IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 OP(C).No. 632 of 2011(O) ------------------------------------ I.A.680/2011 IN OS.33/2009 of I ADDL. DISTRICT COURT, ERNAKULAM .................... PETITIONERS: -------------------- 1. SIMON T.GEORGE, S/O.GEORGE, KILIYAMANGALAM HOUSE, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 2. N.P. KURIAKOSE @ VETTIKUZHI JOY, S/O.PATHROSE, AGED 58 YEARS, RESIDING AT NADUVILEDATHU PUTHENPURAYIL, EZHAKKARANADU, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI, SRI.RAHUL VENUGOPAL. RESPONDENT(S): ------------------------- 1. K.V. PAUL, AGED 55 YEARS, S/O.VARKEY, KOZHIKKOOTTUTHARAYIL HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686 726. 2. K.C. JOY, AGED 58 YEARS, SON OF CHACKO, KAYYALAPARAMBIL HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT. 3. K.P. JOY, S/O.PAILY, AGED 44 YEARS, RESIDING AT KARIMBALAKKAT HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686 726. 4. FR.P.M. KURIAKOSE, S/O.MATHEW, MOOLAMATTATHIL HOUSE, PRIEST, ST.THOMAS CHURCH, NECHUR, RESIDING AT MOOLAMATTATHIL HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686 726. OP(C).No. 632 of 2011(O) 5. T.K. JOY, S/O.KURIAN, AGED 46 YEARS, THADATHIL PARAMBIL HOUSE, NECHOORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686 726. 6. SOJAN P.ABRAHAM, S/O.ABRAHAM, AGED 45 YEARS, PUNCHILAYIL HOUSE, PAZHOOR P.O., KAROORKARA, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT, PIN-686 726. 7. RAJU JOHN, S/O.JOHN, NADUVILEDATHU, PUTHENPURAYIL HOUSE, (VETTIKUZHIYIL HOUSE), EZHAKKARANADU, MANEED VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT PIN-686 726. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs HARUN-UL-RASHID,J. ------------------------------- O.P.(C). NO. 632 OF 2011 ------------------------------- DATED THIS THE 14TH DAY OF FEBRUARY, 2011 JUDGMENT Plaintiffs in O.S.No.33/2009 on the file of the Additional District Court, Ernakulam are the petitioners in I.A.No.680/2011. Respondents 3 and 5 in the said IA are the petitioners herein. The prayer in the said IA is to direct the Circle Inspector of Police, Piravom to provide adequate police force in order to avoid law and order problem during the conduct of the religious sacraments and other functions in the St. Thomas Church, Nechoor, its cemetery and chapels in connection with the annual feast of the Church proposed to be held from 13/2/2011 to 16/2/2011 to ensure strict compliance of the time schedules stated in the petition. 2. The learned District Judge, Ernakulam by Ext.P6 order dated 11th February, 2011 allowed the prayer in IA.No.680/2011. The learned District Judge noted the fact that during the last year both factions conducted the festival in accordance with the time schedule fixed by the court in -2- O.P(C).No.632/2011 I.A.No.265/2010. The court fixed the time schedule for both factions and ordered that the CI of Police Piravom will oversee the functions and take all precautions to maintain law and order situation in the Church, chapel and cemetery during the religious services by the respective Priests. The festival started on 13/2/11. The religious sacraments and other functions scheduled to be conducted are for four days. By this time two days functions are almost over. What remains is the next two days. The learned counsel for the petitioners complained about the change of timings, which according to him, is not warranted. Since the festival begins and half of the functions are almost over, this Court is not inclined to interfere with the order under challenge. If the petitioners have any grievance regarding the time schedule to be followed in the coming festivals, it is open to the petitioners to move the District Court for appropriate reliefs. With the said observation this original petition is dismissed in limine. HARUN-UL-RASHID, Judge. kcv. -3- O.P(C).No.632/2011