IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 31978 of 2010(V) -------------------------- PETITIONER(S): --------------- T.M.MOIDUNNU HAJI,AGED 71 YEARS, S/O.MUHAMMED,THAZHATHEIL HOUSE, PPERUMPILAVU VILLAGE,DESOM PO, PERUMPILAVU, THALAPPILLY TALUK,THRISSUR DISTRICT,CHAIRMAN, PERUMPILAVU PALLIKULAM JAMA-ATH AUDITORIUM NIRMANA COMMITTEE,PERUMPILAVU,THRISSUR DISTRICT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): --------------- 1. SUPERINTENDENT OF POLICE,THRISSUR, COLLECTORATE,AYYANTHOLE,THRISSUR.680001 2. DEPUTY SUPERINTENDENT OF POLICE, KUNNAMKULAM,THRISSUR DISTRICT.680503 3. SUB INSPECTOR OF POLICE,KUNNAMKULAM POLICE STATION,KUNNAMKULAM,THRISSUR DISTRICT.680503 4. AJMAN,AGED 40 YEARS, S/O.NALAKATHU,KUNJUMOIDU,PERUMPILAVU VILLAGE, DESOM,THALAPILLY TALUK,THRISSUR DISTRICT.680506 5. NISHAM,AGED 35 YEARS, S/O.KOIAMBATTA PEEDIKAYIL KUNJI KAMMAN, PERUMPILAVU VILLAGE,DESOM,THALAPILLY TALUK, THRISSUR DISTRICT.680506 6. FAROOK,AGED 30 YEARS, S/O.KARUPPAMVEETTIL MOIDUNNI MUSLIYAR, PERUMPILAVU VILLAGE,DESOM,THALAPILLY TALUK, THRISSUR DISTRICT.680506 7. BACKER,AGED 35 YEARS, S/O.KARUPPAMVEETTIL MOIDUNNI MUSLIYAR, PERUMPILAVU VILLAGE,DESOM,THALAPILLY TALUK, THRISSUR DISTRICT. 680506 ADV. SRI.P.RAMACHANDRAN FOR R4-7 GOVERNMENT PLEADER SRI.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC NO.31978 OF 2010 PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE MINUTES DATED.25/3/2005. EXT.P2: TRUE COPY OF THE BUILDING PERMIT ISSUED BY THE SECRETARY OF THE KADAVALOOR GRAMA PANCHAYATH. EXT.P3: TRUE COPY OF THE SANCTION ORDER ISSUED BY THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. EXT.P4: TRUE COPY OF SANCTION ORDER BEARING NO.E9.40259/09(02) DATED 20/05/2010 ISSUED BY THE DEPUTY COLLECTOR, THRISSUR TO THE PETITINER. EXT.P5: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(a): TRUE COPY OF THE COMPLAINT BY 125 RESIDENTS OF THE MAHALLU BEFORE THE PERUMPILAVU PALLIKULAM MAHALLU COMMITTEE. // True Copy// PA to Judge K.M.JOSEPH & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.C.No.31978 of 2010 ---------------------------------------- Dated this the 29th day of October 2010 J U D G M E N T K.M.JOSEPH,J The petitioner has approached this Court seeking the following relief. a) Issue a Writ of Mandamus or any appropriate writ order or direction commanding respondents 1 to 3 to provide adequate and sufficient protection to the life and safety of the petitioner and the workers, free from the threat of the respondents 4 to 7 and their henchmen. 2. Briefly put, the case of the petitioner is as follows: 3. The petitioner is the Chairman of a Committee. The Committee consists of 30 members. The Committee has obtained a permit for construction of an auditorium near the Pallikulam Juma Masjid which had decided to construct the auditorium. The respondents 4 to 7 are also members of the Pallipuram Jama-ath and they are objecting to the construction of the auditorium. Hence the petitioner has come to this Court. 4. Counter affidavit is filed by respondents 4 to 7. In the counter affidavit, it is inter alia stated that the respondents are not against the construction of the auditorium. But it should W.P.C.No.31978 of 2010 2 be ensured that the construction should be carried out with transparency and the funds are utilised only for the purpose for which it is generated. 5. We have heard the learned counsel for the petitioner, the learned counsel for the party respondents and the learned Government Pleader. The learned counsel for the party respondents submits that they are not obstructing the construction of the auditorium by the Committee. But it should be ensured that the funds generated for construction of the auditorium are properly utilised for that purpose only. It is further submitted that the account should be got audited. The learned counsel for the petitioner submits that the petitioner is also in favour of doing the construction in a transparent way and they will get the account audited and it will be handed over to the Jama-Ath for publication in the notice board. 6. We record the submissions and dispose of the writ petition. (K.M.JOSEPH, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.31978 of 2010 3 W.P.C.No.31978 of 2010 4 W.P.C.No.31978 of 2010 5 K.M.JOSEPH & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 30/082010