IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2305 of 2008(Y)
1. SREE NARAYANA GURU SMARAKA BHAJANA
... Petitioner
Vs
1. THE VILLAGE OFFICER,
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE SUPERINTENDENT OF POLICE,
For Petitioner :SRI.M.P.ASHOK KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :25/02/2008
O R D E R
ANTONY DOMINIC, J.
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2008 Y
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Dated this the 25th February, 2008
J U D G M E N T
The challenge in this writ petition is against taking over of
Sree Narayana Guru Smaraka Bhajanamadam. Petitioner seeks a
direction to the respondents to hand over possession of the
Bhajanamadam to the petitioner for performing religious rites.
According to the petitioner, the Bhajanamadam is independent of
SNDP and certain persons had interfered with the functioning of the
Bhajanamadam when they approached the civil court and obtained
Ext. P3 order of injunction. It is stated that thereafter some
strangers had created trouble and the police intervened in the
matter. According to them, without any rhyme or reason the 1st
respondent took over the Bhajanamadam by Ext. P4 dated
8.11.2007 and it is in this background the writ petition has been
filed praying for directions to hand over the Bhajanamadam to the
petitioner.
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2. Govt. Pleader got instructions in the matter and submits
that since there was apprehended breach of peace on the basis of
the report of the police, the 2nd respondent initiated proceedings
under Section 145(1) of Cr.P.C. which is numbered as MC 61/07.
According to him, it is on that basis the Bhajanamadam was taken
over. It is stated that notice has been issued to all parties and the
District Collector will finalise the proceedings in accordance with law
after hearing all concerned.
3. From the above facts that has been disclosed before me, it
is evident that the taking over of the Bhajanamadam was
necessitated on account of the apprehension regarding breach of
peace. If the statutory authority was satisfied that the existing
circumstances justified initiation of proceedings under Section 145
Cr.P.C., this Court will not be justified in interfering with the matter
before its finalisation.
4. Therefore, I dispose of this writ petition itself directing that
the petitioner shall appear before the 2nd respondent and show
cause against the proceedings that are initiated by the 2nd
respondent. It is directed that the 2nd respondent shall finalise the
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proceedings with notice to all concerned as expeditiously as
possible.
ANTONY DOMINIC
JUDGE
jan/-