The court emphasized the need for proper consideration and hearing of parties before extending orders under section 27 of the Kerala Police Act.

The original Petition is filed for a direction to respondents 5 and 6 to afford Protection to the lives of the petitioner and the properties of Ainul Huda Madrassa of Padappengad Muslim Jumath from the threat of respondents 1 to 4 and also to quash Ext. P4 order of the District Collector, Cannanore passed under section 27 of the Kerala Police Act. The petitioners are the President, Secretary and Treasurer of the Jumath Committee. The said committee was unanimously elected according to the petitioner on 21-3-1990 and they took charge on 1-4-1990. The committee is constituted under the bye-law of the society. It runs a Madrassa and is also incharge of administration of the Society. I am concerned with this petition only the Madrassa and its administration. According to the petitioner for the past several years the Madrassa was following the syllabus prescribed by Samastha Kerala Muslim Vidyabyasa Board and the Madrassa was teaching its students syllabus prescribed by the Board. While so on 14-5-1990 respondents 1 to 4 and their men trespassed into the Madrassa and intimidated the teachers appointed by the petitioners and obstructed there from teaching. At that time, on the basis of the petitioner's complaint to - the police, the police called the respondents 1 to 4 and their men and warned them not to enter in the building or trespass into the property. On a second occasion on 28-5-1990 respondents 1 to 4 tried to trespass the property but there was no trouble caused and no further report has been made to the police. But stating that respondents 1 to 4 and their men are indulging in illegal activities and committing trespass the petitioners approached the Munsiff's Court, Thaliparamba by way of O.S. 131/1990 to restrain respondents 1 to 4 and their men from entering into the property and trespassing to create trouble to the petitioners in running the Madrassa. There was an interim application, I.A. 960/1990 for temporary injunction against respondents from trespassing into the property. That was ordered on 2-6-1990 by the Munsiff's Court. This matter was reported to the police as well. In violation of the injunction order respondents 1 to 4 trespassed into the Madrassa and assaulted the members of the teaching staff. That was on 4-6-1990. The petitioner immediately reported the matter to the 5th respondent and sought police protection. Ext. P3 is the request for police protection. The police also registered a crime against respondents 1 to 4. Thus it will be seen that whenever the matter was brought to the notice to the police officers action was taken by the police officers on the specific incident reported to them. But that was not sufficient. By Ext. P3 the petitioner wanted to extend police protection to see that the injunction order of the Munsiffs Court is not violated. Petitioner also requested to prevent unlawful obstruction caused by respondents 1 to 4 and their men. Since it is found that there is a fight between two factions popularly known as E. K. Aboobacker Musaliar Group and A.P. Aboobacker Musaliar Group, the police wanted proper safeguard in the matter. A place picket is posted near the Madrassa to prevent breach of peace. That was subsequent 4-6-1990 when there was an open clash using bricks, sticks etc. by the two factions. The situation became worse subsequent to the above incident as stated in paragraph 10 of counter affidavit filed on behalf of respondents No. 5. It is stated that any attempt by any group to open the Madrassa will lead to violent clashes and grave disturbance of the peace at Padappengad. If the Madrassa is left in the hands of any group there is likelihood of grave disturbance of the public peace. Hence the District Magistrate will have to be approached. It is thereafter the District Magistrate passed an order under Section 27 of the Kerala Police Act. In the order of the District Magistrate dated 8-8-1990 it is stated that he is satisfied from the report of the Superintendent o