JUDGMENT

Dated this the 15th day of January, 2021 S.Manikumar, C.J.

Instant public interest litigation is filed for a mandamus directing the respondents to consider Exhibit P8 and to take appropriate action. Exhibit P8 is a manual of guidelines to prevent and control communal disturbances and to promote communal harmony-2002, issued by the Home (SS-A) Department, Government of Kerala.

2. Petitioner has also sought for a direction to take corrective action against Mr.Sherief Mohammed, respondent No.7, based on Exhibits P8 and P9.

3. Exhibit P9 is an order passed in HRMP No.1920 of 2011 dated

15.3.2012 by the Kerala State Human Rights Commission.

4. Petitioner has also sought for a direction to the respondents to take action against Mr.Sherief Mohammed, respondent No.7, under the Religious Institutions (Prevention of Misuse) Act, 1988 and the Places of Worship (Special Provisions) Act, 1991.

5. The petitioner is aggrieved by the inaction on the part of respondents 1 to 6, in not taking corrective action against Mr.Sherief Mohammed, respondent No.7, from running an unauthorized psychic treatment and spiritual centre rendering 'Jinn treatment' and dispensing medicines, as well as conducting a prayer hall at his residence, without obtaining any permission from any authorities and duping the public. According to the petitioner, Mr.Sherief Mohammed, respondent No.7, is running a mosque of his own defying the Jama-ath and attempting to create communal disharmony. According to the petitioner, though the respondents, statutory authorities are bound to act as per Ext.P8 on the illegal activities, no action has been taken so far. Hence the writ petition is filed seeking for the prayers stated supra.

6. A counter affidavit dated 9.12.2013, has been filed on behalf of the Circle Inspector of Police, Hosdurg and Sub Inspector of Police, Bekal, Kasaragod, respondent Nos.4 and 5, wherein, it is stated as hereunder:

“3. It is submitted that the writ petitioner is an active member of Kuniya Sharaful Islam Jama-ath Committee, who had made several complaints against the 7th respondent. There were so many complaints against running an unauthorised psychic treatment, spiritual centre, rendering 'Jinn' treatment, dispensing medicine after treatment, conducting prayers, by the 7th respondent. It is a fact that the complaints have come either from the office bearers or the members or well wishers of Kuniya Sharaful Islam Jama-ath Committee, which has openly admitted that they have strong objections in the activities of the 7th respondent, who is running a mosque unauthorisely, under pretext of a Madrasa and unauthorised psychic treatment and spiritual centre being conducted by the 7t1 respondent rendering 'Jinn' treatment to the persons who comes to the centre. In this regard it is also submitted that on the basis of complaint of one K.Ibrahim Haji, S/o.Muhammad Kunhi, Kuniya, a crime No.669/10 was registered at Bekal Police Station on 24.09.2010 under Section 143, 147, 148, 452, 324, 427 read with 149 IPC. The allegation made was that a group of persons came to his house at around 2.30 PM on 24.09.2010 in one autorikshaw and three motor cycles and attacked him with deadly weapons and inflicted injuries Complainant stated that his stern action against the treatment carried out by the 7th respondent at the spiritual centre, was the motive behind the attack and the offence was committed by the henchmen of the 7th respondent. The investigation revealed beyond doubt that one Kabeer and 10 others have committed the offence and the sole reason being enmity behind the attack was because of the obstruction and objection made by Ibrahim Haji with respect to arrival of females in the spiritual centre run by the 7th respondent. After investigation, the accused were arrested and charge sheeted which has taken on file as CC.1256/2010 on the file of Judicial First Class Magistrate - II. The case was splited and on trial all the accused except A4 and A9 were acquitted. At p