IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 20462 of 2011(G) -------------------------- PETITIONER(S): --------------- LODGE ALLEPPEY NO.275, NEROTH MATHEW AND JOSEPH - MASONIC HALL, BEACH MAIN ROAD, THUMPOLI, ALLEPPEY - 688 007, REPRESENTED BY ITS SECRETARY, N.C.J.RAJAN, N.C.JOHN & SONS PVT. LTD, VAZHICHERRY, ALLEPPEY - 11. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMAR SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.RAMYA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001 2. SUPERINTENDENT OF POLICE, ALAPPUZHA. PIN - 688 001. 3. DEPUTY SUPERINTENDENT OF POLICE, ALAPPUZHA POLICE STATION, PIN - 688 001. 4. CIRCLE INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA PIN - 688 007. 5. SUB INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA PIN - 688 007. 6. REV.FR.SEBASTIAN ANOUG, VICAR, ST.THOMAS CHURCH, THUMPOLI, ALAPPUZHA - 8. WP(C).No. 20462 of 2011(G) 7. REV.FR.THOMAS CHIRAYIL, ASSISTANT VICAR, ST.THOMAS CHURCH, THUMPOLI, ALAPPUZHA - 8. 8. OUSEPPACHAN, PRINCIPAL, CHRIST COLLEGE & ENTRANCE COACHING CENTRE, THUMPOLI, ALAPPUZHA - 8. 9. SIXTUS P.S., PALLIKKATHYIL, THUMPOLI, ALAPPUZHA - 8. 10. BIJU, SHEEBA MEDICALS, ARAKKAL HOUSE, THUMPOLI, ALAPPUZHA - 8. 11. A.Y.MICHAEL, ALAKKATTUSSERIL, THUMPOLI, ALAPPUZHA - 8. SMT. C.M. CHARISMA - GOVERNMENT PLEADER FOR R4 THIS WRIT PETITION (CIVIL) HAVE COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20462 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE NEWS PAPER CLIPPING DATED 12.2.2011. EXT.P2 COPY OF THE LIST OF MEMBERS. EXT.P3 COPY OF THE BASIC TAX RECEIPT. EXT.P4 COPY OF THE PROPERTY TAX RECEIPT. EXT.P5 COPY OF THE INTIMATION DATED 22.9.2010. EXT.P6 COPY OF THE EXPLANATION DTD NIL. EXT.P7 COPY OF THE LETTER DATED 29.9.2010. EXT.P8 COPY OF THE REPLY DATED 5.10.2010. EXT.P9 COPY OF THE NEWSPAPER CLIPPING DATED 15.09.2010. EXT.P9(a) COPY OF THE NEWSPAPER CLIPPING DATED 15.9.2010. EXT.P9(b) COPY OF THE NEWSPAPER CLIPPING DATED 15.9.2010. /TRUE COPY/ P.S. TO JUDGE. cl PIUS C. KURIAKOSE & C.K. ABDUL REHIM, JJ. ........................................... W.P.(C).NO.20462 OF 2011 ............................................. Dated this the 22nd day of August, 2011. JUDGMENT Pius C. Kuriakose, J: This writ petition under Article 226 has been filed by an organization by name Lodge Alleppey No.275. This organization claims that it is promoting free masonry and it is one of the world's oldest secular and fraternal societies. The allegation is that respondents 2 to 5, the officers of the police, are acting to the tunes of respondent Nos. 6 to 11. Respondents 6 and 7 are Vicar and Assistant Vicar respectively of St. Thomas Church, Thumpoli. They are harassing the members of the petitioner organization on a baseless allegation that they were involved in the theft of Holy Communion from St. Thomas Church, Thompoli. As directed by us, the 4th respondent has filed a detailed statement on 19.8.2011 which is quoted as below: “There exists no law and order situation in the said area with regard to the functioning of the above said Lodge in these days. There is W.P.(C).NO.20462 OF 2011 : 2 : no complaint pending in Stations within this office regard to the functioning of the said Lodge. To the best of my knowledge and enquiry conducted by me, it is understood that the functioning of the Lodge goes smoothly without any hindrance from any corner of the public. Hence Police Protection is not at all necessary for the smooth functioning of the above said Lodge. If any genuine threat is brought to the notice of the police, necessary action would be taken to ensure the protection of the property and life of the petitioner and members”. 2. We feel, in view of the stand taken by the 4th respondent, the local Circle Inspector, regarding the credibility and credentials of the petitioner's organization, the petitioner need not have any apprehension regarding any police harassment. We dispose of this writ petition directing respondents 4 and 5 to keep vigil and to ensure that no law and order situation arises on account of the antipathy between the petitioner and party respondents. The writ petition is disposed of accordingly. Sd/= PIUS C. KURIAKOSE, JUDGE. Sd/= C.K. ABDUL REHIM, JUDGE. cl