IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 20490 of 2009(E) -------------------------- PETITIONERS: --------------- 1. LAKSHMANAN,S/O. KUMARAN,CHAKKALAKKAL HOUSE, VADAMUKKU, MARANCHERRY P.O. MALAPPURAM DISTRICT. 2. SHIJIL V.V. S/O.PRABAKARAN, VALIYAVEETTIL HOUSE, VADAMUKKU, MARANCHERRY P.O., MALAPPURAM DISTRICT. BY ADV. SRI.JAMSHEED HAFIZ SRI.SAJU.S.A RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY. 2. THE DISTRICT COLLECTOR, MALAPPURAM. 3. SUPERINTENDENT OF POLICE,MALAPPURAM. 4. MR.ANIL, S.I. OF POLICE, MALAPPURAM. 5. MR.UNNIKRISHNAN, A.S.I. OF POLICE, PERUMPADAPP STATION, 6. KANEKKATT CHANDRAN, VADAMUKKU, MARANCHERRY P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.I.SAGEER FOR R6 GOVERNMENT PLEADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010, ALONG WITH WPC NO. 26365 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT. P1: TRUE COPY OF THE MEMBERSHIP FORUM OF THE KSHETHRA SAMITHI EXT.P2: TRUE COPY OF THE COMPLAINT FILED BEFORE THE POLICE DATED 16.4.2009. EXT.P3: TRUE OF THE COMPLAINT DATED 3.7.2009 FILED BY THE PEOPLE OF THE LOCALITY TO THE SI OF POLICE. EXT.P4: TRUE COPY OF THE COMPLAINT BFORE THE VANITHA COMMISSION DATED 3.7.2009. EXT.P5: TRUE COPY OF THE NOTICE DATED 23.6.2009 TO SI.OF POLICE, PERUMBAPADAPP. EXT.P6: TRUE COPY OF THE NOTICE DATED 23.6.2009 BEFORE THE DISTRICT COLLECTOR, MALAPPURAM EXT.P7: TRUE COPY OF THE REQUEST DATED 25.6.2009 BEFORE THE DY.S.P. OF POLICE, TIRUR. EXT.P8: TRUE COPIES OF THE RECEIPTS ISSUED FOR CONDUCTING OBLATIONS DATED 14.4.2009, 30.6.2009 AND 14.4.2009. EXT.P9: TRUE COPY OF THE NOTICE OF THE FESTIVAL 'MAKARA CHOVVA MAHOTSAV' DATED 20.1.2009. EXT.P10: TRUE COPY OF THE NOTICE DATED 15.8.2009 FOR 'VINAYAKA CHATHRUTHI'. EXT.P11: TRUE COPY OF THE RECEIPTS DATED 29.8.2009 AND 2.9.2008 FOR GANAPATY HOMAM. EXT.P12: TRUE COPY OF MARRIAGE CERTIFICATE DATED 25.9.2005 ISSUED BY THE KSHETHRA SAMITHI EXT.P13: TRUE COPY OF THE NOTICE OF THE FESTIVAL VINAYAKA CHATHURTHI DATED 3.9.2008. EXT.P14: TRUE COPY OF THE NOTICE DATED 18.2.2009 OF 'KUDUMBA SANGAMAM'. RESPONDENT'S EXHIBITS : NIL K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.20490F and 26365M of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of February, 2010 JUDGMENT Joseph J W.P.(C) No. 20490/2009 The prayers in Writ petition are as follows: a. Issue a writ of prohibition prohibiting the respondents from harassing the petitioners and other people of the locality. b. Issue a writ of prohibitory directing the respondents 4 and 5 and other policemen not to interfere with the affairs and management of the people. c. Issue a writ of mandamus directing the respondents 4 and 5 and other policemen to return the tarpole and other articles seized illegally from petitioners. d. Issue a mandamus directing the respondents to grant W.P.(C) Nos.20490 & 26365/ 2009 : 2 : permission for using mike on the evening for offering prayers. e. Issue a writ of mandamus directing the respondents 1 and 2 or direct other officers who are empowered to take stringent action against the respondents 4 and 5 on Ext.P6. 2. The brief facts in the petition is as follows: There is a public temple which is managed by a comittee called Sree Subrahmanya Swamy Kshethra Samithi. The first petitioner is the President of the Kshethra Samithi. A suit, O.S.No. 55 of 2009, was filed against members of Kannekkatt tharavadu. Respondents 4 and 5 are the henchmen of Kannekkatt Chandran, who belongs to Kannekkatt thravadu is alleged to have threatened the petitioners. It is alleged that the 6th respondent with the help of respondents 4 and 5 are harassing and mentally bruising the people of the locality. Ext.P2 is the complaint filed before the police. Ext.P3 is the complaint filed on 3.7.2009. Ext.P4 is the complaint filed before “Vanitha Commission” by the women and children of the locality. Ext.P5 is the notice registered by the petitioners to the 4th W.P.(C) Nos.20490 & 26365/ 2009 : 3 : respondent S.I. of Police. Ext.P6 is the notice to the 2nd respondent, District Collector. The petitioners had sent a request to the Dy.S.P. of police, Tirur for permission for using mikeset in the temple for offering prayers, which was sent to the 4th respondent by the Dy.S.P. W.P.(C) No. 26365/2009 3. This writ petition is filed by sixth respondent in W.P.(C) No.20490/2009. He has approached this court seeking police protection to his life against the petitioners 3 and 4 in W.P.(C) No.20490/2009. 4. We heard the learned counsel for the petitioners in both the cases and the learned Government pleader also. 5. The learned counsel for the petitioners in W.P.(C) 20490/2009 would submit that there is a public temple. There is a civil suit pending before the Ponnani Munsiff Court. They are using mike from 5.30 to 6.00'o clock in the evening and only half an hour in the morning. He would submit that the interim order W.P.(C) Nos.20490 & 26365/ 2009 : 4 : may be allowed to be continued. 6. Learned counsel for the respondents would point out that the idol is installed in his property and he has no objection in the idol being taken away. He would submit that the mike set cannot be allowed to be used in his property. Learned counsel for the petitioners, who are party respondents in the case, would submit that they have no intention to cause any danger to their life. 7. These writ petitions are disposed of as follows. The petitioners in W.P.No.20940 of 2009 will not be harassed by the police. However, we also make it clear that in regard to the use of mike it is for them to work out their remedy in the appropriate forum and we are not pronouncing on the said reliefs. Necessarily, the police cannot interfere with the matter, which are the subject matter of the civil suit. WPC 26365/09: We record the submission of the learned counsel for respondents 3 and 4 that there is no intention to cause any danger to the life of the petitioner. Respondents 1 and 2 will W.P.(C) Nos.20490 & 26365/ 2009 : 5 : provide adequate protection to the petitioner's life. We also make it clear that this judgment will not stand in the way of the Police investigating Crime No.43/2009 of the Perumpadappu Police station, in accordance with law. This judgment will not stand in the way of proceedings under Section 145 of the Code of Criminal Procedure. K.M. JOSEPH, JUDGE M. L. JOSEPH FRANCIS, JUDGE. dl/