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Kerala High Court

M.R.Shaji Alias Shajimon vs T.V.Rajan on 13 November, 2019

Author: Anu Sivaraman

Bench: Anu Sivaraman

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

WEDNESDAY, THE 13TH DAY OF NOVEMBER 2019/22ND KARTHIKA, 1941

                  WP(C).No.30022 OF 2019(C)


PETITIONER :-

            M.R.SHAJI ALIAS SHAJIMON, AGED 45 YEARS,
            S/O.RAJAN, VALLIYETTIL HOUSE, MEVELLOOR P.O.,
            VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM
            DISTRICT.

            BY ADV. SRI.P.M.ZIRAJ


RESPONDENTS :-

      1     T.V.RAJAN, AGED ABOUT 57 YEARS,
            FATHER'S NAME NOT KNOWN TO THE PETITIONER,
            PERMANENT RESIDENT AT MANAKKAL VIPEL AND NOW
            RESIDING AT THEKKINEDATH VIPEAL, MEVELLOOR P.O.,
            VELLOOR VILLAGE, VAIKOM TALUK,
            KOTTAYAM DISTRICT - 686 609.

      2     THE ADMINISTRATOR,
            VELLOOR SERVICE CO-OPERATIVE BANK LIMITED
            NO.785,
            VELOOR, KOTTAYAM - 686 609.

      3     SUB INSPECTOR OF POLICE,
            VELLOOR POLICE STATION,
            KOTTAYAM DISTRICT - 686 609.

      4     DEPUTY SUPERINTENDENT OF POLICE,
            VAIKOM, KOTTAYAM DISTRICT - 686 141.

      5     DISTRICT POLICE CHIEF,
            KOTTAYAM DISTRICT - 686 001.

            BY SRI.P.P. THAJUDEEN, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.11.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.30022 OF 2019(C)

                              -: 2 :-




                            JUDGMENT

This writ petition is filed seeking a direction to respondents 3 to 5 to afford proper and adequate police protection to the life of the petitioner and other members of the Society to cast their votes in the election to the Velloor Service Co-operative Bank to be held on 10.11.2019. This Court, as per order dated 7.11.2019 directed the 3rd respondent to ensure law and order at the venue of election.

2. The learned Government Pleader, on instructions, submits that fifty police personnel had been deployed at the site of the election and that the election had been conducted without any incident.

3. However, the learned counsel for the petitioner submits that there was an incident on the day before the election, i.e., on 9.11.2019 and that the petitioner had filed criminal complaint with regard to the same.

In view of the fact that election had been conducted smoothly, I am of the opinion that nothing survives to be considered in this writ petition. The writ petition is accordingly WP(C).No.30022 OF 2019(C) -: 3 :- closed, leaving open the contentions of the petitioner to be considered in appropriate proceedings.

Sd/-

ANU SIVARAMAN JUDGE Jvt/15.11.2019 WP(C).No.30022 OF 2019(C) -: 4 :- APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ELECTION NOTIFICATION DATED 20.09.2019.

EXHIBIT P2 TRUE COPY OF RELEVANT PAGES OF FINAL VOTERS LIST CONTAINING THE NAME AND MEMBERSHIP NUMBERS OF THE PETITIONER ALONG WITH THE FIRST PAGE OF FINAL VOTERS LIST.

EXHIBIT P3 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEORE THE THIRD RESPONDENT DATED 22.10.2019.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DTD 28.10.2019 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE FIFTH RESPONDENT DATED 28.10.2019.

EXHIBIT P6 TRUE COPY OF THE RECEIPT DATED 22.10.2019 ISSUED BY THE THIRD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE POSTAL RECEIPT DATED 29.10.2019 WHICH PROVES THE SERVICE OF COMPLAINT TO RESPONDENT NO.FOUR. EXHIBIT P8 TRUE COPY OF THE POSTAL RECEIPT DATED 29.10.2019 WHICH PROVES THE SERVICE OF COMPLAINT TO RESPONDENT NO.FIVE. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE