Aikyam Resident�s Association Rep. By Its Secretary vs Commissioner Of Police

N.Nagaresh, j

The petitioner is a Residents’ Association of Vaduthala, Kochi. The petitioner is before this Court seeking police protection to conduct its General Body Meeting scheduled to be held on 26.03.2023.

The petitioner states that the General Body Meeting to the Residents’ Association is due. A General Body Meeting was proposed to be held on 11.12.2022. The 3rd respondent and persons claiming under him came and forcibly obstructed the General Body Meeting. Anticipating the obstructions, the petitioner had filed Ext.P2 complaint on 10.12.2022 to the Station House Officer, Kasaba Police Station. However, due to insufficient police deployment, the General Body Meeting could not be conducted. In fact, taking into consideration the situation, the police required the petitioner not to conduct the General Body Meeting, states the counsel for the petitioner.

The petitioner states that now the General Body Meeting is scheduled to be held on 26.03.2023. The petitioner has submitted Ext.P7 complaint and requested respondents 1 and 2 to deploy sufficient number of policemen and protect the members of the Association during the General Body Meeting. The petitioner apprehends that the 3rd respondent and others would obstruct the conduct of the General Body Meeting on 26.03.2023.

I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 and 2. In view of the nature of the relief to be granted to the petitioner, notice to the 3rd respondent is dispensed with.

Going through the pleadings and arguments, it is seen that the dispute is between the members of a Residents’ Association. The pleadings would also show that there were complaints regarding obstruction to the General Body Meeting when it was originally scheduled to be held on 11.12.2022. In the circumstances, it would be only just and proper that if a request is received, the 2nd respondent gives adequate police protection for the smooth conduct of the General Body Meeting to the petitioner-Residents’ Association.

In the circumstances, the writ petition is disposed of directing the 2nd respondent to make necessary enquiries on Ext.P7 and deploy sufficient number of police to the petitioner-Residents’ Association for the smooth conduct of the General Body Meeting scheduled to be held on 26.03.2023, in order to maintain law and order. It is made clear that this judgment shall not be treated as one declaring the legality or regularity of the meeting of the Association.