Give N Take World Association Of Members Empowerment Society Vs

P.V.Kunhikrishnan, J

The above writ petition is filed with following prayers:

(i) To issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1 to 3 to afford sufficient protection for the function “Study Class and Distribution of Wheel Chairs” scheduled to be held on 26.1.2023 by the petitioner society.

(ii) To grant such other writ, order or direction which this Hon'ble Court deems it fit in the circumstances of this case.” [SIC]

The petitioner claims that, it is a registered society under the Societies Act 1860. It is also the case of the petitioner that the society conducted many awareness programmes in Angamaly, Thrissur, Kasargode and other stations. It is also the case of the petitioner that the 4th respondent obstructed the seminars, awareness programmes and distribution of books and study materials for the needy students of the public conducted by the petitioner-Society on 18.12.2022 at Cherkkala, Kasargode. The petitioner-Society filed a complaint before the 3rd respondent on 12.1.2023 and the petitioner-Society filed complaint before the 1st and 2nd respondents also. But, there is no action. Now, study class and distribution of wheel chairs are scheduled on 26.1.2023 by the petitioner-Society. The petitioner apprehend obstruction from the 4th respondent. Hence, this writ petition.

Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the counsel appearing for the 4th respondent.

The counsel for the petitioner reiterated the contentions raised in this writ petition. The counsel appearing for the 4th respondent submitted that the petitioner -Society is conducting illegal money chain business and therefore, the public is protesting. The counsel submitted that if this Court direct the Police to give protection that will give a seal to the petitioner-Society. The Government Pleader submitted that if there is any law and order problem, the Police will do the needful in accordance to law.

This Court considered the contentions of the petitioner and the respondents. The only prayer in this writ petition is to give police protection to the study class and distribution of wheel chairs scheduled to be held on 26.1.2023. The counsel for the 4th respondent submitted that there is no intention on the part of the 4th respondent to obstruct the same, but contended that the petitioner is doing illegal money chain business. If there is any such information to the Police, the Police is free to take appropriate action in accordance to law. The 4th respondent is free to produce the materials before respondent Nos. 2 and 3 and if there is any illegal business conducted by the petitioner, the respondents 2 and 3 are free to take appropriate action in accordance to law. But the respondent Nos. 2 and 3 will see that there is no law and order problem on 26.1.2023.

Therefore,  this  writ  petition  is  disposed  of  with  the following directions :

1) The respondent Nos. 2 and 3 will see that there is no law and order problem on 26.1.2023 on which date the petitioner claims that he is conducting a study class and distribution of wheel chairs. I make it clear that this Court is not ratifying the activities of the petitioner and if there is any illegal activity from the side of the petitioner, the respondent Nos. 1 to 3 are free to take appropriate action in accordance to law.

2) The 4th respondent is free to produce the materials if any, before respondent Nos. 1 to 3 against the petitioner's business and if such materials are received and found that further probe is necessary, respondent Nos. 1 to 3 are free to proceed in accordance to law.