IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 18682 of 2008(Y) ---------------------------------------- PETITIONER: --------------------- L.K.MOHAMMED ALI HAI, AGED 57 YEARS, S/O.AHAMED, RESIDING AT SALAMATH MANZIL, THE PRESIDENT OF KIDMATH ORGANISATION OF PADNE (KOP, (P.O)., PADNE. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID RESPONDENTS: ------------------------- 1. CIRCLE INSPECTOR OF POLICE, NEELESWARAM, COLLECTORATE COMPLEX, KASARAGOD. 2. DEPUTY SUPERINTENDENT OF POLICE, HOSDRUG, POST KANJANGAD. 3. DISTRICT SUPERINTENDENT OF POLICE, KASARAGOD. 4. P.K.C.MOHAMMOD HAJI, AGED 57 YEARS, S/O.KUNHAMMED HAJI, CHAKKIKANDAM HOUSE, PADNE. 5. T.K.ABDUL KAREEM HAJI, AGED 60 YEARS, S/O.MOOSAN, NEAR CORPORATION BANK, PADNE(POST). 6. B.C.A. RAHEEM, AGED 40 YEARS, S/O.KAHLID, NEAR MADRASUL RAHMANIA, PADANNA. 7. M.C.SULAIMAN HAJI, AGED 65 YEARS, S/O.MOIDEEN KUTTY, NEAR PADNE MR HIGH SCHOOL, PADNE. 8. T.P.MUTHALIB, AGED 52 YEARS, S/O.MOHAMMED KUNHI, NEAR MOOSA HAJI MUKKU, PADNE. 9. T.K.C.MOHAMMED ALI HAJI, AGED 57 YEARS, S/O.ABDULKADER, THEKKEPPURAM, P.O., PADNE. BY SR. GOVERNMENT PLEADER SRI. BENJAMIN PAUL BY ADV. SRI.KALEESWARAM RAJ R6-9 SRI.JAWAHAR JOSE SRI.SURESHKUMAR KODOTH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.18682/2008 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF JUDGMENT DTD. 10/01/2007 PASSED IN I.A.NO.2979/2006. EXT.P2: COPY OF THE ORDER IN WP(C) NO.28483 OF 2006 DTD. 9/11/2006. EXT.P3: COPY OF ORDER IN WP(C) 401/2007 DTD. 8/01/2007. EXT.P4: COPY OF THE COMPLAINT FILED BEFORE THE CIRCLE INSPECTOR OF POLICE, NEELESWARAM WITH POSTAL RECEIPT. EXT.P5: COPY OF THE REPRESENTATION. RESPONDENT'S EXHIBITS: EXT.R4(A): COPY OF ADVERTISEMENT APPEARED IN CHANDRIKA DAILY DTD. 07/05/2008. EXT.R4(B): COPY OF NEWS ITEM APPEARED IN LATEST DAILY DTD. 29/05/2008. EXT.R4(C): COPY OF NEWS ITEM PUBLISHED IN TEJUS DAILY APPEARED DTD. 30/05/2008. EXT.R4(D): COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DTD. 30/05/2008. EXT.R4(E): COPY OF NEWS ITEM PUBLISHED IN MADHYAMAM DAILY DTD. 04/06/2008. EXT.R4(F): COPY OF NEWS ITEM PUBLISHED IN CHANDRIKA DAILY DTD. 07/06/2008. EXT.R4(G): COPY OF BYELAWS OF KOP EXT.R8(A): COPY OF THE MINUTES OF THE GENERAL BODY MEETING HELD ON 28/05/2008 (WEDNESDAY) OF THE KIDMATH (KOP). EXT.R8(B): COPY OF THE LETTER DTD. 9/06/2008. /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.18682 OF 2008 ----------------------------------------------------- DATED THIS THE 27th DAY OF JUNE, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner submits, he is the President of a registered Society called Kidmath Organisation of Padanne in Kasargod District. The General Body of the said Society was held on 28.5.08 for electing the office bearers of the Society. But the proceedings of the meeting could not be completed. The respondents 4 to 9 and their supporters disrupted the meeting. They took away the minutes book by force and created some documents. Immediately, the petitioner filed a complaint before the police, a copy of which is produced as Exhibit P5. Later, the petitioner summoned a General Body for electing the new office bearers on 21.6.2008. Apprehending violence in the venue where the election was proposed to be held, the election was adjourned to 29.6.2008. The petitioner filed Exhibit P4 representation before the District Superintendent of Police and other subordinate officers claiming protection for holding the said General Body meeting peacefully and without obstruction. Because of the political clout of respondents 4 to 9, the petitioner apprehends the police will not extend any helping hand. W.P.(C)No.18682/08 -2- 2. This writ petition was filed, seeking the following relief: “to issue a writ of Mandamus or other appropriate Writ or direction commanding respondent No.1 to 3 to accord protection to the lives of the petitioner and members of General Body of Kidmath Organisation of Padne who propose to assemble in the auditorium of Sharaff Arts and Science College on 21-6-2008 or any other date thereafter for the purpose of election of the Committee and carrying out other Agenda.” In view of the adjournment of the meeting to 29.6.2008, the petitioner prays, police protection may be granted to hold the same on the said date peacefully. 3. The 5th respondent has filed a counter affidavit denying the allegations against him. According to him, the General Boday was held smoothly on 28.5.2008 and office bearers were elected in that meeting. Therefore, the present meeting convened is unnecessary. The 4th respondent also has filed a counter affidavit substantially supporting the stand of the 5th respondent. He also denies the allegations against him raised in the writ petition. The 8th respondent has filed a counter affidavit. It is pleaded by him that the election took place as scheduled on 28.5.2008 in the presence of the writ petitioner and he has produced Exhibit R8(a), stated to be the W.P.(C)No.18682/08 -3- minutes of the meeting which is signed by the petitioner as Sl.No.8 among the participants. 3. The petitioner denies the claim of the party respondents that the election has taken place. According to him, with the help of the police a fraud has been played on the Society and no election actually took place. 4. Having regard to the claims and counter claims raised by the petitioner and the party respondents in this writ petition, we feel that this is a civil dispute in which the police cannot be asked to interfere for one side or the other. Only the civil court can decide whether the claim of the petitioner or that of the party respondents is correct. The civil court can also, if found necessary, direct the police to enforce its orders. In view of the above position, this writ petition is dismissed, without prejudice to the contentions of the petitioner and his right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR,JUDGE. M.C.HARI RANI, JUDGE. dsn