Kerala High Court
Abdul Rehman vs The District Collector on 15 December, 2023
WP(C) No.41487/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
Friday, the 15th day of December 2023 / 24th Agrahayana, 1945
WP(C) NO. 41487 OF 2023(I)
PETITIONER:
ABDUL REHMAN, AGED 68 YEARS, S/O. KHADER, POOTHATTIL HOUSE,
MARUTHAYUR P.O., PAVARATTY, THRISSUR DISTRICT, PIN - 680507
RESPONDENTS:
1. THE DISTRICT COLLECTOR, THRISSUR, COLLECTORATE, AYYANTHOLE, THRISSUR
, PIN - 680003
2. THE ASSISTANT COMMISSIONER OF POLICE, GURUVAYUR ,CHAVAKKAD TALUK,
THRISSUR DISTRICT, PIN - 680101
3. THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION, CHAVAKKAD
TALUK, THRISSUR DISTRICT , PIN - 680507
4. A.K BACKER, S/O. V.C MUHAMMMEDUNNI, POOTHATTIL HOUSE, PRESIDENT
CHENTHRAPALLI CHANDANAKKUDAM NERCHA COMMITTEE, MARUTHAYUR CHENDRATHI
PALLI, MARUTHAYUR PAVARATTY, THRISSUR, PIN - 680507
5. MOIDHUNNIKUTTY, S/.O KUNJUMUHAMMED KANIYATH, SECRETARY CHENTHRAPALLI
CHANDANAKKUDAM NERCHA COMMITTEE, MARUTHAYUR CHENDRATHI PALLI,
MARUTHAYUR PAVARATTY, PIN - 680507
6. RASAQ POVEEL, POVEEL HOUSE, TREASURER, CHENTHRAPALLI CHANDANAKKUDAM
NERCHA COMMITTEE, MARUTHAYUR CHENDRATHI PALLI, MARUTHAYUR PAVARATTY,
THRISSUR , PIN - 680507
7. V.C HAMEED, PRESIDENT, CHENTHRAPALLI CHANDANAKKUDAM PALLI COMMITTEE,
MARUTHAYUR CHENDRATHI PALLI, MARUTHAYUR PAVARATTY, THRISSUR, PIN -
680507
8. KAMARUDHEEN POTHATTIL, S/O. KHADER VALIYAKATH, CHENTHRAPALLI
CHANDANAKKUDAM PALLI COMMITTEE, MARUTHAYUR CHENDRATHI PALLI,
MARUTHAYUR PAVARATTY, THRISSUR, PIN - 680507
9. M.T MUNEER KADAYEEL, S/O. A.V MUHAMMEDUNNI, TREASURER, CHENTHRAPALLI
CHANDANAKKUDAM PALLI COMMITTEE, MARUTHAYUR CHENDRATHI PALLI,
MARUTHAYUR PAVARATTY, THRISSUR, PIN - 680507
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 to 3 to take immediate action and
ensure that the festivities connected with the Chandankudam Nercha
conducted by the Chendrathy pally and being organized by the respondents 4
to 9, are not conducted after 10 PM on the 12th and 13th of January 2024,
pending disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. RAJIT, DHILSHA HABEEB, Advocates for the petitioner the court passed
the following:
WP(C) No.41487/2023 2/4
BASANT BALAJI,J.
=====================
WP(C) No.41487/2023
=======================
Dated: 15th December 2023
ORDER
Notice by special messenger was ordered to respondents 4
to 9, and the messenger has reported that, as far as the
respondents 6, 7 and 9 is concerned, the house was locked.
Therefore, the notice was not served.
2. The counsel for the petitioner seeks for an interim
order on the basis of Ext.P4 judgment passed by this Court, in
W.P.(C) No.942/2020 dated 17.01.2020. The petitioner earlier
approached this Court, seeking police protection against the
respondents, since the respondents were causing much
disturbance for the peaceful living of the petitioner, and in the
locality, by conducting the festival after 10 p.m.
3. This court, taking note of the said fact, disposed of
W.P.(C) No.942/2020, as follows:
"Having considered the above notice, the police
shall ensure strict compliance with the aforesaid
notice while conducting the festival. It is made
clear that, if there is any violation and the
committee is unable to follow the direction in the
police notice, the police shall ensure that from
next year onwards, no festival is conducted after
10 p.m."
Therefore, the petitioner prays for a direction to the police
to see that the Ext.P4 judgment is strictly complied with.
Therefore, there shall be an interim order directing the
respondents 2 and 3 to see that Ext.P4 is strictly complied with.
Issue fresh notice to respondents 6, 7 and 9 by speed post.
Sd/-
BASANT BALAJI
JUDGE
JS
15-12-2023 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 41487/2023
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 17/01/2020 IN WP(C)
NO.942/2020 OF THIS HON'BLE COURT
15-12-2023 /True Copy/ Assistant Registrar
