Disposed

Tharangini Arts & Sports Club v. Sub Inspector of Police

Kerala HC30 Nov 2021WP(C)/26484/2014

Case brief

AI extract

What is this about?

In this writ petition, the petitioner club applied for implementation of an order permitting it to remove a defaced statue illegally installed on its property by the Ayyankali Charitable Trust. The Court directed the District Collector to implement the removal order with specifics on manner and destination.

What did the court decide?

Directing the 2nd respondent (District Collector) to implement the order and specify the manner and place for statue removal.

Tharangini Arts & Sports Club Vs Sub Inspector of… — Writ and Judicial Review | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

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TUESDAY, THE 30^TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943

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WP(C) NO. 26484 OF 2014

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PETITIONER:

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THARANGINI ARTS & SPORTS CLUB (REG.NO.K 653/93) ATHIRAMPUZHA P.O., NAPATHIMALA, KOTTAYAM DISTRICT, PIN: 686 562 (REGISTERED), REPRESENTED BY ITS SECRETARY, M.L.BABU, S/O.LUKOSE, AGED 48, MARAMPIL HOUSE, ATHIRAMPUZHA, KOTTAYAM DISTRICT, PIN: 686 562.

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BY ADVS.

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SRI.MOHAN IDICULLA ABRAHAM SRI.MARTIN D.ALUMKARA

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RESPONDENTS:

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1 SUB INSPECTOR OF POLICE GANDHI NAGAR, KOTTAYAM DISTRICT, PIN : 686 008.

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2 THE DISTRICT COLLECTOR CIVIL STATION, KOTTAYAM - 686 002.

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3 ANEESH, S/O.APPU AGED 25 YEARS

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SECRETARY, AYYANKALI, CHARITABLE TRUST, CHELANILKUM KALA, ATHIRAMPUZHA-686562.

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4 THE TAHSILDAR, KOTTAYAM-686001.

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5 THE VILLAGE OFFICER ATHIRAMPUZHA-686562.

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GOVERNMENT PLEADER SRI.K.M.FAISAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 26484 OF 2014 ..2..

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JUDGMENT

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The petitioner is a registered club, has approached

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this Court for implementation of Ext.P6 order issued by the District Collector for removing a statue installed in the property of the club. The statue is presently defaced and the District Collector by Ext.P6 has permitted the club to remove the statue from the property. By Ext.P6, the District Collector has also directed that in case of law and order situation, the Police shall ensure necessary assistance.

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According to the petitioner, certain office bearers of the Ayyankali Charitable Trust has erected a statue in the property of the petitioner as if it is the statue of Mahatma Ayyankali, the great social reformer, though it did not resemble the Mahatma. The statue was made of plastic bottles and cement and presently the statue has

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WP(C) NO. 26484 OF 2014 ..3..

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been beheaded.

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The learned Government Pleader has handed over

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a copy of the photograph of the statue, which is beheaded. It is submitted by him as well the learned Counsel for the petitioner that the Panchayath has already taken steps to provide a space for installation of a statue of Ayyankali.

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Though notice has been issued to the 3^rd respondent, there is no appearance. Though sufficient time was granted by the District Collector to remove the statue from the club premises as evident from Ext.P7, the same is not removed.

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As rightly submitted by the Counsel for the petitioner and the learned Government Pleader, it will be a disgrace to the Mahatma if the beheaded statue is made to remain in the present form anywhere.

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WP(C) NO. 26484 OF 2014 ..4..

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Accordingly, there will be a direction to the 2^nd respondent to implement Ext.P6 order. The petitioner shall produce a copy of this judgment before the 2^nd respondent and the 2^nd respondent shall give necessary direction to the petitioner, the manner in which the statue has to be removed and the place to which it has to

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be removed.

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The writ petition is disposed of with the above direction.

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Sd/MURALI PURUSHOTHAMAN JUDGE

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SB/30/11/2021

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WP(C) NO. 26484 OF 2014 ..5..

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APPENDIX OF WP(C) 26484/2014

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PETITIONER'S EXHIBITS

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P1: TRUE COPY OF CERTIFICATE OF REGISTRATION ISSUED BY THE REGISTRAR OF SOCIETIES IN THE YEAR 1993.

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P2: TRUE COPY OF THE JUDGMENT DATED 17/10/2013 IN WPC NO.22436/12.

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P3: TRUE COPY OF THE COMMUNICATION DATED 30/11/2013 FROM THE OFFICE OF THE 2ND RESPONDENT TO THE PETITIONER.

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P4: TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 6/1/2014.

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P5: TRUE COPY OF THE NOTICE FROM THE 2ND RESPONDENT DATED 12/6/2014 TO THE PETITIONER.

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P6: TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 11/7/2014.

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P7: TRUE COPY OF THE COMMUNICATION FROM 2ND RESPONDENT TO PETITIONER DATED 25/7/2014.

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P8: TRUE COPY OF THE COMMUNICATION DATED 25/8/2014.

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P9: TRUE COPY OF THE INJUNCTION ORDER IN I.A NO.1114/2014 IN OS.167/2014.

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P10: TRUE COPY OF THE PLAINT IN OS NO.167/2014 FILED ON 8/8/2014.

Tharangini Arts & Sports Club v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Tharangini Arts & Sports Club v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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