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2025 Supreme(Online)(Ker) 67934

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J
NARAYANAN UNNI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) NO. 9298 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.HARISANKAR N UNNI, SMT.K.MINI MOLE
For the Respondents: SHRI.M.RETHEESHKUMAR, SHRI.MUHAMED JUNAID, GP - SMT. JESSY S SALIM

Authorities must ensure compliance with laws against unauthorized practices under religious pretenses to maintain public order.

Headnote:This judgment examines the legality of practices conducted by neighbors allegedly involving black magic and witchcraft, which raised public disturbance. The Court upheld legal orders to prevent unauthorized activities under religious pretexts. It concluded that the 2nd respondent shall ensure law enforcement facilitates compliance with mandates concerning public safety in the locality.

Table of Content
1. addressing public disturbance due to alleged black magic practices. (Para 1 , 2)
2. legal remedies sought for community tranquillity. (Para 3)
3. court orders implementation of compliance measures. (Para 4 , 5 , 6)

JUDGMENT

The above writ petition is filed with following prayers :

i) issue a writ in the nature of mandamus or appropriate writ, order or direction to the respondents to take necessary and urgent steps to remove the illegal activities conducted by respondents 6 to 8 and to ensure peaceful living, maintain public tranquility and social harmony in the locality by interfering with the illegalities committed by respondents 6 and 7 under the pretext of religious adherence; ii) issue a writ of mandamus or any other appropriate writ order or direction commanding and compelling the 5th respondent to initiate proceedings for demolishing the unauthorized building/ structure constructed illegally by respondents 6 to 8 as stated in Exts P10 and P11 forthwith;

iii) issue a writ in the nature of mandamus to respondents 2 and 4 to ensure that the law and order be maintained in the locality wherein the petitioners and respondents 6 to 8 resides and also direct the authority to ensure that no activities which are prevented by law are being conducted by respondents 6 to 8 under the pretext of religious adherence;

iv) to dispense with filing of the translation of vernacular documents;

v) issue such other appropriate writ order or direction as this Hon’ble Court may deem fit and proper to meet the ends of justice.” [sic]

2. The petitioners are the residents of Manakkad Grama Panchayat of Idukki District. It is the case of the petitioners that the respondent Nos. 6 and 7 are the husband and wife, who are neighbours and nearby residents of the petitioners are residing in the property covered in Re- survey no. 134/8 of Manakkad Village, Thodupuzha Taluk of Idukki District. The respondent Nos. 6 and 7 are the persons who are engaged in black magic and witchcraft is the submission. It is the case of the petitioners that respondent Nos. 6 and 7 are a section of people who are carrying out animal sacrifices under the pretext of religious adherence. The 6th respondent is claiming to be a Swami and Godman, who talks about future, money, prediction and performs poojas and conducts homams and other superstitious things claiming cure of diseases where medical science has failed is the further submission. It is submitted that, initially very few people claiming as followers of 6th respondent visited residence of respondents 6 and 7. Now, a large number of strangers claiming to be followers of the 6th respondent are visiting the residence of 6th and 7th respondents, even during late night and early morning is the further submission. Facts being so, the 7th respondent, who is the wife of the 6th respondent submitted an application before the Manakkad Grama Panchayat seeking permit to construct a building for religious purpose. Since the application pertains to the construction of a building for religious purpose, the Secretary of the 5th respondent forwarded it to the District Collector. As per Ext.P2, that application was rejected. It is submitted that Ext.P2 would reveal that respondent Nos. 6 and 7 are carrying out animal sacrifices under the pretext of religious adherence and the sounds and cries at the time of such practices are causing fear, disturbance and apprehension to nearby residents and also causing serious threat to the tranquility of the locality. The District Police Chief had also reported to the extent that such acts of respondents 6 and 7 would eventually lead to law and order situations in the locality, is the submission. Though by way of Ext.P2, the District Collector had rejected the application, respondents 6 and 7 in total disregard to the above proceedings and orders of the authorities continued with the construction of the structure as evident by Ext. P3 photographs, is the submission. Though complaints have been f

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