IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17923 of 2008(H)
1. KURIAKOSE PALAKUZHIYIL AND OTHERS
... Petitioner
Vs
1. SUPERINTENDENT OF POLICE, KANNUR & OTHRS
... Respondent
For Petitioner :SRI.GEORGE MECHERIL
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :26/06/2008
O R D E R
K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ
==============================
W.P.(C)NO. 17923 OF 2008
============================
DATED THIS THE 26th day of June 2008
JUDGMENT
Balakrishnan Nair,J.
When the writ petition came up for admission, we directed the
learned Government Pleader to get instruction. After hearing the
learned Government Pleader, we passed the following interim order:
“The petitioners are members of the Pottanplavu
Ksheerolpadaka Sahakarana Sangham Ltd. The election
to the Managing Committee of the said society is
scheduled to be held on 20-6-2008. Some of the
petitioners are candidates for the said election. The
petitioners apprehend that a rival political group may
interfere in the election process and prevent the holding of
the election peacefully. So, they have filed Ext.P3
representation before the police, seeking necessary
protection. They apprehend that the police may not take
any effective action and if the election is disrupted, they
will be put to irreparable injury and hardship. So, they
pray for appropriate orders from this Court.
The learned Government Pleader, upon instructions,
submitted that the police have made all arrangements for
WPC.17923/2008 -2-
the smooth and peaceful conduct of the election. This
submission is recorded. If the petitioners or other
members, who are entitled to vote at the election, are
prevented from going to the polling booth, they may
inform the respondents 3 and 4. In that event, the said
respondents shall remove the obstruction. The said
officers shall also ensure that a peaceful atmosphere is
maintained around the polling booth, so that the election
proceedings can be completed without any obstruction.”
The learned counsel for the petitioners today submitted that the
police did not obey the directions issued by this Court. If that be so,
the petitioners may work out their remedies against the respondents.
The writ petition is disposed of making the above interim order
absolute.
K. BALAKRISHNAN NAIR,
JUDGE
M.C. HARI RANI
ks. JUDGE