IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 WP(C).No. 31621 of 2010(C) -------------------------- PETITIONER(S): --------------- 1. ABOOBACKER.K.A., S/O. ABDULLA, R/AT KUNIYA POST, POST KUNIYA, PERIYA VILLAGE, KASARAGOD DISTRICT-671316. 2. SHARAFUDEEN.K.M. S/O. K.MOIDU, R/AT KANATHIL HOUSE, KUNIYA, POST KUNIYA PERIYA VILLAGE, KASARAGOD DISTRICT-671316. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- 1. DISTRICT COLLECTOR, KASARAGOD-680602. 2. DISTRICT MEDICAL OFFICER, AYURVEDA, KASARAGOD-680602. 3. SUPERINTENDENT OF POLICE, KASARAGOD-680602. 4. SUB INSPECTOR OF POLICE, BEKAL, KASARAGOD DISTRICT-680605. 5. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM-695001. 6. SHERIF MOHAMMED, S/O. MUHAMMED, R/AT ADUKAM, KUNIYA.P.O., PERIYA VILLAGE, KASARAGOD DIST-671316. R1 TO R5 BY GOVT. PLEADER SRI.SHYSON.P.MANGUZHA. R6 BY ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31621 of 2010(C) APPENDIX PETITIONERS EXHIBITS :- EXT.P1 : TRUE COPY OF THE REPRESENTATION DATED 02-08-2010 BEFORE THE 2ND RESPONDENT BY THE PETITIONERS. EXT.P2 : TRUE COPY OF THE REPRESENTATION DATED 31-07-2010 BEFORE THE GOVERNMENT BY THE PETITIONERS. EXT.P3 : TRUE COPY OF THE REPRESENTATION DATED 29-07-2010 BY THE JAMA-ATH BEFORE THE SUB INSPECTOR OF POLICE, BEKAL POLICE. EXT.P4 : TRUE COPY OF THE FIR FILED BEFORE THE JFCM, HOSDURG IN CRIME NO.669/10 DATED 24-09-2010. EXT.P5 : TRUE COPY OF THE PROTEST COMPLAINT BEFORE JFCM HOSDURG DATED 28-09-2010. EXT.P6 : TRUE COPY OF THE CARAVAN DAILY DATED 18-07-2010. EXT.P6(a): TRUE COPY OF THE CARAVAN DAILY DATED 28-07-2010. EXT.P6(b): TRUE COPY OF THE CARAVAN DAILY DATED 05-08-2010. EXT.P6(c): TRUE COPY OF THE LATEST DAILY DATED 14-08-2010. EXT.P6(d): TRUE COPY OF THE CARAVAN DAILY DATED 18-07-2010 EXT.P6(e): TRUE COPY OF THE CARAVAN DAILY DATED 18-07-2010. EXT.P7 : TRUE COPY OF THE PRESCRIPTION ISSUED BY THE 6TH RESPONDENT FOR DISPENSING MEDICINE TO ONE OF HIS CLIENTS. EXT.P8 : TRUE COPY OF THE NOTICE CONVENING A MEETING AT 5TH RESPONDENTS RESIDENCE ON 14-10-2010. EXT.P9 : TRUE COPY OF THE G.O.(P) NO.9/2002 DATED 16-01-2002 BY THE GOVERNMENT. RESPONDENTS EXHIBITS :- EXT.R1(a): LR.NO.41493/10/P2 DATED 27-08-2020 OF DISTRICT COLLECTOR, KASARAGOD. EXT.R1(b): REPORT DATED 18-05-2011 OF RDO, KASARAGOD AT KANHANGAD TO THE DISTRICT COLLECTOR, KASARAGOD. EXT.R1(c): LR.NO.D1 59375/2010 DATED 04-06-2011 OF DISTRICT COLLECTOR, KASARAGOD. //TRUE COPY // P.A TO JUDGE amk. ANTONY DOMINIC, J. ================ W.P.(C) NO. 31621 OF 2010 ===================== Dated this the 13th day of October, 2011 J U D G M E N T According to the petitioners, the 6th respondent is running an unauthorised psychic treatment and spiritual center dispensing medicines as well as conducting prayers at his residence. It is stated that the activities of the 6th respondent are against the provisions contained in Ext.P9, the manual of guidelines issued by the Government of Kerala to prevent and control communal disturbances and to promote communal harmony. It is stated that, complaining the activities of the 6th respondent, representations were filed to the authorities. There was no response and that led the petitioners to file this writ petition calling for appropriate action in the matter. 2. 1st respondent has filed a counter affidavit. According to the 1st respondent, 2nd respondent inspected the residence of the 6th respondent on 4/8/2010 and it was reported that there was no stock of any ayurvedic medicine at the residence of the 6th respondent. It is also stated that however the Revenue Divisional Officer has reported that the 6th respondent is giving psychic WPC No. 31621/10 :2 : treatment in his spiritual center. Proceeding further, in para 6 of the counter affidavit, it is stated that petitions received from the petitioners have been forwarded to the District Medical OFficer (ISM), Superintendent of Police and Revenue Divisional Officer and the DMO has reported that no activities as alleged by the petitioners were found. It is further stated that, according to the respondents, the activities of the 6th respondent cannot give rise to any communal disturbance. 3. The 6th respondent has also filed a counter affidavit where he has denied the allegations in the writ petition. According to him, he is only propagating religion to the persons who voluntarily come to him and he does not compel any person in any way to attend the prayers. It is held that prayers are held peacefully without causing any disturbance to any person in the locality. 4. While it is the case of the petitioners that the activities carried on by the 6th respondent are against the terms of Ext.P9 guidelines referred to above, the materials now available before this Court are insufficient to come to a finding in favour of the petitioners. WPC No. 31621/10 :3 : 5. Be that as it may, nobody has any right to carry on any activities illegally and it is the duty of the official respondents to keep constant vigilance on the activities of the 6th respondent and to take appropriate action in the event any activities conducted by the 6th respondent are against the provisions of Ext.P9 or the provisions of any statutory enactment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp