IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 8319 of 2010(L) ----------------------------------------------- PETITIONER(S): --------------------- C.DEVASENA VALIAMMA, AGED 60 YEARS, W/O.N.S.MURALIKRISHNA, CHONDATH HOUSE, NALLEPPILLY, PALAKKAD DISTRICT, PRESENTLY RESIDING AT 87/3, NATARAJA NAGAR, CHUNGAM BYEPASS, COIMBATORE-641 045. BY ADV. SMT.C.G.PREETHA RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE CIRCLE INSPECTOR OF POLICE, CHITTOOR POLICE STATION, PALAKKAD DISTRICT. 3. C.GOVINDAN @ RAVI, CHONDATH HOUSE, NALLEPPILLY, PALAKKAD DISTRICT, PIN-678 553. 4. C.SUNILNATH, CHONDATH HOUSE, NALLEPPILLY, PALAKKAD DISTRICT, PIN-678553. R1 & R2 BY GOVERNMENT PLEADER SHRI T.K. VIPINDAS. ADV. SMT.P.K.RADHIKA FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO.8319 OF 2010 L PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 26.02.2010. EXT.P2TRUE COPY OF THE NOTICE PASTED AT THE ENTRANCE OF THE TEMPLE. EXT.P3TRUE COPY OF THE NOTICE DATED 27.02.2010. EXT.P4TRUE COPY OF THE COMPLAINT DATED 27.2.2010. EXT.P5TRUE COPY OF THE NOTICE DATED 08.04.2010. EXT.P6TRUE COPY OF THE STATEMENT PUBLISHED BY THE 4TH RESPONDENT4 WITH REGARD TO THE CONDUCT OF THE FESTIVAL FOR THE YEAR 2009. RESPONDENTS' EXHIBITS: ANNEXURE R3(A) TRUE COPY OF THE NOTICE PUBLISHED BY THE CHONDATH SREE CHUNANGI BHAGAVATHI TEMPLE NELLEPILLY IN THE YEAR 2007. ANNEXURE R3(B) TRUE COPY OF THE NOTICE PUBLISHED BY THE NALLEPILLY CHONDATH BHAGAVATHI TEMPLE KOOTH MAHOTSAVAM IN THE YEAR 2008. ANNEXURE R3(C) TRUE COPY OF THE NOTICE PUBLISHED BY THE NELLEPILLY CHONDATH SREE CHUNANGI BHAGAVATHI TEMPLE KOOTH MAHOTSAVAM IN THE YEAR 2009. ANNEXURE R3(D) PRELIMINARY DECREE & JUDGMENT DATED 31.8.1962 IN OS.NO.91 OF 1957 OF THE SUB COURT, PALAKKAD. // True Copy // PS to Judge K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO. 8319 OF 2010 L --------------------------------------------------- Dated this the 18th March, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court with the following prayers: “a) Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 and 2 to provide police protection for the smooth conduct of the Annual Festival of Chunangi Bhagavathy Temple, Nalleppilly which is to take place from 19.03.2010 to 08.04.2010 for the smooth conduct of the festival and also for obtaining the sword and anklet of the goddess from the ancestral house on all the days of the festival and also for obtaining the jewels of the goddess now in the possession of the 4th respondent on all the days of festival; WPC. NO.8319/2010 L 2 b) Issue a writ of mandamus or other appropriate writ, order or direction directing respondents 1 and 2 to take appropriate legal action to prevent the illegal activities of respondents 3 and 4 including collection of funds in the name of the Koothu Mahotsavam with immediate effect.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is the sole trustee of Chondath Dewaswom which has under it thirteen temples. She became the trustee by virtue of Partition Deed No.41/1952 of Chittoor Sub Registry. As per the said Partition Deed, the eldest female member of the family shall be the trustee in charge of the temple affairs and if such eldest female member is unable to discharge the duties, the mantle would fall on the next eldest female among the rest of the female members. It is stated that the petitioner succeeded the mother of the fourth respondent with effect from 20.03.2009. It is also stated that a meeting of the devotees was held on WPC. NO.8319/2010 L 3 26.02.2010 and a Committee was constituted for conduct of the Annual Festival of the temple for the year 2010. Though respondents 3 and 4 were informed of the meeting, they did not attend. It is stated that on the next day of the meeting, a highly false and misleading notice was issued as Ext.P2, according to the petitioner, by respondents 3 and 4. There is reference to another notice issued by the petitioner. Petitioner gave Ext.P4 complaint before the second respondent. A Counter Affidavit is filed by the third respondent. Therein, it is, inter alia, that the petitioner is not the sole trustee. It is stated that there is a preliminary decree which is referred to. Learned Government Pleader would submit that as in the previous years, law and order will be maintained this year also during the conduct of the festival. We record the said submission and dispose of the Writ Petition directing respondents 1 and 2 to maintain law and order during the festival. However, we make it clear that we are not WPC. NO.8319/2010 L 4 pronouncing on the rights of the parties by virtue of this Judgment. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge