IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 38263 of 2007(E) -------------------------- PETITIONERS: ---------------- 1. REV. FR.ABRAHAM, AGED 80 YEARS, S/O.ELIAS KATHANAR, VALAYIL HOUSE, PERINGOL KARA, AIKKARANADU SOUTH VILLAGE. 2. K.I. ISSAC, S/O.K.P.IYPE, AGED 48 YEARS, KAVIKUNNEL HOUSE, KUNNAKKAL. BY ADV. SRI.BIJU ABRAHAM SRI.B.G.BHASKAR RESPONDENTS: ----------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, (MR.SUDHEESH), OFFICE OF HE DEPUTY SUPERINTENDENT, MUVATTUPUZHA. 2. THE SUB DIVISIONAL MAGISTRATE, OFFICE OF THE SUB DIVISSIONAL MAGISTRATE, MUVATTUPUZHA 3. KURUVILA MATHAI KATHANAR, AGED ABOUT 80 YEARS, S/O.KURUVILA, ELANGANAMATTATHIL HOUSE, MAZHUVANNOOR VILLAGE, KUNNATHUNAD TALUK. 4. THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA. 5. THE CIRCLE INSPECTOR OF POLICE,MUVATTUPUZHA. R3 BY ADV. SRI.K.J.KURIACHAN R1,2,4 & 5 BY GOVT. PLEADER SHRI.SALIM P.A. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 38263/07 Appendix Petitioners' Exts: Ext.P1 A true copy of the decree in OS 35/77 on the files of 1st Addl. District Court, Ernakulam. Ext.P2 A true copy of the order dated in IA 4584/2006 in AS 86/1998 dated 21.12.2006 of this Hon'ble Court. Ext.P3 A true copy of the order dated 12.12.2007 in IA 4445/2007 in AS 86/98 of this Hon'ble Court. Ext.P4 A true copy of the representation dated 21.12.2007 of the 2nd petitioner with the order of the District Collector. Ext.P5 A true copy of the notice dated 21.12.2007 of the 2nd respondent. K.Balakrishnan Nair & P.N.Ravindran, JJ. ======================== W.P(C).No.38263 of 2007 ======================== Dated this the 2nd day of January, 2008. JUDGMENT Balakrishnan Nair,J. The petitioners approached this Court praying for the following reliefs: "A. A writ of mandamus or any other appropriate writ order or direction commanding the 1st and 2nd respondents not to interfere with the right of the petitioners to conduct the Annual Perunnal of the Church from 29.12.2007 to 01.01.2008. B. A writ of mandamus or any other appropriate writ order or direction commanding the 4th and 5th respondents to maintain law and order preventing all obstructions by the third respondent and his group against the conduct of the festival by the petitioners and their group. C. Any other appropriate writ order or direction as this Hon'ble Court deem fit and proper on the facts and in the circumstances of the case and allow this writ petition with cost, for the ends of justice." WP(C) 38263/07 -: 2 :- This Court passed an interim order on 28.12.2007 to maintain law and order. Since the period of the festival is over, this Writ Petition has become infructuous. The petitioners submit that notwithstanding the order of this Court, the police harassed them and therefore, they want to amend the Writ Petition. This Writ Petition is filed seeking reliefs for a particular festival. So this Writ Petition has become infructuous once the festival is over. If there is any subsequent developments, they can file a fresh Writ Petition. 2. Accordingly, this Writ Petition is closed without prejudice to the contentions of the petitioners and their right to file fresh Writ Petition, if so advised, based on the subsequent cause of action. We also notice that the learned Government Pleader is denying the allegations of the petitioners that the police have harassed them. K.Balakrishnan Nair, Judge. P.N.Ravindran, Judge. ess 2/1