IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929 WP(C).No. 2305 of 2008(Y) ------------------------------------- PETITIONER: ------------------- SREE NARAYANA GURU SMARAKA BHAJANA MADOM, CHULLIYOD P.O., WAYANAD DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.M.P.ASHOK KUMAR, SRI.P.C.GOPINATH. RESPONDENTS: ------------------------ 1. THE VILLAGE OFFICER, NENMENI VILLAGE OFFICE, WAYANAD DISTRICT. 2. THE DISTRICT COLLECTOR, KALPETTA, WAYANAD DISTRICT. 3. THE SUPERINTENDENT OF POLICE, WAYANAD DISTRICT. BY GOVT. PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.2305/2008-Y: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE CERTIFICATE OF REGISTRATION DTD. 12/12/1990. EXT.P.2: COPY OF THE PLAINT IN O.S. 214/07. EXT.P.3: COPY OF THE INJUNCTION ORDER IN I.A. 911/07 IN O.S. 214/07 DTD. 15/10/2007. EXT.P.4: COPY OF THE SEIZURE MAHAZAR PREPARED BY THE VILLAGE OFFICER, NENMENI DTD. 08/11/2007. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) No. 2305 OF 2008 Y = = = = = = = = = = = = = = = = Dated this the 25th February, 2008 J U D G M E N T The challenge in this writ petition is against taking over of Sree Narayana Guru Smaraka Bhajanamadam. Petitioner seeks a direction to the respondents to hand over possession of the Bhajanamadam to the petitioner for performing religious rites. According to the petitioner, the Bhajanamadam is independent of SNDP and certain persons had interfered with the functioning of the Bhajanamadam when they approached the civil court and obtained Ext. P3 order of injunction. It is stated that thereafter some strangers had created trouble and the police intervened in the matter. According to them, without any rhyme or reason the 1st respondent took over the Bhajanamadam by Ext. P4 dated 8.11.2007 and it is in this background the writ petition has been filed praying for directions to hand over the Bhajanamadam to the petitioner. W.P.(C) No. 2305 OF 2008 -2- 2. Govt. Pleader got instructions in the matter and submits that since there was apprehended breach of peace on the basis of the report of the police, the 2nd respondent initiated proceedings under Section 145(1) of Cr.P.C. which is numbered as MC 61/07. According to him, it is on that basis the Bhajanamadam was taken over. It is stated that notice has been issued to all parties and the District Collector will finalise the proceedings in accordance with law after hearing all concerned. 3. From the above facts that has been disclosed before me, it is evident that the taking over of the Bhajanamadam was necessitated on account of the apprehension regarding breach of peace. If the statutory authority was satisfied that the existing circumstances justified initiation of proceedings under Section 145 Cr.P.C., this Court will not be justified in interfering with the matter before its finalisation. 4. Therefore, I dispose of this writ petition itself directing that the petitioner shall appear before the 2nd respondent and show cause against the proceedings that are initiated by the 2nd respondent. It is directed that the 2nd respondent shall finalise the W.P.(C) No. 2305 OF 2008 -3- proceedings with notice to all concerned as expeditiously as possible. ANTONY DOMINIC JUDGE jan/-