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Bright K vs Sub Inspector Of Police

High Court Of Kerala|30 October, 2014
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JUDGMENT / ORDER

Shaffique, J.
Petitioners claiming to be the conveners of New Central Perunal Sangam, Pengamuck have approached this Court seeking police protection. According to them, they intend to conduct “Kottikayattam” on 13th and 14th of November, 2014 and they apprehend law and order situation. Hence they approached this Court seeking direction to respondents 1 to 3 to make necessary arrangements for the conduct of Kottikayattam on 13.11.2014 and 14.11.2014 from the street of Pengamuck, St.Peter's and St.Paul's church to the petitioners street by fixing timing for the participants and by giving effective and adequate police protection for the smooth conduct of the Kottikayattam.
2. Respondents 4 to 8 have filed counter affidavit inter alia stating that petitioners are only members of the parish and they have nothing to do with Kottikayattam. There are two factions in the parish and none of the representatives WP(C) No. 27035 of 2014 -:2:-
of the factions has approached this Court. So far as respondents 4 to 8 are concerned, they are only members of the parish and they have nothing to do with the festival. They do not represent a particular group. Therefore it is contended that petitioners have no legal right to approach this Court and orders can be passed only if the office bearers of the two factions approach the police station concerned.
3. Learned Government Pleader on instructions would submit that certain groups are conducting the aforesaid function and it is very difficult for the Police to maintain law and order.
4. Having regard to the aforesaid statement, if any law and order situation is created in respect of conducting the function or Kottikayattam, it is for the respondent Police to see that law and order situation is maintained in the area.
5. In the said circumstances we are of the view that this Writ Petition can be disposed of as under:
Petitioners or any other persons forming a group shall approach the 2nd respondent with necessary request. The 2nd respondent shall thereafter consider WP(C) No. 27035 of 2014 -:3:-
the same and make an amicable settlement of the issue after hearing affected parties as well. The above process shall be done within a period of one week from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Ashok Bhushan, Acting Chief Justice.
A.M. Shaffique, Judge.
ttb/30/10
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Title

Bright K vs Sub Inspector Of Police

Court

High Court Of Kerala

JudgmentDate
30 October, 2014
Judges
  • Ashok Bhushan
  • A M Shaffique
Advocates
  • Smt Asha B Mathew
  • Smt Nimmy Johnson