Kerala High Court
Brahmasree Pitha Jyothirmayananda ... vs The Director General Of Police on 19 August, 2014
Author: Ashok Bhushan
Bench: A.M.Shaffique, Ashok Bhushan
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
TUESDAY, THE 19TH DAY OF AUGUST 2014/28TH SRAVANA, 1936
WP(C).No. 20328 of 2014 (M)
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PETITIONER:
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BRAHMASREE PITHA JYOTHIRMAYANANDA SWAMI (RAJU),
AGED 54 YEARS, S/O. MADHAVAN, OMKARA SWARUPANANDA MADOM,
SIVAPURI TRUST, KATTILKADAVU P.O.,
KARUNAGAPPALLY TALUK, KOLLAM DISTRICT.
BY ADVS.SMT.MINI GANGADHARAN
SRI.N.C.SAJUNAM
RESPONDENTS:
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1. THE DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 002.
2. THE CITY POLICE COMMISSIONER,
KOLLAM-691 001.
3. THE ASSISTANT COMMISSIONER OF POLICE ,
KARUNAGAPPALLY, KOLLAM-690 528.
4. THE CIRCLE INSPECTOR OF POLICE ,
KARUNAGAPPALLY-690 528.
5. THE SUB INSPECTOR OF POLICE,
KARUNAGAPPALLY, KOLLAM-690 528.
6. VIMALA , AGED 60 YEARS,
PULLUTHOTTATHIL ASHRAMAM, ATTINGAL, ATTINGAL P.O.,
THIRUVANANTHAPURAM DISTRICT-695 101.
Kss ..2/-
..2....
WPC.NO.20328/2014 (M)
7. ANEESH, AGED 25 YEARS,
KUMAR BHAVAN, ADINADU SOUTH,
KATTILKADAVU P.O.,
KARUNAGAPPALLY TALUK-690 528.
8. RAJEEV UNNI,AGED 35 YEARS,
CHAKALEYIL KIZHAKATHIL VEEDU, ADINADU SOUTH,
KATTILKADAVU P.O., KARUNAGAPPALLY TALUK-690 528.
9. ARUNAN, AGED 58 YEARS,
S/O. KUMARAN, THIRUVATHIRA, ADINADU SOUTH,
KATTILKADAVU P.O., KARUNAGAPPALLY TALUK, PIN-690 528.
10. PRAKASHAN, AGED 38 YEARS,
S/O. DAMODARAN, KALAVARASSERIL, ADINADU SOUTH,
KATTILKADAVU P.O., KARUNAGAPPALLY TALUK-690 528.
R1 TO R5 BY SPL.GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19-08-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 20328 of 2014 (M)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXT.P1 : COPY OF DEED OF TRUST OF TRUST OF THE OMKARA
SWAROOPANANDA MADOM SIVAPURI TRUST.
EXT.P2 : COPY OF PAMPHLET SHOWING THE ACTIVITIES OF THE MADOM.
EXT.P3 : COPY OF NOTICE FOR FREE EYE CHECK UP.
EXT.P3(A): THE TRUE TRANSLATION OF NOTICE.
EXT.P4 : COPY OF THE FIR IN CRIME NO.401/2012 OF KARUNAGAPPALLY
POLICE STATION.
EXT.P4(A): COPY OF TRANSLATION OF CRIME NO.401/2012 OF
KARUNAGAPPALLYPOLICE STATION.
EXT.P5 : COPY OF THE LETTER WRITTEN BY R5 FAVOUR OF PETITIONER
STATING THAT SHE LEAVES THE MADOM SATISFIED.
EXT.P5(A): COPY OF TRANSLATION OF THE LETTER WRITTEN BY R5 IN FAVOUR
OF THE PETITIONER.
EXT.P6 : COPY OF THE PICTURE ON THE INAUGURATION OF THE HINDU
CONFERENCE AT ANANTHAPURI BY THE PETITIONER.
EXT.P6(A): COPY OF TRANSLATION OF THE FOOTNOTE OF THE PHOTOGRAPH
ON THE INAUGURATION OF THE HINDU CONFERENCE.
EXT.P7 : COPY OF ORDER IN WPC NO.6353/2013.
EXT.P8 : COPY OF NOTICE ISSUED COMMUNICATING THE LAUNCH OF DAILY
ANNADANA IN THE MADOM.
EXT.P8(A): COPY OF TRANSLATION OF NOTICE ISSUED COMMUNICATING THE
LAUNCH OF DAILY ANNADANA IN THE MADOM.
EXT.P9 : COPY OF PETITION SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT.
EXT.P10: COPY OF RECEIPT ISSUED BY THE 3RD RESPONDENT.
EXT.P11: TRUE PHOTOGRAPH SHOWING THE FLEX BOARDS TORN OUT BY THE
RESPONDENTS 6 TO 10.
RESPONDENT(S)' EXHIBITS:
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/TRUE COPY/
P.A.TO JUDGE
Kss
ASHOK BHUSHAN, Ag.CJ
& A.M.SHAFFIQUE, J.
* * * * * * * * * * * * *
W.P.C.No.20328 of 2014
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Dated this the 19th day of August 2014
J U D G M E N T
Ashok Bhushan, Ag.CJ Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 6 to 10 in view of the judgment being passed today.
2. Petitioner, who claims to be a saint, has come up in the writ petition seeking a mandamus directing respondents 1 to 5 to give adequate and effective protection to the life of the petitioner in establishing the branches of the Madom in the possible places within the State of Kerala. The learned counsel for the petitioner, during the course of arguments, has made allegations against the private respondents. Reference to a complaint Ext.P9 has also been made wherein it has been alleged that the respondents are W.P.C.No.20328/2014 2 spreading defamatory accusations and the petitioner is being harassed by the respondents. In so far as the prayer made in the writ petition for giving protection to establish the branches of the Madom is concerned, no kind of protection can be provided to the petitioner. It is for him and his organization to take appropriate steps in that regard. In so far as the allegations against private respondents are concerned, the petitioner may file a complaint and take such other remedy, as available in accordance with the Code of Criminal Procedure. We further observe that in the event of any complaint is being filed by the petitioner, the same shall be looked into by the police, in accordance with law.
With these above observations, this writ petition is disposed of.
(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr W.P.C.No.20328/2014 3 W.P.C.No.20328/2014 4 W.P.C.No.20328/2014 5