Kerala High Court
Bijukumar C vs State Of Kerala on 5 February, 2020
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 05TH DAY OF FEBRUARY 2020 / 16TH MAGHA,
1941
WP(C).No.30994 OF 2019(Y)
PETITIONER:
BIJUKUMAR C., AGED 43 YEARS, S/O. CHELLAPPAN,
LAKSHMI VILASAM, MUNICIPAL COLONY ROAD,
VALIYAKUNNU, ATTINGAL P. O., CHIRAYINKEEZHU
TALUK, THIRUVANANTHAPURAM., CHIEF
ADMINISTRATOR IN KOLLAMPUZHA DEVI MOORTHI
TEMPLE, KOLLAMPUZHA, ATTINGAL.
BY ADVS.
SRI.R.MURALEEKRISHNAN
SRI.V.S.NOWSHAD
SMT.T.M.RESHMY
SMT.SITHARA.S
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT, HOME
MINISTRY, SECRETARIAT, THIRUVANANTHAPURAM -
695 001.
2 THE SUPERINTENDENT OF POLICE
THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM -
605 033.
3 THE CIRCLE INSPECTOR OF POLICE
ATTINGAL POLICE STATION, ATTINGAL P. O.,
THIRUVANANTHAPURAM - 695 101.
4 SYAMALA, D/O. KARTHIYANI, CHARUVIL VEEDU,
AVANAVANCHERY VILLAGE, NEAR L M S JUNCTION,
ATTINGAL P. O., THIRUVANANTHAPURAM - 695 101.
WP(C).No.30994 OF 2019(Y)
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5 SUDHAN, S/O. VELAYUDHAN, MANJAVILA VEEDU,
VELARKUDI, ATTINGAL P. O., THIRUVANANTHAPURAM
- 695 101.
6 RAJAN, S/O. KARTHIYANI, KEEZHATHIL VEEDU,
AVANAVANCHERY VILLAGE, NEAR L M S JUNCTION,
ATTINGAL P. O., THIRUVANANTHAPURAM - 695 101.
7 SHIBU, S/O. GANGADHARAN, VELARKUDY DESOM,
MANJAVILA VEETIL, ATTINGAL VILLAGE, ATTINGAL
P. O., THIRUVANANTHAPURAM - 695 101.
8 AKHIL, S/O. ANILKUMAR, VELARKUDY DESOM,
MANJAVILA VEETIL, ATTINGAL VILLAGE, ATTINGAL
P. O., THIRUVANANTHAPURAM - 695 101.
9 SUDHI, S/O. SUDHARMAN, VELARKUDY DESOM,
MANJAVILA VEETIL, ATTINGAL VILLAGE, ATTINGAL
P. O., THIRUVANANTHAPURAM - 695 101.
10 SASI, AGED 65 YEARS
S/O. MATHU, AMMU NIVAS, NEAR KOLLMPUZHA DEVI
MOORTHI TEMPLE, ATTINGAL P. O.,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM -
695 101.
R7-9 BY ADV. SRI.M.BALAGOVINDAN
R7-9 BY ADV. SRI.S.SUDARSANA BABU
R10 BY ADV. SRI.K.M.FIROZ
R10 BY ADV. SMT.M.SHAJNA
SRGP S GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.02.2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.30994 OF 2019(Y)
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JUDGMENT
Dated this the 5th day of February 2020 The petitioner claims that he is the Chief Administrator of Kollampuzha Devi Moorthi Temple at Attingal. According to him, this temple is belonging to Paravan Vilakam Family. A suit for framing of scheme for administration was dismissed. Accordingly, the petitioner claims that it is absolutely belonging to the family. The petitioner approached this Court for police protection stating that the party respondents are obstructing the conduct of 'Poojas' and other thanthric measures. The petitioner also submits that the renovation work of the temple is also being obstructed.
2. There are disputes in regard to the management and administration of the temple. It appears that the party respondents also claim the rights of the management and administration of the temple. There is a civil suit pending, filed by the party respondents. Some of the party respondents claim that they are also the family members.
3. The main prayer in this writ petition is for police protection WP(C).No.30994 OF 2019(Y) ..4..
for the peaceful conduct of 'poojas' on 19.01.2020 to 22.01.2020.
4. This Court cannot consider the prayer for police protection without adverting to the right of the petitioner. The right is being in dispute, it may not be proper for this Court to accord police protection to do certain activities which would be available only to the persons who are having the right of the management and administration. However, the police will have to maintain law and order in the area. If there are threat to the life of the petitioner, police shall also provide protection to the life of the petitioner. The parties are free to approach the Civil Court for any appropriate relief.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE PR/5.02.2020 WP(C).No.30994 OF 2019(Y) ..5..
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT IN AS NO.35/2002 DATED 13.2.2019.
EXHIBIT P2 A TRUE COPY OF THE PETITION FILED TO THE DISTRICT COLLECTOR DATED 10.3.2019.
EXHIBIT P3 A TRUE COPY THE CMP 2649/2019 FILED BEFORE JFCM COURT, ATTINGAL.
EXHIBIT P4 A TRUE COPY THE RECEIPT DATED 14.8.2019 RECEIVED FROM ATTINGAL POLICE STATION IN RESPECT OF COMPLAINT FILED BY PETITIONER.
EXHIBIT P5 A TRUE COPY OF THE RECEIPT DATED 12.9.2019 RECEIVED FROM ATTINGAL POLICE STATION IN RESPECT OF COMPLAINT FILED BY PETITIONER.
EXHIBIT P6 A TRUE COPY OF THE COMPLAINT FILED TO THE SP OF POLICE 3/10/2019 BY THE PETITIONER.
EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 30.1.2019 ISSUED BY THE PETITIONER IN RESPECT OF THE DEVA PRASNAM.
EXHIBIT P8 A TRUE COPY OF THE NOTICE FOR THE REMEDIAL MEASURES AND SPECIAL POOJAS TO BE CONDUCTED ON 25.12.2019 TO 27.12.2019 AND CONSEQUENTIAL RENOVATION WORK.
WP(C).No.30994 OF 2019(Y) ..6..
EXHIBIT P9 TRUE COPY OF THE COMPLAINT DATED 07/12/2019 FILED BY THE STAFF OF THE PETITIONER TO THE SHO, ATTINGAL POLICE STATION EXHIBIT P10 TRUE COPY OF THE OUT PATIENT TICKET OF MADHU DATED 17/12/2019 OF GOVERNMENT HOSPITAL, ATTINGAL EXHIBIT P11 TRUE COPY OF THE TAX ASSESSMENT RETURN DATED 08/08/2016 SUBMITTED TO ATTINGAL MUNICIPALITY EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 29/08/2018 ISSUED BY THE SPECIAL DEPUTY COLLECCTOR, LA,(NH), THIRUVANATHAPURAM RESPONDENTS EXHIBITS:
EXHIBIT R10(A) A TRUE COPY OF THE IA NO.3133 OF 2019 IN O.S.NO.221 OF 2019 ON THE FILES OF THE SUB COURT, ATTINGAL.
EXHIBIT R10(B) A TRUE COPY OF THE IA NO.3441 OF 2019 IN O.S.NO.221 OF 2019 ON THE FILES OF THE SUB COURT, ATTINGAL.