The Court dismissed a writ petition seeking police protection for the Trust President to conduct functions, holding that no further direction was necessary given the disposal of prior petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 5TH DAY OF APRIL 2013/15TH CHAITHRA 1935
WP(C).No. 8865 of 2013 (G)
PETITIONER(S):
T.K.SANTHOSH AGED 34 YEARS S/O.T.P.KANNA, THANNIKKAPARAMBIL HOUSE, LOKAMALESWARAM KODUNGALLUR, PRESIDENT, VISWA BRAHMANA SAMOOHAM TRUST KODUNGALLUR.
BY ADV. SRI.P.K.ANIL
RESPONDENT(S):
1. S.K.RAJAPPAN ACHARI S/O.KRISHNAN ACHARI, SASTHAVINGAL HOUSE KODUNGALLUR-680 664.
2. V.K.UNNI ACHARI S/O.KUNHUMANI ACHARI, VELAMPARAMBIL HOUSE KODUNGALLUR-680 664.
3. K.G.RAJAN S/O.GOPALAN ACHARI, KATTIPADATH HOUSE, KS PURAM KODUNGALLUR-680 664.
4. SUB INSPECTOR OF POLICE KODUNGALLUR-680 664.
5. THE CIRCLE INISPECTOR OF POLICE KODUNGALLUR.
6. THE SUPERINTENDENT OF POLICE TRICHUR-680 664.
7. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETRIAT THIRUVANANTHPAURAM-695 001.
R2,R3 BY ADV. SRI.K.G.BALASUBRAMANIAN R BY GOVERNMENT PLEADER SRI.M.C.ABOOBACKER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8865 of 2013 (G)
APPENDIX
PETITIONER(S)' EXHIBITS:-
EXHIBIT P1.TRUE COPY OF THE DEED DATED 2/9/1986.
EXHIBIT P2.TRUE COPY OF THE ATTENDEANCE REGISTER OF THE MEMBERS WHO PARTICIPATED IN THE MEETING HELD ON 23/1/2005.
EXHIBIT P3.TRUE COPY OF THE RESOLUTION DATED 21/1/2005.
EXHIBIT P4.TRUE COPY OF THE JUDGMENT IN OP NO.3791/2005 OF THIS HONOURABLE COURT.
EXHIBIT P5.TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 17/2/2010.
EXHIBIT P6.TRUE COPY OF THE JUDGMENT IN WPC NO.24093/2010 OF THIS HONOURABLE COURT.
EXHIBIT P7.TRUE COPY OF THE THE INVITATION CARD WITH RESPECT TO THE FUNCTION.
EXHIBIT P8.TRUE COPY OF THE INVITATION CARD OF THE MARRIAGE FUNCTION.
RESPONDENT(S)' EXHIBITS:- NIL.
( TRUE COPY )
PA TO JUDGE.
Kvs/-
K.M.JOSEPH & K.RAMAKRISHNAN, JJ.
-----------------------------------------------------------W.P.(C) No.8865 of 2013
----------------------------------------Dated, this the 5th day of April, 2013
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court seeking the following
relief:
“Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents 4 and 5 to afford adequate police protection to the petitioner to conduct functions as per the bookings already received and direct the respondents 4 and 5 to prevent respondents 1 to 3 from causing disturbance to the functions to be held in the VBS Hall on 28.3.2013 and 31.3.2013 respectively.”
Petitioner is the President of the Viswa Bhahmana Samooham Trust, Kodungallur. Respondents 2 and 3 are the past executive members of the above Trust. In the year 1986, some prominent members of goldsmith community who are Tamil speaking and who are residing in Kodungallur taluk, established a Trust, namely, 'Kodungallur Vishwa Brahmana Samooha Trust'. The purpose of forming such a trust was to give membership to all Tamil speaking members of Vishwa Karma community who are residing in Kodungallur taluk and the above Trust was established
W.P.C.8865/2013
2
to preserve the language script and culture of the community. The object of the above Trust is the social and economical empowerment of the members of the community. Ext.P1 deed was registered as document No.232/1986 on 2.9.86 of the Kodungallur Sub Registry. There are 15 signatories to the above deed. As per Ext.P1 deed the committee was authorized to purchase properties both immovable and movable on behalf of the Trust. Due to the earnest attempt of the then committee they could purchase 18 cents of property in Sy.No.843/2 of Kodungallur Sub Registry as per deed 3636/86 and 3645/86 in the year 1986 and constructed a Community Hall in the property in the same year. The marriage and other social gatherings of the community members are usually conducting in the above community hall, viz. VBS Hall, TKS Puram. The Trust is now having nearly 300 members, who are residents of the Kodungallur Taluk. A general body of the Trust was held on 23.1.2005 at the Methala Community Hall and 210 members of the community attended the meeting. The general body held on 23.1.2005 elected new committee members for managing the affairs of Vishwa Brahmana Samooham Trust and its properties. The petitioner was elected as the President. 194 members supported the Ext.P3 resolution electing new committee members. Thereafter, the petitioner is continuing as the President of the Trust as per the election conducted every year in the general body. On the earlier occasion when the respondents prevented the petitioner and other office
W.P.C.8865/2013
3
bearers from assuming charge they approached this Court by filing WPC 3791/05 praying police protection to discharge their official duties. This Court, by Ext.P4 order dated 8.2.05 was pleased to dispose of the petition directing the police authorities to give adequate police protection if found necessary. While the matter stood like this, respondents continued their threat and are disrupting the functioning of the office by physically preventing the petitioner and other office bearers from entering into the office room. On several occasions they made attempt to trespass into the office room and they verbally threatened the petitioner and other office bearers with dire consequences. In the above circumstances, petitioner filed Ext.P5 petition before the 6th respondent praying to give adequate protection to his life and give necessary assistance for the smooth functioning of the office. The 4th respondent is taking a helping attitude towards the trouble makers and he is favouring them while discharging his official duty. So, the petitioner approached this Court by filing WPC 24093/10 seeking for police protection and the same is disposed by Ext.P6 order dated 2.8.2010 taking note of Ext.P4 judgment of this Court. Now, respondents 1 to 3 and their men are entering into the office room situated into the hall and threatening the office staff and they have stated that they will not allow any function to be held in the VBS Hall. The petitioner has already taken booking for functions on 28.3.2013 in connection with the death of Divakaran and the family members of the said late Divakaran had
W.P.C.8865/2013
4
made arrangements to conduct a function in the VBS Hall as per Exts.P7 and P8 invitation cards. Respondents 1 to 3 and their men have openly threatened that they will not allow any functions to be held in the VBS Hall. Petitioner has received advance booking amount on behalf of the Trust for the above functions and if the functions are disturbed it will cause great damage to the persons concerned and the petitioner will be liable for the compensation. Hence, the petition.
(K.M.JOSEPH) JUDGE.
( K.RAMAKRISHNAN) JUDGE.
MS
2 issues framed by the court
Whether further police protection is required for the petitioner to conduct trust functions.
Whether respondents 1 to 3 should be directed to prevent disturbances to trust functions.
T.K.SANTHOSH
S.K.RAJAPPAN ACHARI
V.K.UNNI ACHARI
K.G.RAJAN
SUB INSPECTOR OF POLICE KODUNGALLUR
THE CIRCLE INISPECTOR OF POLICE KODUNGALLUR
K.M.JOSEPH
K.RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
