IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 36421 of 2008(J) -------------------------- PETITIONER: ------------- NIRMALANANTHA SWAMI @ KUNCHU NAIR KRISHNAN NAIR, DISCIPLE OF LATE VIMALANANDHA YOGI AGED 84 YEARS,OF MENAMPALLIL AMBIKASHRAM OF PERUNGALE VILLAGE AND VETTEVIL SACHIDHANANDHA ASHRAM, BHARANIKAVU, KATTANAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.SAJITH KUMAR V. SRI.HAREESH.M. RESPONDENTS: ----------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT FOR HOME AFFAIRS, GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE SUPERINTENDENT OF POLICE, THE DISTRICT POLICE HEADQUARTERS, ALLAPUZHA. 3. SUB INSPECTOR OF POLICE, KAYAMKULAM, ALLAPUZHA DISTRICT. 4. CHANDRA SEKHARAN PILLAI @ CHANDRAN PILLA KOTTAKKATTU HOUSE, NADAKKAVU MURI, PERINGHALA VILLAGE, ALAPPUZHA DISTRICT. 5. SIVASANKARAN PILLAI,MEENATHE KZHIKKATHIL MENAMPALLY MURI, PERINGHALA VILLAGE, ALAPPUZHA DISTRICT. WPC : 36421/2008 * ADDL 6. OM ABIKSHRAMAM CHARITABLE TRUST, REG. NO.402/02 MENAMPALLY, PATHIYOOR 690 552, REPRESENTED BY ITS PRESIDENT DR.K. SUKUMARA PILLAI. ( IMPLEADED AS PER ORDER IN IA NO.16205/08 DT.19.12.08) R1 TO R3 BY SENIOR GOVT. PLEADER, BENJAMIN PAUL ADDL. R6 BY ADV. SMT.SABINA JAYAN SRI.GEORGE T.THACHETT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 36421/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE INJUNCTION ORDER IN OS 2/1987 OF THE MUNSIFFS COURT, KAYAMKULAM. EXT.P2 : TRUE COPY OF DECREE DATED 30.09.1982 IN OS 120/81 F THE MUNSIFFS COURT, KAYAMKULAM. EXT.P3 : TRUE COPY OF CERIFIED COPY OF THE BARICATED TRUST DEED DATED 03.10.1989. EXT.P4 : TRUE COPY OF THE COMPLAINT DATED 04.12.08 MADE BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5 : TRUE COPY OF THE APPLICATION DATED 05.11.08 GIVEN BY THE 4TH AND 5TH RESPONDENT BFORE THE SURVEY SUPERINTENDENT. ADDL. 6TH RESPONDENT'S EXHIBITS: ANNEXURE - I : TRUE COPY OF THE NOTICE DATED 18.09.08 ISSUED BY THE PETITIONER. ANNEXURE - II : TRUE COPY OF THE COMPLAINT DATED 07.12.08 BEFORE THE DY.S.P. ANNEXURE - III : TRUE COPY OF THE REGISTRATION CETIFICATE. ANNEXURE - IV, IVA, IV B : TRUE COPIES OF THE RECEIPT OF THE ANNUAL RETURNS FROM 2002-08. ANNEXURE - V : TRUE COPY OF THE REPRESENTATION DATED 10.12.08 SUBMITTED BY THE PETITIONER BEFORE THE S.P. ALAPPUZHA. /TRUE COPY/ PA TO JUDGE K. BALAKRISHNAN NAIR & M.C. HARI RANI JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 36421 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2008 JUDGMENT BALAKRISHNAN NAIR, J The petitioner is the 'Madaathipathi' of two ashrams. There are some disputes regarding the management of one of the ashrams called Menampalil Ashram. The petitioner alleges that a group of persons, under the leadership of respondents 4 and 5, trespassed into the said Ashram, broke open its locks and committed mischief. The devotees of the petitioner present there were threatened and they were told that the petitioner will be killed. The said incident took place on 04.12.2008. At the relevant time, the petitioner was not in that ashram. But, in view of the above threat, he cannot go there. So, he preferred Ext.P4 complaint before police seeking necessary police protection to his life. Petitioner also submits that certain persons registered a new Trust for the management of the aforesaid ashram behind his back. He came to know this only recently. So, he has preferred OS No.306 of 2008, before Sub Court, Mavelikkara to nullify that trust deed and the Sub Court passed an interim order of WPC : 36421/2008 -:2:- status quo also. 2. Learned Government Pleader, on instructions, submitted that the allegations contained in Ext.P4 are unfounded. The petitioner is staying elsewhere and there is no threat to his life. 3. Though notice was served on respondents 4 and 5, they did not appear for contesting the matter. 4. We heard the additional 6th respondent. He submitted that respondents 4 and 5 are not interested in the subject matter and they have been impleaded to get orders behind the back of real persons concerned in the dispute. The 6th respondent would submit that there is no threat to the life of the petitioner from any side. There is no dispute regarding the management of the properties of the aforementioned ashram. The petitioner wants to handle it exclusively as if it is his private property. The members of the Trust including the additional 6th respondent are only opposing that. The petitioner can at any time come to the ashram and no one will cause any obstruction to him or threaten his life. We notice the submission of the learned Government Pleader that there is no threat to the life of the petitioner. We also record the WPC : 36421/2008 -:3:- submission of the 6th respondent that he or other Trust members have no intention to physically harm the petitioner or attack him. Recording those submissions, this writ petition is disposed of. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ttb