(1.) The point that arises for decision in this Writ Petition is whether a person, who is appointed to the office of an organisation is entitled to get police protection to assume charge of that office and to administer the organisation. In several cases concerning trusts, wakfs, jama - aths and other social organisations, when their administration by the official group is obstructed by the dissidents, Writ Petitions are filed before this Court, praying for a direction to the police to render assistance for administering them and to ward off the obstruction caused by the rivals. In such cases, to buttress the argument for protection, a plea will, normally, be raised that the life of the petitioners is in danger. If the petitioners remain home or go around attending to their normal business, there will be no threat to their life. The alleged threat emanates only when they attempt to administer the trust or the organisation concerned. This Writ Petition is one of such cases, though the petitioners have not shown the ingenuity to raise the plea of danger to their life.
(2.) The brief facts of the case are the following: The first petitioner is the President of Sree Narayana Samskarika Samithy, which is a Society, registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act. The second petitioner is the Administrator of the Sree Narayana Samskarika Samithy, Kollam District Committee. The samithy has got district committees in all the 14 districts in Kerala. Those committees are constituted under R.25(c) of the bye laws of the samithy. The term of the elected executive committee of a district is one year from the date of taking charge by the committee.
(3.) The petitioners submit that the President and the Secretary of the District Committee of Kollam were ineligible to hold those offices when they were elected in 2005. Their term of one year expired in May 2006. But, they were continuing in office without holding the election. Therefore, the State Committee of the Samithy, by Ext. P1 proceedings dated 17/12/2007, dissolved the Kollam District Committee and appointed Shri. P. V. Sasidharan as the Administrator for the said district. But, because of the obstruction caused by respondents 4 to 7, who are the superseded office bearers of the district committee, he could not assume office. Therefore, the Slate committee, which met on 03/02/2008, by Ext. P2 proceedings, appointed the second petitioner as the Administrator of the district committee in the place of the said Shri. P. V. Sasidharan. When the said petitioner went to the office of the district committee on 11/02/2008 to take charge, the aforementioned respondents caused obstruction and threatened him. So, he could not assume charge. Therefore, he filed Ext. P3 representation before the Deputy Superintendent of Police, Kollam, claiming protection to assume charge of office of the Administrator of the Kollam District Committee. The protection was sought, pointing out the threat from the part of the party respondents against the assumption of charge by him. Since the police did not extend any helping hand, this Writ Petition was filed, seeking the following reliefs: