOURI MEEMPAT SANGEETHA SREEKUMAR T.SETHUMADHAVAN (SR.)** 2 W.A.No.1366 of 2023 ## **RESPONDENTS/WRIT PETITIONER AND RESPONDENTS 1 AND 2:-** - **1 THE MANAGING COMMITTEE OF CHENDAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.132,** **CHENDAMANGALAM P.O- 683512, REPRESENTED BY PRESIDENT K.SIVASANKARAN, AGED 77 YEARS, RESIDING AT SOUMA VIHAR, PALIAM ROAD, CHENDAMANGALAM, ERNAKULAM., PIN - 683512** - **2 SUPERINTENDENT OF POLICE ALUVA, ERNAKULAM, PIN - 683101** - **3 STATION HOUSE OFFICER VADAKKEKKARA, ERNAKULAM, PIN - 683522** **BY ADV.** **P.N.MOHANAN** ## **SRI T.K.SHAJAHAN - SR GOVERNMENT PLEADER** **THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 W.A.No.1366 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** This writ appeal is filed by the appellants, who are respondents 3 to 6 in W.P.(C)No.22996 of 2023, which is one filed by the 1[st] respondent herein to provide adequate police protection for the smooth conduct of the Annual General Body Meeting of Chendamangalam Service Co-operative Bank Ltd., scheduled to be held on 30.07.2023 from 10.00 a.m. at Nair Samajam Mini Hall, Paliam Nada, and to appoint two observers from the High Court Bar to oversee the proceedings of the General Body. 2. In W.P.(C)No.22996 of 2023, the learned Single Judge passed an interim order dated 24.07.2023, whereby the Superintendent of Police, Aluva and the Station House Officer, Vadakkekkara Police Station, respondents 2 and 3 herein, were directed to provide adequate police protection for the smooth conduct of the Annual General Body scheduled to be held on 30.07.2023 from 10.00 a.m. at Nair Samajam Mini Hall, Paliam Nada. A lawyer of this Court was appointed as the Observer and it was ordered that the Observer need not interfere in the conduct of the General Body Meeting, who shall only watch the proceedings and file a report before this Court within one week after 30.07.2023. 4 W.A.No.1366 of 2023 3. On 27.07.2023, when this writ appeal came up for admission, this Court passed an interim order. Paragraphs 3 to 5 of that order read thus: “3. In **St. George Tabore Church and others v. State of Kerala and others [2021 (1) KHC SN 1: 2020 KER 47690]** a judgment rendered by one among us (Anil K. Narendran, J.) it was held that, in order to seek police protection under Article 226 of the Constitution of India, the petitioner in a writ petition filed under Article 226 of the Constitution of India has to first approach the concerned Station House Officer with a proper complaint against those who are causing threat to the life and/or the property of the petitioner. Since a writ of mandamus can be granted only in a case where there is a failure on the part of that officer concerned to discharge the statutory obligation, in the complaint filed before the concerned Station House Officer, which is foundation upon which a writ petition seeking police protection has been built, the petitioner has to disclose his legal right to compel performance of a statutory duty cast upon that authority. The said complaint should contain necessary pleadings. In case there is any failure on the part of the officer concerned in discharging the statutory duty or obligation, the petitioner can approach this Court in a writ petition filed under Article 226 of the Constitution of India, seeking appropriate reliefs, in which the State of Kerala, the officer concerned and also those who are causing threat to the life and/or the property of the petitioner, as alleged in the said complaint, are to be arrayed as respondents. 4. Though, the 1[st] respondent-writ petitioner has not identified the appellants who are respondents 3 to 6 in the writ petition in Exts.P5 and P6 representations dated 10.07.2023 made before the 2[nd] respondent Superintendent 5 W.A.No.1366 of 2023 of Police and the 3[rd] respondent Station House Officer seeking police protection and there is lack of specific pleadings in those representations, taking note of the fact that respondents 3 to 6 have raised certain objections in the previous General Body Meeting, i.e., the Annual General Body of Chendamangalam Service Co-operative Bank Ltd. for the year 2021-22, held on 31.12.2022, as evident from Annexure A1 notice dated 11.07.2023 issued by the Joint Registrar of Co-operative Societies; the fact that the previous General Body Meeting was attended by 10,815 members out of the total membership of the Society, which is around 30,000, as evidenced by Annexure A6 order dated 14.12.2022 of the Joint Registrar of Co-operative Societies, Ernakulam; the fact that Nair Samajam Mini Hall in which the Annual General Body is proposed to be held can accommodate only 300-350 person, we deem it appropriate to direct the 2[nd] respondent Superintendent of Police and the 3[rd] respondent Station House Officer to take necessary steps to ensure maintenance of law and order in the locality on 30.07.2023, when the Annual General Body of Chendamangalam Service Co-operative Bank Ltd is being conducted. Considering the fact that the hall in question can accommodate only 300-350 persons and that the number of members attended the previous Annual General Body Meeting is more than 10,000, we find that instead of sending an Observer for the General Body Meeting, in terms of the direction contained in the order dated 24.07.2023 of the learned Single Judge, the entire proceedings in the Annual General Body Meeting can be recorded by installing sufficient number of CCTV cameras inside and outside the hall in question, to cover the entire activities. The CCTV surveillance to be provided by the Society by 28.07.2023 shall be under the control of the Police and the CCTV 6 W.A.No.1366 of 2023 footage shall be produced before Registrar (Judicial) on 31.07.2023, by the police. The police shall ensure that no law and order issues are created on 30.07.2023 in the locality, either by the supporters of the appellants or the supporters of the 1[st] respondent. 6. (Sic:5) In case urgent interference of this Court is required, it would be open to the learned Senior Government Pleader to request for a listing of the matter before the Bench on 30.07.2023. Then the Registry shall list the matter before the Bench after obtaining the orders of the Hon’ble the Chief Justice.” 4. Heard the learned Senior Counsel for the appellants, the learned counsel for the 1[st] respondent Managing Committee and also the learned Senior Government Pleader for respondents 2 and 3. 5. The learned Senior Government Pleader, on instructions would submit that in terms of the directions contained in the order dated 27.07.2023, adequate police protection has been provided for the Annual General Body Meeting of Chendamangalam Service Co-operative Bank Ltd., which was held on 30.07.2023. Instead of CCTV cameras, there was surveillance with 11 video cameras inside and outside Nair Samajam Mini Hall by police, under the control of 3[rd] respondent Station House Officer, Vadakkekkara Police Station and there were no law and order issues in the locality. The video footage of the Annual General Body Meeting is placed on record along with 7 W.A.No.1366 of 2023 a statement dated 31.07.2023 of the 3[rd] respondent Station House Officer. 5. The learned Senior Counsel for the appellants would submit that in the Annual General Body Meeting, the appellants and their supporters have not created any law and order issues. However, they could not effectively participate in the Annual General Body Meeting, since they were not permitted to enter Nair Samajam Mini Hall. 6. We do not propose to consider those aspects in this writ appeal. Since the Annual General Body meeting of Chendamangalam Service Co-operative Bank Ltd. has already been conducted on 30.07.2023 without any law and order issues, this writ appeal is disposed of recording the said fact. The video footage of the Annual General Body Meeting conducted on 30.07.2023, produced along with a statement dated 31.07.2023 of the 3[rd] respondent Station House Officer, shall be kept in safe custody by Registrar (Judicial). Since the writ petition, i.e., W.P.(C)No.22996 of 2023 is pending before the learned Single Judge, it is for the appellants-respondents 3 to 6 or the 1[st] respondent-writ petitioner to move the learned Single Judge for appropriate orders regarding custody of the video footage of the Annual General Body Meeting produced along with a statement dated 31.07.2023 of the 3[rd] respondent Station 8 W.A.No.1366 of 2023 House Officer. The legal and factual contentions raised by the appellants-respondents 3 to 6 and the 1[st] respondent-writ petitioner regarding the Annual General Body Meeting conducted on 30.07.2023 are left open to be raised before the appropriate forum. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **P.G. AJITHKUMAR, JUDGE** PV 9 W.A.No.1366 of 2023 ## **APPENDIX OF WA 1366/2023** |**PETITIONER ANNEXURES**|**PETITIONER ANNEXURES**| |---|---| |**Annexure A1**|**A TRUE COPY OF THE NOTICE ISSUED UNDER**| ||**SECTION 32(1) FILE NO: CRP(2)2803/2022**| ||**DATED 11-07-2023**| |**Annexure A2**|**A TRUE COPY OF THE JUDGMENT IN WP(C)**| ||**NO.2474 OF 2022 DATED 02-02-2022**| |**Annexure A3**|**A TRUE COPY OF THE JUDGMENT IN W.A NO.**| ||**232/2022 DATED 24-02-2022**| |**Annexure A4**|**A TRUE COPY OF THE ORDER DATED 15-**| ||**11-2022 IN W.P.(C) NO. 36581 OF 2022**| |**Annexure A5**|**A TRUE COPY OF THE ORDER OF SPECIAL**| ||**JUDGE VIGILANCE MUVATTUPUZHA DATED 15-**| ||**12-2022 IN CMP 3440/2022**| |**Annexure A6**|**A TRUE COPY OF THE ORDER NO.CRP (2)-**| ||**625/2022 DATED 14-12-2022 ISSUED BY THE**| ||**REGISTRAR(CO-OPERATIVE SOCIETIES)**| |**Annexure A7**|**A TRUE COPY OF THE WRIT PETITION**| ||**NO.42628 OF 2022 IS DATED 22-12-2022**| |**Annexure A8**|**A TRUE COPY OF THE JUDGMENT IN WP(C) NO.**| ||**42628 OF 2022 DATED 08.02.2023**|