IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 17091 of 2011(S) -------------------------- PETITIONER: -------------- FR.JOY KOOTHUR,VICAR,ST.MARY'S CHURCH, ARATTUPUZHA,PALLISSERY.P.O,THRISSUR. BY ADV. SRI.ABRAHAM THOMAS (PUTHURAN) RESPONDENTS: ----------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,HOME DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR GENERAL OF POLICE,POLICE HEADQUARTERS,THIRUVANANTHAPURAM-695001. 3. THE DISTRICT COLLECTOR,THRISSUR-680001. 4. THE CITY POLICE COMMISSIONER, THRISSUR-680001. 5. THE DISTRICT SUPERINTENDENT OF POLICE (RURAL),THRISSUR-680001. 6. ARATTUPUZHA DEVASAMGAMABHOOMI SAMRAKSHANA SAMITHI,HINDU AIKYAVEDI,THRISSUR DISTRICT COMMITTEE,THRISSUR REPRESENED BY ITS PRESIDENT ADV.RAMESH KOOTTALA, PATTAMALI ROAD, IRINJALAKUDA-680121. R1 TO R5 BY SENIOR GOVT. PLEADER, SRI.BENNY GERVACIS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17091 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE PRINTED BIT NOTICE DATED 6.6.2011 ISSUEDBY THE 5TH RESPONDENT. EXT.P2 : TRUE COPY OF THE RESOLUTION PASSED BY THE VALLACHIRA GRAMA PANCHAYAT DATED 28.04.2008. EXT.P2 (A) : TRUE COPY OF THE INFORMATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT FROM THE SECRETARUY, VALLACHIRA GRAMA PANCHAYAT. EXT.P3 : TRUE COPY OF THE NOTICE DATED 2.6.2010 PUBLISHED IN THE NAME OF THE 5TH RESPONDENT. EXT.P4 : TRUE COPY OF THE JUDGMENT DATED 4.8.2010 OF THIS HON'BLE COURT IN WP(C) NO.22375/2010. EXT.P5 : TRUE COPY OF THE REPRESENTATION DATED 30.8.2010 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2. EXT.P5(A) : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.3. EXT.P5(B) : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT Nos.4 AND 5. /TRUE COPY/ PA TO JUDGE J.Chelameswar, C.J. & P.R. Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17091 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2011 JUDGMENT J.Chelameswar, C.J. The writ petition is filed with the prayers as follows: “i) To issue a writ of mandamus or any other appropriate writ or order directing respondent Nos.3 to 5 to restrain respondent No.6 from conducting the convention at Pushpanjali Hall, Paramekkavu, Thrissur on Sunday, 26.06.2011 at 4.00 P.M. as proposed by Ext.P1 notice, as it would lead to communal disharmony and religious intolerance; ii) To issue a writ of mandamus or any other appropriate writ or order directing respondents 2 to 5 to consider Ext.P5 series complaints and after conducting enquiry, to submit a report before this Hon'ble Court within a time frame as may be fixed by this Hon'ble Court. iii) To issue a writ of mandamus or any other appropriate writ or order directing respondents 2 to 5 to enquire and find out the origin of Ext.P1 and similar bit notices and posters and take action as provided by law; and iv) To grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” WP(C) No. 17091 of 2011 -:2:- 2. 6th respondent is an absolutely private body proposing to hold a convention on 26.06.2011 at 4. p.m. at Paramekkavu Puspanjali Hall. The allegation in the writ petition is that the said convention is likely to create communal disharmony and therefore the instant writ petition seeking a direction to respondents 3 to 5 (the officers of the District Administration, Thrissur) to restrain the 6th respondent from conducting the convention. 3. We are of the opinion that such a question is pre-eminently a matter for the assessment of the State. This Court, more particularly in exercise of the jurisdiction under Article 226, is least suited for the kind of enquiry, that it is called upon to make. 4. In the circumstances, we do not see any reason to entertain the writ petition. The writ petition is dismissed at the admission stage. It is open to respondents 3 to 5 to examine the possibility of any communal disharmony that is said to be WP(C) No. 17091 of 2011 -:3:- likely to arise pursuant to the convention and take such appropriate remedial measures for the maintenance of law and order. J.Chelameswar, Chief Justice. P.R. Ramachandra Menon, Judge. ttb