High CourtsSingle Bench(2023) 12 KL CK 0256

Pamba Boat Race Club vs District Collector, Pathanamthitta District, Pin 689645

High Court Of Kerala · Decided on 29 December 2023

HON’BLE JUDGES
C. Jayachandran, J
RESULT
Disposal Of
CASE NUMBER
Writ Petition (C) No. 44036 Of 2023

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Judgment

6 paragraphs · 530 words

C. Jayachandran, J

1.

The petitioners herein, of which the first petitioner styled itself as 'Pamba Boat Race Club', seek police protection for conducting a boat race, as also, for conduct of other cultural programs at Neerattupuram. The date originally scheduled for the race was 29.12.2023. However, as per Ext.P11, the event was re-scheduled to 30.12.2023, for which purpose a request has been made before the Sub Collector. The petitioners apprehend mischief at the hands of the respondents 5 to 12, who, according to the petitioners, are persons who have ceased to be the members of the original Pamba Boat Race Club.

2.

This application was stiffly opposed by the learned counsel for respondents 5 to 12 by pointing out that the writ petition itself has become infructuous upon the expiry of 29.12.2023, the date originally fixed for conduct of the boat race. The learned counsel would also submit that the real and original 'Pamba Boat Race Club' is the fifth respondent herein and the petitioner is trying to create a make belief that the first petitioner is the real club. It was further submitted that boat race is being conducted on every “Thiruvonam Days” by the fifth respondent club and the present attempt of the first petitioner in conducting a boat race in connection with new year is with an eye fixed on claiming proprietary rights over the 'Pamba Boat Race Club'. A suit has already been instituted by the petitioner club, which is pending before the Civil Court, in which no interim relief was granted. The learned counsel also pointed out that a copy of Ext.P11 application was handed over only today.

3.

Having heard the learned counsel appearing on both sides, this Court is of the opinion that the relief of police protection sought for by the petitioners can be granted. Police protection is granted only to prevent law and order situation, as also, to ensure the smooth conduct of an event. The conduct of such event or affording police protection for the same would not, in any manner, advance the respective case of the parties, which they are agitating before the civil court. No right, title or interest is going to be created by virtue of the conduct of the boat race. This court also notice that no prohibitory orders by any civil court are issued, so as to prevent the petitioners from conducting the boat race.

4.

In such circumstances, this Court is not in a position to find that the conduct of the boat race, as such, is illegal, as contended by the learned counsel for the respondents. Nor is such a finding required, having regard to the realm and scope of the present proceedings. In the circumstances, this Court direct respondents 2 to 4 to afford adequate police protection to the petitioners for conducting boat race, as also, for other cultural programs scheduled to be held on 30.12.2023. It is clarified that the grant of police protection will not be profitably gainsaid by the petitioners to assert any right, title or interest in the pending civil suit, or for that matter, before any other authority.

This writ petition is disposed of as above.