Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 1998
  6. /
  7. January

The Chinakathur Pooram Ottapalam ... vs The State Of Kerala

High Court Of Kerala|17 December, 1998

JUDGMENT / ORDER

Shaffique, J.
The petitioner claims to be the President of the Chinakathur Pooram Ottapalam Desom Committee, who has approached this Court alleging that respondents 3 to 7 are obstructing various meetings, functions and rituals that are being conducted by the Committee with reference to the Chinakathur Bhagavathy Temple. It is stated that respondents 3 to 7 have no right to interfere in the meetings and festivals being conducted by the Committee. When there had been illegal obstructions from the side of the private respondents, the petitioner had approached the police and had given a complaint seeking police protection and since no action had been taken in the matter, this writ petition has been filed.
2. Learned Government Pleader on instructions would submit that though the petitioner claims to be the President of the Committee, on an enquiry conducted by the police, it was revealed that respondents 3 to 7 also claims to be the members of a parallel committee. As far as the contention regarding police protection is concerned, when a complaint is received, police personnels are made available to ensure maintenance of law and order. W.P.(C) No.31459 of 2015 -: 2 :-
3. Having regard to the aforesaid factual situation, we do not think that the police can interfere in a factional dispute between the petitioner and rival faction represented by respondents 3 to 7. If at all there is any such issue, it has to be settled through a civil court. The police cannot involve in such matters and resolve such dispute. The police can interfere only if there is any law and order situation.
4. Under such circumstances, we do not think that any direction as sought for can be granted in this writ petition. We only observe that if there is any law and order situation, on the request of the petitioner, the police shall look into the matter and do the needful. However, it is without prejudice to the right of the petitioner to approach the civil court and seek for appropriate relief.
With the above observation, this writ petition is closed.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE Sd/-
A.M. SHAFFIQUE JUDGE Jvt/16.10.2015
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

The Chinakathur Pooram Ottapalam ... vs The State Of Kerala

Court

High Court Of Kerala

JudgmentDate
17 December, 1998