IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 15649 of 2008(K) -------------------------- PETITIONER: ------------ SANTHYMADOM TRUST, UPPAYCHAL, P.O. AZHIKODE, KANNUR, THROUGH ITS ADMINISTRATOR K.V.PRASANNAKUMAR, S/O.LATE KUMARAN, AGED 65, RESIDING AT UPPAYCHAL, P.O.AZHIKODE, KANNUR-9. BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR. 2. THE SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION, KANNUR. 3. THE SUB INSPECTOR OF POLICE, MATTANNUR POLICE STATION, KANNUR. 4. MR.KUNHIKANNAN, LOCAL SECRETARY, D.Y.F.I NAYATTUPARA, MATTANNUR, KANNUR DISTRICT. 5. MR.K.C.MANOJ, MEMBER, STATE COMMITTEE D.Y.F.I., D.Y.F.I.OFFICE, NAYATTUPARA, MATTANNUR, KANNUR DISTRICT. 6. MR.SHAJI, BLOCK SECRETARY, D.Y.F.I., DYFI OFFICE, NAYATTUPARA, KANNUR DIST. BY ADV. SRI.M.SASINDRAN FOR R4-6 GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15649 of 2008 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF BROCHURE OF SWAMI ATMA CHAITHANYA OF THE SANTI MADOM ASHRAM. EXT.P2: COPY OF THE PRINTOUTS OF THE PHOTOGRAPHS OF THE CHARITABLE AND WELFARE ACTIVITIES OF THE SWAMI ATMA CHAITHANYA. EXT.P3: COPY OF THE COMMUNICATION 7.6.99 OF THE SN.OFFICER, MINISTRY OF HOME AFFAIRS, NEW DELHI. EXT.P4: COPY OF ORDER OF THE COMMISSIONER OF INCOME TAX, KANNUR DT.24.8.2006. EXT.P5: COPY OF SEARCH LIST HANDED OVER BY THE C.I. OF POLICE, VALAPATTANAM. EXT.P6: COPY OF REQUEST SUBMITTED BY THE PETITIONER FOR POLICE PROTECTION DT.23.5.2008. EXT.P7: COPY OF NEWSPAPER MALAYALA MANORAMA DT.24.5.2008. EXT.P8: COPY OF REPRESENTATION DT.24.5.2008 BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P9: COPY OF THE MARK SHEET OF S.S.L.C.EXAMINATION. EXT.P10: COPY OF THE MEMBERSHIP CERTIFICATE DATED 30.04.1989 ISSUED BY THE INDIAN HOMOEO MISSION, KOTTAYAM. EXT.P11: COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE REGISTRAR, THE INDIAN BOARD OF ALTERNATIVE MEDICINES, CALCUTTA DATED 16.01.2002. EXT.P12: COPY OF THE CERTIFICATE ISSUED BY THE REGISTRAR, INDIAN BOARD OF ALTERNATIVE MEDICINES, CALCUTTA. EXT.P13: COPY OF THE CERTIFICATE OF MEMBERSHIP ISSUED BY THE 'CENTRAL RESEARCH INSTITUTE OF MEDICAL SCIENCES' MUMBAI, INDIA DATED 07.02.2004. EXT.P14: COPY OF THE CERTIFICATE ISSUED BY THE CHANCELLOR AND REGISTRAR OF THE 'FACULTY OF MEDICAL SCIENCES' IN APRIL, 2003. WP(C).No. 15649 of 2008 EXT.P15: COPY OF THE PHOTOGRAPHS TAKEN ON 26.05.2008 AS WELL AS ON 25.05.2008 OF THE SHANTI MADAM AT AZHIKODE AS WELL AS CHAITHANYAPURI ASHRAM AT NAAYATTUPURA, KANNUR. EXT.P16: COPY OF THE LETTER ISSUED BY MR.JACK TANG FROM SINGAPORE ADDRESSED TO THE CHIEF MINISTER OF KERALA DT.13.06.2008. EXT.P17: COPY OF THE LETTER ADDRESSED BY JACK TANG TO THE MINISTER FOR HOME AND TOURISM DT.13.06.2008. EXT.P18: COPY OF THE LETTER DT.09.06.2008 ADDRESSED BY VINCE AND ANNABELLE THOMPSON FROM UNITED KINGDOM. EXT.P19: COPY OF THE LETTER SUBMITTED BY SYLVIA TEACHER TO THE LOCAL MEMBER OF PARLIAMENT MR.NICK HERBERT, ARUNDEL AND SOUTH DWONS CONSTITUENCY WEST SUSSEX TO HIGH LIGHT THE ATTACKS ON THE ASHRAMS AT INDIA WITH THE POLITICIANS IN KERALA, DT.12.6.2008. EXT.20: COPY OF THE LETTER DATED 13.06.2008 ISSUED BY DR.IRIS PAUWELS TO THE PETITIONER'S COUNSEL. RESPONDENT'S EXTS: EXT.R5: COPY OF THE NEWS ITEM PUBLISHED IN DESHABHIMANI DAILY DATED 9.1.2004. //TRUE COPY// PA TO JUDGE. K. BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. --------------------------------------------------- W.P.(C) No.15649 OF 2008 ------------------------------------ Dated this the 18th day of June, 2008 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is a trust. It has filed this writ petition through its Administrator. It seeks police protection in the background of the alleged threat to the functioning of the Madom/Ashram run by the said trust. Petitioner submits the Madom/Ashram is being run, in accordance with law. Only religious activities are going on there. Petitioner is also running a free homeopathic clinic for the benefit of the poor people of the area. But the party respondents are making unfounded allegations, taking law into their hands and obstructing the functioning of the activities of the trust. In the above background, the police was moved by filing Ext.P8 representation. Since they did not take any effective steps, this writ petition is filed seeking appropriate reliefs. 2. Learned Government Pleader upon instructions submitted that, the police conducted a raid in the Ashram but W.P.(C) No.15649/2008 2 nothing illegal was detected. The nephew of the Swamiji of the Ashram was involved in a case of attempted rape and he has been arrested also. The 5th respondent has filed a counter affidavit denying the allegations of the petitioner against him. It is pointed out that, illegal and immoral activities, incompatible with the normal functioning of an Ashram are going on in the petitioner's premises. To highlight the above irregularities, so that the same can be prevented in future, his organisation is conducting peaceful demonstrations and public meetings. They have no intention, what so ever, to physically obstruct the functioning of the Ashram or manhandle the inmates. 3. As long as no illegal activities are taking place in the Ashram, the petitioner has every right to run Ashram/Madom without any interference from outsiders. If the party respondents feel that any illegal activities are going there, they cannot take law in their hands and interfere with the functioning of the Ashram. They have to set the law in motion and allow the law to take its own course. They are free to hold peaceful demonstrations or public meetings highlighting the alleged W.P.(C) No.15649/2008 3 irregularities committed by the Ashram/Madom, so that, people may keep away from them and the authorities may take appropriate action, in accordance with law. 4. If any physical obstruction is caused to the functioning of the ashram, the petitioner may inform the 2nd and 3rd respondent and in that event the said respondents shall render necessary police protection. If there is no obstruction, police shall not interfere with the peaceful demonstrations or public meetings held by respondents 4 to 6. The writ petition is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.C.HARI RANI, JUDGE) ps