IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 9415 of 2010(B) ------------------------- PETITIONER(S): --------------- THE MANAGING COMMITTEE OF MALAMELKKAVU SREE VANA DURGA BHAGAWATHI TEMPLE, KSHETHRODHARANA SAMITHI ( SOCIETY REGISTERED UNDER T.C.ACT 12 OF 1955) NO.K.90/97, KOLLADU P.O. KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY, VIJU P.VIJAYAN. BY ADV. SRI.P.S.KRISHNAPILLAI RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOTTAYAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KOTTAYAM. 3. THE CIRCLE INSPECTOR OF POLICE, KOTTAYAM EAST, KOTTAYAM. 4. THE STATION HOUSE OFFICER, KOTTAYAM EAST POLICE STATION, KOTTAYAM. ADDL.R5. AJESH KUMAR, S/O.SIVADASAN, AALAKKATTU MARUTHOOR HOUSE, KOLLADU KARA, KOLLADU P.O., PANACHIKKATTU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. ADDL.R6. C.A.GOPI, CHENGAZHATHU PARAMBIL HOUSE, KOLLADU P.O., PANACHIKKATTU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. (ADDL.R5 AND R6 ARE IMPLEADED AS PER ORDER DATED 23/3/2010 IN I.A.NO.4312 OF 2010.) GOVERNMENT PLEADER SRI.P.N.SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(C).No.9415 of 200 ---------------------------------------- Dated this the 26th day of March 2010 J U D G M E N T Basant,J The petitioner has come to this court with this petition seeking police protection for the conduct of festival at the Sree Vana Durga Bhagawathi Temple. According to the petitioner, there is some dispute regarding the election held to the Committee and the management of the temple. According to him, the committee has been validly and legally elected and they are conducting the festival. Respondents 5 and 6, the petitioner apprehends, are likely to disrupt the proper conduct of the festival. According to the petitioner, from 3 p.m on 28/03/2010 to 3 a.m on 29/03/2010, the Arattu festival is to go on and unless police protection is afforded, peaceful conduct of the festival will not be possible. 2. The 5th respondent has entered appearance. The 6th respondent has not been served. The learned Government Pleader has entered appearance for respondents 1 to 4. The learned counsel for the 5th respondent submits that there are W.P.(C).No.9415/10 : 2 : disputes regarding the election to the Managing Committee and the management of the temple by the petitioner. Be that as it may, the learned counsel for the 5th respondent submits that without prejudice to the contentions regarding the validity of the elections and the authority of the committee to manage the temple, the 5th respondent shall not cause any obstruction against the peaceful conduct of the Arattu festival. The learned Government Pleader, on behalf of respondents 1 to 4, after taking instructions, submits that there are disputes between rival factions about the conduct of the festival; but arrangements have been made to ensure that the conduct of the festival - particularly the Arattu between 3 p.m on 28/3/2010 and 3 a.m on 29/03/2010 shall be conducted peacefully and without any disruption or problems. 3. We accept the submissions of the learned Government Pleader on behalf of respondents 1 to 4 and the learned counsel for the 5th respondent. We are satisfied, in these circumstances, that the police shall take necessary steps to ensure that the conduct of the festival peacefully is not obstructed or impeded by anyone. Accepting that submission of respondents 1 to 5, we are W.P.(C).No.9415/10 : 3 : satisfied that no further directions need be issued in this writ petition. Respondents 1 to 4, we direct, must act in accordance with the undertaking given by the learned Government Pleader. 4. This petition is allowed to the above extent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(C).No.9415/10 : 4 : W.P.(C).No.9415/10 : 5 : R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009