SANTHIGIRI ASHRAM Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner claims to be a charitable society, by name Santhigiri Ashram, undertaking various social, cultural and spiritual activities aimed at the uplifting of mankind as a whole, without discriminating anyone in the name of religion, caste and creed. Ashram is also involved in manufacturing and commercial activities to some extent. There is a fibre processing unit near Alappuzha Upashram, where a large number of devotees are engaged in the operation of the unit. The Regional Manager of Chandiroor Upashram is managing the said unit. The 4th respondent is interfering with the possession and ownership of the property by its devotees and office bearers. A complaint was filed before the 3rd respondent as Ext.P1. There was no abatement of the highhanded activities of the 4th respondent and his henchmen, the petitioner filed another complaint as Ext.P2 before the 2nd respondent and the same was acknowledged by Ext.P3. The 4th respondent is highly influential, both financially and politically and therefore the petitioner was constrained to approach this court seeking a writ of mandamus to direct respondents 1 to 3 to give sufficient protection to the life and property of the petitioner and those who are in the management of the property belonging to Ashram.

(2.) We heard the counsel for the petitioner and the Govt. Pleader representing respondents 1 to 3.

(3.) The main allegation is regarding the encroachment into 57 cents of land belonging to the petitioner-Ashram situated in Aroor Village in Alappuzha by the 4th respondent and his henchmen. The dispute is civil in nature and has to be determined by the civil court of competent jurisdiction. The petitioner cannot seek the extra-ordinary remedy of a writ to resolve such disputes. Therefore, we find no merits in the averments made in the petition so as to exercise the extra-ordinary jurisdiction of this court. The petitioner is at liberty to approach the civil court of competent jurisdiction and seek remedies regarding any encroachment or interference in the right of the Ashram and its devotees. If there is any breach of law and order, respondents 1 to 3 shall take appropriate action to redress the same.