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C.V.SUBHASH v. STATE OF KERALA

Court: High Court of Kerala

Bench: HONOURABLE MR.JUSTICE BASANT BALAJI

Judgment date:

Case summary

High Court of Kerala judgment dated 2024-07-23. C.V.SUBHASH v. STATE OF KERALA. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE BASANT BALAJI RD TUESDAY, THE 23 DAY OF JULY 2024 / 1ST SRAVANA, 1946 WP(C) NO. 23898 OF 2020 PETITIONER: C. V. SUBHASH AGED 56 YEARS, S/O. C. R. VELAYUDHAN, CHARUVIL HOUSE, VADAKKUMMURI POST, THRISSUR DISTRICT, PIN 680 570 BY ADV P. K. RAVI SANKAR RESPONDENTS: 1 STATE OF KERALA REP. BY ITS SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM 695 001 2 DISTRICT POLICE CHIEF THRISSUR PIN-680 022 3 DEPUTY SUPERIENTENDANT OF POLICE THRISSUR, THRISSUR DISTRICT, PIN-680 001 4 STATION HOUSE OFFICER ANTHIKKAD POLICE STATION, ANTHIKKAD POST, THRISSUR DISTRICT 680 641 5 UNNIKRISHNAN THASHNATH S/O. PUSHPANGADHAN, THASHNATH HOUSE, CHENTHRAPINNI POST, THRISSUR DISTRICT PIN 680 687 6 T. S. VIJAYA RAGHAVAN S/O. SANKARANARAYANAN, THANDAYAMPARAMBIL HOUSE, EDAMUTTAM POST, THRISSUR DISTRICT PIN 680 568 7 M. S. PRADEEP S/O. SIVARAMAN, MANIYATH HOUSE, CHENTRAPPINNI POST, THRISSUR DISTRICT PIN 680 687 8 SURESH BABU P. T. S/O.

THAMI, POTTEKKAT HOUSE, CHENTRAPPINNI POST, THRISSUR DISTRICT PIN 680 687 9 T. K. RAJEEVAN S/O. KRISHNAN, THASHNATH HOUSE, KANNAMPULLIPURAM, CHENTRAPPINNI POST, THRISSUR DISTRICT PIN 680 687 10 RAJ KUMAR KARUVATHIL S/O. KRISHNAKUMAR, KARUVATHIL HOUSE, WPC 23898/2020 -2- PERINJANAM POST, THRISSUR DISTRICT PIN 680 686 BY ADVS. SRI. P. VIJAYA BHANU (SR. ) SRI. AJEESH K. SASI SHRI. ABEL TOM BENNY SMT. KIRAN ANTONY OTHER PRESENT: GP SRI. RIYAL DEVASSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23. 07. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 23898/2020 -3- JUDGMENT rd (Dated this the 23 day of July 2024) The writ petition is filed for a direction to respondents 2 to 4 to provide adequate, necessary and sufficient protection to the life of the petitioner from respondents 5 to 10. 2. According to the petitioner, respondent Nos.

5 to 10 are some of the office bearers of the Sree Narayana Educational and Cultural Trust, a Society, elected during the Annual General Body Meeting (AGM) held on 9. 12. 2018. The petitioner was elected as General Secretary unopposed. In the AGM of Society convened on 15. 12. 19, allegations were raised by some of the office bearers of the society. When the meeting became disorderly and it was agreed to convene another meeting and to discuss the allegations. In the subsequent meeting of Executive Committee, respondent Nos. 5 to 10 tried to oppose the petitioner to record the minutes of AGM held 15. 12. 2019. Respondent Nos. 5 to 10 threatened the petitioner and demanded the petitioner to sign some papers. When the petitioner refused to do so, they threatened him again.

In such circumstance, WPC 23898/2020 -4-th the petitioner submitted a complaint before the 4 respondent to take appropriate action and since, no action was taken, the petitioner has approached this Court seeking police protection. 3. Notice has been served on respondents 5 to 10, and a counter affidavit is filed by respondents 5,6,7,9 and 10, denying the averments in the petition. 4. On 06. 11. 2020, an interim order was passed by this Court th directing the 4 respondent to ensure that law and order is maintained. The interim order was passed at the time when the petitioner was the office bearer of the Society. Now 4 years have been elapsed after interim order is passed. Therefore, this Writ Petition is closed with liberty to the petitioner to move the Police Authorities, if the petitioner is still an office bearer of the society and there is threat from respondent Nos. 5 to 10.

Sd/- BASANT BALAJI JUDGE JS WPC 23898/2020 -5- APPENDIX OF WP(C) 23898/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE COMPLAINT DATED 1. 11. 2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE RECEIPT DATED 1. 11. 2020 ISSUED BY THE 4TH RESPONDENT

Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.