Kerala High Court
K. Ramachandran vs The Circle Inspector Of Police on 18 February, 2015
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2015/29TH MAGHA, 1936
WP(C).No. 5132 of 2015 (N)
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PETITIONER(S) :-
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1. K. RAMACHANDRAN
KRISHNA NILAYAM, CHITTATTINKARA, AVANAVANCHERI
ATTINGAL.
2. SUSEELAN, DEVI NIVAS, CHITTATTINKARA, AVANAVANCHERI
ATTINGAL.
BY ADV. SRI.B.KRISHNA MANI
RESPONDENT(S) :-
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1. THE CIRCLE INSPECTOR OF POLICE
ATTINGAL, THIRUVANANTHAPURAM-695 101.
2. THE SUB INSPECTOR OF POLICE
ATTINGAL, THIRUVANANTHAPURAM-695 101.
3. JOY, S/O. SREENIVASAN, SWATHI, ALATHARAMOODU
NAGAROOR, ATTINGAL, THIRUVANANTHAPURAM-695 101.
4. SELVIN, S/O. SREENIVASAN, SARAYOO, NEAR LIC OFFICE
ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695 101.
5. LATHA, D/O. SREENIVASAN, TC NO.3/562, TKD ROAD
MUTTADA POST, ATTINGAL, THIRUVANANTHAPURAM-695 025.
6. ROSY, D/O. SREENIVASAN, ROSY NIVAS, AVANAVANCHERI
ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695 103.
7. SUMA, D/O. SREENIVASAN, MEDAKADA HOUSE, POYMUKKU
VANARAPURAM, THIRUVANANTHAPURAM DISTRICT-695 101.
8. SHEEJA, D/O. SREENIVASAN, RADHA MANDIRAM, SHIVAGIRI
VARKALA, THIRUVANANTHAPURAM DISTRICT-695 141.
9. S.BHUVANENDRAN, S/O. SREENIVASAN, NAKRANCOD VEEDU,
AVANAVANCHERI, ATTINGAL, THIRUVANANTHAPURAM-695 103.
R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18-02-2015, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(C).No. 5132 of 2015 (N)
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APPENDIX
PETITIONER(S)' EXHIBITS :-
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P1 : COPY OF THE RELEVANT PORTION OF THE PLAINT, OS 349/2014
BEFORE THE MUNSIFF'S COURT, ATTINGAL.
P2 : COPY OF THE RELEVANT PORTION OF THE PLAINT, OS 54/2011
BEFORE THE MUNSIFF'S COURT, ATTINGAL.
P3 : COPY OF THE MEETING DTD.25.1.2012.
P3(a) : COPY OF THE ENGLISH TRANSLATION OF EXT.P3.
P4 : COPY OF THE AGREEMENT WAS ENTERED INTO AT THE BEHEST OF
THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, DTD.29.3.2013.
P4(a) : COPY OF THE ENGLISH TRANSLATION OF EXT.P4.
P5 : COPY OF THE RELEVANT PORTION OF THE BROCHURE OF THE
TEMPLE.
P5(a) : COPY OF THE ENGLISH TRANSLATION OF EXT.P5.
P6 : COPY OF THE COMPLAINT DTD.4.2.2015 FILED BY THE
PETITIONERS BEFORE THE FIRST RESPONDENT.
P6(a) : COPY OF THE ENGLISH TRANSLATION OF EXT.P6.
P7 : COPY OF THE COMPLAINT DTD.4.2.2015 FILED BY THE
PETITIONERS BEFORE THE 2ND RESPONDENT.
P7(a) : COPY OF THE ENGLISH TRANSLATION OF EXT.P7.
RESPONDENT(S)' EXHIBITS :- NIL
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//TRUE COPY//
P.S. TO JUDGE
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J
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W.P(C).No. 5132 of 2015
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Dated this the 18th February, 2015
JUDGMENT
Shaffique, J.
The petitioners have approached this Court seeking the following reliefs:
"i) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to grant adequate and necessary police protection for carrying out the renovation and punaprathishta in Nakramcod Devi Temple, Avanavancheri, Attingal and also for all other repairs and maintenance works including the digging of well;
ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing respondents 1 and 2 to grant personal police protection to the petitioner, committee members, workers and priests for conducting the renovation and punaprathishta rituals in Nakramcod Devi Temple, Avanavancheri, Attingal;
WP(C).5132/15 2
iii) Issue an interim direction directing respondents 1 and 2 to grant personal police protection to the petitioner, committee members, workers and priests for conducting the renovation and punaprathishta rituals in Nakramcod Devi Temple, Avanavancheri, Attingal."
2. On a perusal of the averments in the Writ Petition and after hearing learned counsel for the petitioners, it is clear that a civil suit, O.S.No.54 of 2011 filed by the first petitioner is pending consideration. According to the petitioners, punaprathishta of the idol is to take place on 27.2.2015. The petitioners apprehend that respondents 3 to 9 may create obstruction during the said rituals. A complaint was made by the petitioners and at the instance of the Dy.S.P, a meeting was held and instructions were issued not to create any such obstruction.
3. Having regard to the nature of issues involved between the petitioners and the private respondents, we do not think that the Police can interfere and sort out such issues, which are pending before the Civil Court. The Police can only maintain law and order situation, if there is WP(C).5132/15 3 any offence being committed or attempt to commit any offence.
4. In the above view of the matter, we do not think it fit to issue any direction as prayed for. However, we make it clear that if there is any law and order situation, the Police shall ensure that law and order is maintained in the area.
With the above observation, the Writ Petition is closed.
Sd/-
ASHOK BHUSHAN ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE JUDGE vgs19/2/15