WP(C)/44036/2023 of PAMBA BOAT RACE CLUB Vs THE DISTRICT COLLECTOR on 29 December 2023

J U D G M E N T

The petitioners herein, of which the firstpetitioner styled itself as 'Pamba Boat RaceClub', seek police protection for conducting aboat race, as also, for conduct of other culturalprograms at Neerattupuram. The date originallyscheduled for the race was 29.12.2023. However,as per Ext.P11, the event was re-scheduled to30.12.2023, for which purpose a request has beenmade before the Sub Collector. The petitionersapprehend mischief at the hands of therespondents 5 to 12, who, according to thepetitioners, are persons who have ceased to bethe members of the original Pamba Boat Race Club.2.This application was stiffly opposed bythe learned counsel for respondents 5 to 12 bypointing out that the writ petition itself hasbecome infructuous upon the expiry of 29.12.2023,

..5..

the date originally fixed for conduct of the boatrace. The learned counsel would also submit thatthe real and original 'Pamba Boat Race Club' isthe fifth respondent herein and the petitioner istrying to create a make belief that the firstpetitioner is the real club. It was furthersubmitted that boat race is being conducted onevery “Thiruvonam Days” by the fifth respondentclub and the present attempt of the firstpetitioner in conducting a boat race inconnection with new year is with an eye fixed onclaiming proprietary rights over the 'Pamba BoatRace Club'. A suit has already been institutedby the petitioner club, which is pending beforethe Civil Court, in which no interim relief wasgranted. The learned counsel also pointed outthat a copy of Ext.P11 application was handedover only today. 3.Having heard the learned counselappearing on both sides, this Court is of the

..6..

opinion that the relief of police protectionsought for by the petitioners can be granted.Police protection is granted only to prevent lawand order situation, as also, to ensure thesmooth conduct of an event. The conduct of suchevent or affording police protection for the samewould not, in any manner, advance the respectivecase of the parties, which they are agitatingbefore the civil court. No right, title or interest is going to be created by virtue of theconduct of the boat race. This court also noticethat no prohibitory orders by any civil court areissued, so as to prevent the petitioners fromconducting the boat race.

4. In such circumstances, this Court is notin a position to find that the conduct of theboat race, as such, is illegal, as contended bythe learned counsel for the respondents. Nor issuch a finding required, having regard to therealm and scope of the present proceedings. In

..7..

the circumstances, this Court direct respondents2 to 4 to afford adequate police protection tothe petitioners for conducting boat race, asalso, for other cultural programs scheduled to beheld on 30.12.2023. It is clarified that thegrant of police protection will not be profitablygainsaid by the petitioners to assert any right,title or interest in the pending civil suit, orfor that matter, before any other authority.

This writ petition is disposed of as above.

PR

Sd/-

C. JAYACHANDRAN

JUDGE

..8..

APPENDIX OF WP(C) 44036/2023

PETITIONER EXHIBITS

Exhibit P1

TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 31-3-2023 OF THE 1ST PETITIONER SOCIETY UNDER THE TRAVANCORE-COCHIN LITERARY, SCIENTIFIC AND CHARITABLE SOCIETIES REGISTRATION ACT

Exhibit P2Exhibit P3

TRUE COPY OF THE ORDER DATED 18.06.2019PASSED BY THE DISTRICT REGISTRAR (GENERAL), PATHANAMTHITTA

TRUE COPY OF THE LEAFLET FOR THE BOAT RACE HELD ON 14-9-2023 ISSUED BY THE 3RD RESPONDENT

Exhibit P4Exhibit P5

TRUE COPY OF THE COMMUNICATION MADE BY THE 5TH RESPONDENT CLUB TO THE SUB COLLECTOR, THIRUVALLA FOR CONDUCTING BOAT RACE ON 31-8-2023

TRUE COPY OF THE REPRESENTATION DATED 20-12-2023 MADE BY THE 1ST PETITIONER TO THE 1ST RESPONDENT

Exhibit P6Exhibit P7

TRUE COPY OF THE REPRESENTATION DATED 20-12-2023 MADE BY THE 1ST PETITIONER TO THE 2ND RESPONDENT

TRUE COPY OF THE REPRESENTATION DATED 20-12-2023 MADE BY THE 1ST PETITIONER TO THE 3RD RESPONDENT

Exhibit P8Exhibit P9

TRUE COPY OF THE REPRESENTATION DATED 20-12-2023 MADE BY THE 1ST PETITIONER TO THE 4TH RESPONDENT

TRUE COPY OF THE REPRESENTATION DATED 20-12-2023 MADE BY THE 1ST PETITIONER

..9..

TO THE DYSP, THIRUVALLA

Exhibit P10

TRUE COPY OF THE REPRESENTATION DATED 20-12-2023 MADE BY THE 1ST PETITIONER TO THE SUB COLLECTOR, THIRUVALLA

Exhibit P11

TRUE COPY OF THE COMMUNICATION MADE BY THE PETITIONERS TO THE SUB COLLECTOR, THIRUVALLA DATED 22-12-2023

RESPONDENT EXHIBITS

Exhibit R-5 (b)

True photocopy of receipt No: 0295178 in Book No: 02952 dated 07-11-2019 issued by the District Registrar (General) Pathanamthitta Exhibit R-5 (c)

True photocopy of the Acknowledgement for receipt of Money dated 24-08-2023 issued by the District Registry Pathanamthitta Exhibit R-5 (d)

True photocopy of the order dated 13-09-2023 in I.A No: 3/2023 in O.S No: 424/2016 of the Hon'ble Munsiff's CourtThiruvalla Exhibit R-5 (e)True photocopy of the plaint in O.S No:8/2023 of the Hon'ble District Court Pathanamthitta Exhibit R-5 (f)True photocopy of in I.A No: 2/2023 in O.S No: 8/2023 of the Hon'ble District Court Pathanamthitta Exhibit R-5 (g)True photocopy of the notice dated nil regarding the 65th Pamba Boat Race Exhibit R-5 (a)True photocopy of the extract of Register of Societies with serial No: P98/90 of the District Registrar (General) Pathanamthitta dated 21-03-

..10..

1990

PETITIONER EXHIBITSExhibit P12TRUE COPY OF THE NOTICE DATED 21-12-2023 ISSUED BY RDO THIRUVALLAExhibit P13TRUE COPY OF THE ORDER DATED 7-09-2016 IN I.A. NO. 2457/2016 IN O.S. NO. 424/2016 OF MUNSIFF'S COURT, THIRUVALLA