IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33939 of 2009(J) -------------------------- PETITIONER: --------------- O.E.KUMARAN, OLARICKAL, KIZHATHADIYOOR SECRETARY ANANDA SHANMUGHA KSHETHRA YOGAM EDAPPADY, KOTTAYAM DISTRICT BY ADV. SRI.V.K.SUNIL RESPONDENTS: --------------- 1. REVENUE DIVISIONAL OFFICER, PALA 2. SUPERINTENDENT OF POLICE, KOTTAYAM 3. STATION HOUSE OFFICER, POLICE STATION, PALA GP MR.T.K.VIPIN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. ------------------------------------------------------------------ WP(C) No.33939 of 2009-J ------------------------------------------------------------------ Dated 25th November 2009 Judgment Balakrishnan Nair, J. The petitioner claims, he is the Secretary of Ananda Shanmugha Kshethra Yogam. The election to the said Kshethra Yogam is scheduled to be held on 29.11.2009. The petitioner apprehends that miscreants may cause obstruction to the smooth holding of the election. So, he has preferred Ext.P2 representation before the R.D.O., Pala and Ext.P3 representation before the District Superintendent of Police, Kottayam, seeking necessary protection for the smooth conduct of the election to be held on 29.11.2009. 2. Normally, nobody is interested in the holding of an election to a Kshethra Yogam. Only the members of the Yogam concerned, will have interest in it and they alone will cause obstruction, if any, to the holding of the election. That means, there is some dispute between the members of the Kshethra Yogam. If there is any dispute among the members and any obstruction is apprehended, the remedy of the petitioner is to move the competent Civil Court. The Police cannot be asked to meddle in such disputes. But, if there is any law and WP(C) No.33939/09 2 order problem, needless to say, it is for the Police to decide, what action should be taken in the given circumstances. If this Court issues some direction, the Police may act like “a bull in a China shop” in relation to the election to the Kshethra Yogam and the blame will be on this Court. We think, it is not proper for this Court to entertain this Writ Petition and issue any direction to the Police. Accordingly, the Writ Petition is dismissed. But, this will not affect the powers of the Police to act in accordance with law, if any law and order problem arises in connection with the election to be held on 29.11.2009 to the above said Kshethra Yogam. K.BALAKRISHNAN NAIR, JUDGE P.BHAVADASAN, JUDGE sta WP(C) No.33939/09 3