IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 W.P(C).No. 28847 of 2008(H) ----------------------------------- PETITIONERS: ------------------------- 1. V.R. KESAVAN, PRESIDENT, KERALA VISWAKARMA SABHA, SAKHA NO 169, KALLARA. 2. K.N. PRABHAKARAN, SECRETARY, KERALA VISWAKARMA SABHA, SAKHA NO. 169, KALLARA. BY ADV. SRI.V.N.SASIDHARAN SRI.SANTHOSH THOMAS KANDANCHIRA RESPONDENTS: ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PALA. 3. THE CIRCLE INSPECTOR OF POLICE, KADUTHURUTHY. 4. B. THANKAPPAN ACHARY, NADIUMKUNNEL HOUSE, KALLARA.P.O, KALLARA VILLAGE, VAIKOM TALUK. 5. V.K. RADHAKRISHNAN, VADAKKA PLAMPARAMBIL, KALLARA.P.O, KALLARA VILLAGE, VAIKOM TALUK. 6. THE SUB INSPECTOR OF POLICE, KADUTHURUTHY. SRI. BENJAMIN PAUL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: scm K.BALAKRISHNAN NAIR & M.C.HARI RANI JJ. ----------------------------------------------------- W.P.(C)No.28847 OF 2008 ----------------------------------------------------- DATED THIS THE 29th DAY OF SEPTEMBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioners claim, they are the legally elected office bearers of Kerala Viswakarma Sabha, Sakha No.169 of Kallara. Respondents 4 and 5 were former members of the Sabha. Now, they have nothing to do with the above said Sakha of the Kerala Viswakarma Sabha. But, they are interfering with the functioning of the petitioners. So, the petitioners filed Exhibits P12, 14 and 15 representations before the police, seeking necessary protection. Thereafter, this Writ Petition is filed seeking the following reliefs. “a) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 2, 6 and 3 to give adequate and effective police protection to the petitioners to function their official duties in the building No.109 Ward No.III, Kallara Panchayath, situated in Sakha No.169 Kallara. b) issue a writ of mandamus or any order or direction to the respondents 2, 6 and 3 to give effective police protection to conduct General body meeting and election of office bearers to be held on 19.10.2008 in the KVS Sakha building No.109. W.P.(C)No.28847/08 -2- c) issue a writ of prohibition restraining the 4th and 5th respondents or anybody under them from interfering with the day to day affairs and smooth functioning of the Sakha, causing any obstruction to the general body meeting proposed to be held on 19.10.2008, causing any obstruction to the proposed construction works and causing any damage to Sakha building and properties or records kept there.” 2. The first relief cannot be granted in view of the Division Bench decision of this Court in Sree Narayana Samskarika Samithy v. State of Kerala (2008(2) KLT 118). The second relief also cannot be granted by this Court. If anybody is expected to cause obstruction to the conduct of the General Body of the Sakha, the petitioners have to move the competent civil court and get injunction against him. The 3rd prayer cannot be granted for two reasons. Firstly, a writ of prohibition from this Court will be issued only against courts and Tribunals. Secondly, respondents 4 and 5 who are private parties are not amenable to our writ jurisdiction. Therefore, this Writ Petition fails and it is dismissed, without prejudice to the contentions of the petitioners and their right to move the competent civil court for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn