IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 20314 of 2009(H) ------------------------------------ PETITIONER(S): ------------------------ ALL KERALA CHEMIST & DRUGGIST ASSOCIATION, A SOCIETY REGISTERED UNDER ACT XII OF 1995 WITH REG.NO. ER-21 OF 1973, HAVING ITS REGD.OFFICE AT CHEMISTS BHAVAN, CHAVARA CENTRE ROAD.,KOCHI-682018,REPRESENTED BY ITS GENERAL SECRETARY K.SIVASANKARAN, S/O.C.SANKARANKUTTY NAIR, RESIDING AT CHERUVARA HOUSE, MUKKATTUKARA, TRICHUR DIST. BY ADVS. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.S.VAIDYANATHAN RESPONDENT(S): ------------------------ 1. COMMISSIONER OF POLICE, KOCHI CITY. 2. ASSISTANT COMMISSIONER OF POLICE, KOCHI CITY. 3. CENTRAL INSPECTOR OF POLICE, CENTRAL CIRCLE. 4. ANTONY THARIAN, S/O. LATE T.V.THARIAN, TRUST PHARMACEUTICALS, KAYYATH LANE, PALARIVATTOM. 5. O.M.ABDUL JALEEL, OLEPPILLIL MEDICALS, MEDICAL TRUST BUILDING, ERNAKULAM. tss W.P.(C) NO.20314/2009 6. MILTON J.THALAKOTTOR, TRY GLOBE MEDI CARE, GURUVAYOOR ROAD, KUNNAMKULAM. 7. JOLLY STEPHEN, CHARLSONE ENTERPRISES MANNATH LANE, M.G.ROAD, THRISSUR. R1 TO R3 BY GOVT. PLEADER SMT.C.M.CHARISMA R4, 6 & 7 BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE R4,6 & 7 BY ADV. SRI.MILLU DANDAPANI R5 BY ADV. SRI.VARGHESE C.KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.20314/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER IN IA. NO.2422/2008 IN OS. 326 /2008 DTD. 17.7.2008. P2:- COPY OF THE JUDGMENT IN OS. NO.786/08. P3:- COPY OF THE PLAINT IN OS. NO.1142/2008. P4:- COPY OF THE MUNSIFF COURT IN IA. NO.17250/08 IN OS. 1142/2008. P5:- COPY OF THE COMMON ORDER IN CMA. NOS. 102/08 AND 103/08 DT.D 3.1.2009. P6:- COPY OF THE PETITION DTD. 7.7.09. P7:- COPY OF THE REPRESENTATION SUBMITTED TO THE 3RD RESPONDENT. P8:- COPY OF THE LETTER DTD. 8.9.08. P9:- COPY OF THE COMMUNICATION ISSUED TO THE 4TH RESPONDENT BY REGISTERED POST. P10:- COPY OF THE MINUTES OF THE GENERAL COUNCIL HELD ON 8.3.2009. P11:- COPY OF THE GENERAL COUNCIL MEMBERS FOR THE PERIOD OF 2006-09 . P12:- COPY OF THE ADVOCATE COMMISSIONER ADV. SAJAN APPOINTED BY THE MUNSIFF COURT, KOTTAYAM IN OS. NO.406/2009. P13:- COPY OF THE REPORT OF THE RETURNING OFFICER. P14:- COPY OF THE JUDGMENT IN WPC. 7080/09 DTD. 29.3.2010. P15:- COPY OF THE ORDER DTD. 23.12.2010 OF SUB COURT, ERNAKULAM IN IA. NO 996/2010 AND IA. 1750/2010 IN OS. 414/2010. P16:- COPY OF THE COMMISSION REPORT IN IA. NOI.8098/09 IN OS. 1159/2009 OF MUNSIFF'S COURT AT ERNAKULAM. RESPONDENT'S EXHIBITS R5(a):- COPY OF THE MINUTES OF THE MEETING OF THE STATE EXECUTIVE COMMITTEE DTD. 6.1.2008. R5(b):- COPY OF THE DECISION OF THE GENERAL COUNCIL REVIEWING AND AMENDING THE DECISION OF THE STATE EXECUTIVE COMMITTEE DTD. 16.1.2008. R5(c):- COPY OF THE NOTICE DTD. 19.2.09 ISSUED BY 63 GENERAL COUNCIL MEMBERS. W.P.(C) NO.20314/2009 R5(d):- COPY OF THE COURIER RECEIPT ISSUED BY THE COURIERS. R5(e):- COPY OF THE NOTICE DTD. 28.2.09. R5(f):- COPY OF THE MINUTES DTD. 7.3.2009. R5(g):- COPY OF THE LIST OF NOTICES UNDER CERTIFICATE OF POSTING . R5(h):- COPY OF THE NOTICE FOR ELECTION ISSUED ON 27.6.09. R5(i):- COPY OF THE RESULT DECLARATION. R5(j):- COPY OF THE FIR IN CRIME NO.1193/2008 OF KODUNGALLUR POLCIE STATION ALLEGING THE COMMISSION OF OFFENCE CULPABLE UNDER SECTION 420, 465 AND 458 R/W SECTION 34 OF IPC. TRUE COPY P.A. TO JUDGE tss R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.20314 of 2009 ------------------------------------------- Dated this the 22nd March, 2011 JUDGMENT Basant, J. This petition for police protection filed as early as on 17.7.2009 remains without disposal even now. 2. We have heard the learned counsel for the petitioner and the learned counsel for the respondents. The crux of the dispute is about an association - regarding the management and administration of the association. It appears that there are disputes between the parties. Though the matter has been pending from 17.7.2009, no interim orders have been issued. Parties are already before the civil court and we are informed that the civil court has passed orders in the matter. We do not think it necessary to advert to the details of the dispute. Suffice it to say that it is for the parties to approach the civil court and seek appropriate directions. We are not persuaded to agree that in this petition any directions under Article 226 can need or deserve to be issued. This petition is accordingly dismissed. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/