IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 WP(C).No. 9717 of 2011(L) ------------------------- PETITIONER(S): ------------------------ ADIYARAPPARA HINDU KUDUMBHA SAMITHI, ADIYARAPPARA, REP. BY ITS SECRETARY, PANOLI RAVENNDRAN, S/O. CHANDU, PANOLI HOUSE, ADIYARAPPARA, KOOTHUPARAMBA AMSOM, NARAVOOR DESOM, KOOTHUPARAMBA.P.O., KANNUR DISTRICT. BY ADV. SRI.V.BINOY RAM SRI.M.K.RANJIT RESPONDENT(S): ------------------------ 1. STATE OF KERALA, HOME DEPARTMENT, REP. BY ITS SECRETARY, THIRUVANANTHAPURAM-695001. 2. THE DISTRICT COLLECTOR, KANNUR-670002. 3. THE SUPERINTENDENT OF POLICE, KANNUR-670002. 4. SUB-INSPECTOR OF POLICE, KOOTHUPARAMBA PIN-670643. 5. THE SECRETARY, KOOTHUPARAMBA MUNICIPALITY, KOOTHUPARAMBA-670643. 6. THE SECRETARY, IZATHUL ISLAM MADRASSA COMMITTEE, ADIYARAPPARA, MOORIYAD, KOOTHUPARAMBA-679643. ADV. SRI.K.V.SOHAN FOR R6 SMT.SREEJA SOHAN.K. FOR R6 GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9717/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REPLY DT 206.2009ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 5TH RESPONDENT TO SMT.SUJETHA K. EXT.P2: TRUE COPY OF THE MASS PETITION PRESENTED BY THE PETITIONER SAMITHI BEFORE THE CHIEF MINISTER, 2ND, 3RD, 4TH AND 5TH RESPONDENTS. EXT.P3: TRUE COPY OF THE MASS PETITION DATED 21.8.2010 GIVENTO THE 2ND AND 5TH RESPONDENTS. EXT.P4: TRUE COPY OF THE NOTICE DT 11.2.2011 ISSUED BY 4TH RESPONDENT TO THE 6TH RESPONDENT. EXT.P5: TRUE COPY OF THE PETITION DT 9.3.2011 PRESENTED BY THE PETITIONERS TO THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 9717 OF 2011 (L) ===================== Dated this the 24th day of June, 2011 J U D G M E N T The substantial prayer sought for by the petitioner is to restrain the 6th respondent from proceeding with the construction of a mosque at Adiyarappara. 2. In my view, the proper course open to the petitioner was to file a civil suit before the appropriate Civil Court. When this question was put to the counsel for the petitioner, it is submitted that the petitioner has already filed a suit before Munsiff Court, Koothuparamba. Now that the appropriate remedy has already been pursued by the petitioner, this writ petition is dismissed without prejudice to the contentions of the petitioner and his right to prosecute the said suit. ANTONY DOMINIC, JUDGE Rp