MANNADI SNDP SAKHA YOGAM Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) The petitioners 2 to 5 claim to be representatives of a Madom. The first petitioner claims to be the transferee of certain rights from the said Madom. The disputes relate to the administration and possession of a temple known as Mannadi Mudippura Devi Temple. There is an ongoing dispute between the Madom and the S.D.N.P. Sakha Yogam together on the one side and the members of the public, who have now constituted themselves into a Samrakshana Samithi, the 3rd respondent herein, on the other.

(2.) This Court had issued Exts.P3 and P8 orders during some earlier years about the manner in which the festival etc. are to be conducted in the temple. On 27.2.2006 the Sub Divisional Magistrate appears to have passed an order under Section 145 Cr.P.C. and a simultaneous order under Section 146 Cr.P.C. It is unnecessary to advert to the details of Ext.P9. By Ext.P9 the proceedings under Section 145 Cr.P.C. were initiated and to avert the possible apprehended consequences a Village Officer was appointed as Receiver and the Village Officer continues as Receiver even now.

(3.) The petitioners have come to this Court complaining that the proceedings initiated are not proper and that the Sub Divisional Magistrate is not properly discharging his obligations under Section 145 Cr.P.C. After having passed the composite order under Ext.P9, no further steps have been taken under Section 145 Cr.P.C. There has been gross disregard of the provisions of Section 145 Cr.P.C. No opportunity to file statements and enquiry as contemplated under Section 145 are being conducted. Attempts appear to have been made by the Sub Divisional Magistrate to bring about an amicable settlement. According to the petitioners, no such settlement has been reached. But the Sub Divisional Magistrate, ignoring the fact that no such settlement has been reached, is trying to close the proceedings and to put the third respondent and his representatives in possession. It is in these circumstances that the petitioners have come before this Court. The Sub Divisional Magistrate was directed to explain whether any further steps under Section 145 Cr.P.C. have been taken.