IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6214 of 2008(M) ------------------------- PETITIONER: ------------ SUBRAMANIAN.K.V., PRESIDENT, SREE NARAYANA EDUCATIONAL & CULTURAL TRUST (REGD) ADMINISTRATIVE BLOCK, S.N.VIDYABHAVAN, CHENTRAPPINNI, TRICHUR DISTRICT. BY ADV. SRI.P.K.ANIL RESPONDENTS: ------------- 1. SARANGADHARAN.T.V., THASHNATH HOUSE, CHENTRAPPINNI, TRICHUR DISTRICT. 2. CIRCLE INSPECTOR OF POLICE, VALAPPAD. 3. SUPERINTENDENT OF POLICE, TRICHUR. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.A.SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ----------------------------------------- W.P.(C) NO. 6214 OF 2008-M ----------------------------------------- Dated 22nd February, 2008. JUDGMENT Balakrishnan Nair,J. The petitioner submits, he is elected President of a Trust, which is running an educational institution. The 1st respondent was the former General Secretary of the Trust. This time, though he contested, he and the rival candidate polled equal votes. So, the results of the election to the office of General Secretary are yet to be declared. In the absence of the General Secretary, as per the bye-laws of the Trust, the Joint Secretary can discharge the functions of the General Secretary. The petitioner, who is the elected President, wanted to assume charge and function as the President of the Trust. But, the 1st respondent, who is the previous General Secretary, is not co-operating with him. He is not handing over the key of the office. In the above background, the petitioner filed Ext.P3 representation before the police. The prayer in the petition to the police is to dissuade the persons who stand in his way of discharging his functions as the President of the WPC 6214/2008 2 Trust. Alleging that the police did not act upon Ext.P3, this writ petition is filed, seeking the following reliefs: “(a) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 2nd respondent to take appropriate action on Ext.P3. (b) writ of mandamus or any appropriate writ order or direction, directing the 2nd respondent to afford adequate and efficient police protection to run and manage the affairs of the Sree Narayana Educational and Cultural Trust, Chentrappinni.” 2. If the petitioner is elected President of a Trust and if somebody is obstructing him from discharging the functions of that office, his remedy is to move the competent civil court and get appropriate orders against the obstructor. The police have no role to play in this. We find nothing wrong with the inaction of the police in not taking steps as requested in Ext.P3. No law has been brought to our notice, which is in force in the State, which enables the police to act as requested in Ext.P3. The police cannot be allowed to dabble in the civil disputes between the parties concerning the administration of a Trust. In the result, the writ petition is dismissed without prejudice to the contentions of the petitioner and his right to move other forums for WPC 6214/2008 3 appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. Nm/