Manjula Chellur,CJ
Petitioners, claiming to be the members of Paravur Town Merchants Association, a society registered under the Travancore-Cochin Literary Scientific and Charitable Societies Registration Act, are before this Court seeking following reliefs:-
“i. Issue a writ of mandamus or any other appropriate writ or direction to respondents 1 and 2 to provide effective and adequate protection to the petitioners for presenting Exhibit P3 and P4 appeals before the Annual General Body Meeting of Paravur Town Merchant's Association to be held on 25.06.2014 without any obstruction from respondents 3 and 4 and their men;
ii. Issue a writ of mandamus or any other appropriate writ or direction to respondents 1 and 2 to provide effective and adequate protection to the petitioners for peaceful conduct of their businesses in their shop rooms in Vyapara Bhavan Shopping Complex without any obstruction from respondents 3 and 4 and their men;
iii. Pass such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice.
2. According to them, they have been suspended from the membership of Association by respondents 3 and 4 in accordance with the alleged bye laws. Notice was issued by 4th respondent as per Ext.P2. Exts.P3 and P4 are appeals filed by petitioners against the decision of suspension. Appeals are to be considered in the Annual General Body Meeting of the Association to be held on 25.06.2014. Petitioners' claim is that, they have already presented their appeals on 19.06.2014 and according to them, respondents 3 and 4 have threatened to prevent them from presenting their appeals and threatened them with dire consequences, if they were to be present in person at the time of Annual General Body Meeting. Annual General Body Meeting is scheduled to be held in the building where petitioners' shops are in existence, therefore they seek police protection against the proposed action of respondents 3 and 4. If at all appeals are to be considered in the Annual General Body Meeting of the Association to be conducted today, they would be disposed of.
3. Petitioners have not brought to our notice that they must be present in person to present appeals as per any statute or procedure. As Annual General Body Meeting would be attended by all members concerned, we also expect police to be present normally at the time of Annual General Body Meeting, if there is any request from the concerned Association. Several members of the Association were to take part in the Annual General Body Meeting. We fail to understand how these petitioners would be physically prevented from appearing before the Annual General Body Meeting to be held on 25.06.2014. Even if Annual General Body Meeting is conducted and appeals are disposed of in the absence of petitioners, it is always open to them to challenge the said decision in accordance with the procedure contemplated.
4. We are of the opinion, the relief sought by way of writ petition under Article 226 of the Constitution of India invoking extraordinary jurisdiction cannot be extended to petitioners.
Accordingly ,this writ petition is dismissed.
MANJULA CHELLUR, CHIEF JUSTICE
P.R.RAMACHANDRA MENON,
JUDGE.
sj 25/06