High Court Kerala High Court

Dhanushkodi vs M.Vijayakumar on 18 February, 2010

Kerala High Court
Dhanushkodi vs M.Vijayakumar on 18 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21418 of 2009(V)


1. DHANUSHKODI, AGED 38,
                      ...  Petitioner
2. PARAMASIVAN, AGED 36,
3. NATARAJAN, (DORAI) NATTARAJAN,

                        Vs



1. M.VIJAYAKUMAR, COMMITTEE PRESIDENT
                       ...       Respondent

2. K.RAJANIKANTH, SECRETARY,

3. M.SEKHARAN, MANNADIYAR,

4. NJANASEKHARAN M.S.,

5. R.GOPALAKRISHNAN, COMMITTEE MEMBER

6. SUBRAMANYAN.S., MANNADIYAR, KARAYOOR

7. ANJUNAD IKYASABHA, MARAYOOR GRAMAM

8. SECRETARY TO HOME DEPARTMENT,

9. DISTRICT SUPERINTENDENT OF POLICE,

10. SUB INSPECTOR OF POLICE,

11. STATE OF KERALA, REP. BY ITS

                For Petitioner  :SRI.JOHNSON MANAYANI

                For Respondent  :SRI.JOICE GEORGE

The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :18/02/2010

 O R D E R
                          K. M. JOSEPH &
                 M.L. JOSEPH FRANCIS, JJ.
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                 W.P.(C).No. 21418 of 2009 V
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           Dated this the 18th day of February, 2010

                             JUDGMENT

Joseph, J.

The petitioner has approached this Court seeking the

following reliefs.

“i) issue a writ of mandamus or any other

appropriate writs direction or orders commanding

respondents 8 to 11 to enquire into the petitioners’

Ext.P5 and enquire into the offences against the

petitioners committed by respondents 1 to 7 and by

their supporters;

ii) issue a writ of mandamus or any other

appropriate writs, directions or orders commanding

respondents 8 to 11 to promulgate law declaring

Ooruvilakku or ex-communication as grave offences

and charge sheet cases against respondents 1 to 7

W.P.(C).No. 21418 of 2009

2

and against their supporters for committing offences and

declaring Ooruvilakku against the petitioners;

iii) issue a writ of mandamus or any other

appropriate writs, directions or orders directing

respondents 8 to 11 to render sufficient police protection

to the petitioners and to their family members to thwart

any attempted further offences by respondents 1 to 7 and

by their supporters.”

2. Briefly the case of the petitioners is as follows. The

petitioners were ex-communicated by respondents 1 to 7 and by their

supporters. There is an allegation about violation of Articles 19 and

21 of the Constitution and other fundamental rights.

3. A counter affidavit has been filed on behalf of respondents 1

to 7, in which it is, inter alia, stated as follows.

“5. It is submitted that the answering respondents

are living in Marayoor, Kanthalloor and Karayoor

Gramams in Marayoor and Kanthalloor Panchayats in

W.P.(C).No. 21418 of 2009

3

Idukki District. The predecessors of the answering

respondents migrated to the said places before 400 years.

The people living in the gramam are following certain

rituals and practices as thereon. The committees duly

elected by the people of the Gramams are managing its

affairs. The committee is arranging water supply for

household use and irrigation. The pathways leading to the

Gramam are being maintained by the committee. A

watcher by name ‘Dantalkaran’ has also been appointed

by the committee. The management of the temple in the

Gramam including the payment of salary to the ‘Poojari’

is being done by the committee. The expense for

providing the said amenities including electricity charges

are being met by the committee by centuries. But the

petitioners have not been co-operating with the other

people of the Gramam in their collective efforts to arrange

minimum amenities for life. These respondents are not in

any way interfering with the lives of the petitioners by

imposing restrictions or making obstructions. The

petitioners are opted to lead a separate life apart from that

of the community. The members of the Gramam are not

in any way concerned about the petitioners as they have

opted themselves to lead a separate life and have a

separate entity.

W.P.(C).No. 21418 of 2009

4

In reply to the averments in the writ petition, it is

submitted that these respondents had not excommunicated

the petitioners as alleged. As mentioned earlier, we are

not in any way obstructing the pathway, right to purchase

and right to employment of the petitioners. These

respondents has never been charge sheeted on the basis of

Ext.P1 FIR. The said crime was registered on the basis of

a complaint filed by the wife of the 3rd petitioner against

some other persons on the basis of an alleged incident

took place on 13.2.2009. The allegations in Ext.P1 FIR is

not in any way connected with these respondents as we

have not been interrogated or charge sheeted in

connection with the alleged commission of offence, to the

best of our information. These respondents did not issue

Ext.P2 notice as alleged. Ext.P2 is a communication

allegedly issued by the Secretary of Ooru Committee,

Marayoor Panchayat. Exts.P3 and P4 notices are also not

published by these respondents for excommunicating the

petitioners. Ext.P5 is only a news item which contains

untrue and imaginary facts. Ext.P5 news items were

published at the instance of the 1st petitioner who has been

trying to tarnish the community in front of the general

public.”

W.P.(C).No. 21418 of 2009

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4. We heard the learned counsel for the petitioners, learned

counsel for respondents 4 to 7 and the learned Government Pleader.

5. Learned counsel for respondents 4 to 7 submits that they are

not connected with Exts.P2 and P3. In view of the stand taken by

respondents 4 to 7, which we record, we direct respondents 9 and 10

that in case the petitioners are obstructed by respondents 1 to 7 in the

matter of travelling, purchasing goods from shop, getting employment,

they will provide adequate protection to the petitioners against

respondents 1 to 7.

(K. M. JOSEPH)
Judge

(M.L. JOSEPH FRANCIS)
Judge

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