IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 30865 of 2009(C) ----------------------------------------- PETITIONER(S): ------------------------ 1. SADASIVAN NAIR, S/O.GANGADHARAN PILLAI, PEROORPARAMBU VEEDU, KATTAYIKONAM, AYIROORPPARA VILLAGE, PRESIDENT, SREE RAKTHACHAMUNDI TEMPLE, KATTAYIKONAM, AYIROORPPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. K.C. CHANDRA BABU, S/O.KRISHNAMOORTHY, THADATHARIKATHU VEEDU, AYIROORPPARA VILLAGE, SECRETARY, SREE RAKTHACHAMUNDI TEMPLE, KATTAYIKONAM, AYIROORPPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.K.MUHAMMED, SRI.S.VIJI RESPONDENT(S): --------------------------- 1. BABU RAJ, PARADISE HOUSE, KATTAYIKONAM P.O., UDIYAMOOLA, CHANTHAVILA, AYIROORPPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. THOMSON, RESIDING AT B.J. BHAVAN, KATTAYIKONAM P.O., UDIYAMOOLA, CHANTHAVILA, AYIROORPPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. 3. PAULOSE, S/O.JOSEPH, PARADISE HOUSE, KATTAYIKONAM P.O., AYIROORPPARA VILLAGE, THIRUVANANTHAPURAM DISTRICT. WP(C).No. 30865 of 2009(C) 4. SUB INSPECTOR OF POLICE, POTHENCODE, THIRUVANANTHAPURAM DISTRICT. 5. CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM, THIRUVANANTHAPURAM DISTRICT. 6. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM DISTRICT. R1 TO R3 BY ADV. SRI.R.T.PRADEEP, SRI.V.VIJULAL. R4 TO R6 BY GOVT. PLEADER SMT.CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 30865 of 2009(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED EXECUTED BY DILKUMAR IN FAVOUR OF SADASIVAN NAIR DATED 27/01/2009. EXT.P2: COPY OF THE LAND TAX RECEIPT DATED 22/04/2009. EXT.P3: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONERS BEFORE THE 4TH RESPONDENT. EXT.P4: COPY OF THE F.I.R. IN CRIME NO.330/2009 OF THE POTHENCODE POLICE STATION. EXT.P5: COPY OF THE REGISTRATION CERTIFICATE BEARING NO.304/2008 DATED 04/11/2008. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE MASS MEMORANDUM DATED 17/03/2009. EXT.R1(b): COPY OF THE STOP MEMO DATED 20/03/2009. EXT.R1(c): COPY OF THE HEARING NOTICE DATED 27/10/2009. //TRUE COPY// P.S. TO JUDGE rs R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 30865 OF 2009 C ----------------------------------------------------------- Dated this the 10th March, 2011. JUDGMENT Basant, J. The petitioners have come to this Court seeking issue of directions under Art.226 of the Constitution to respondents 4 to 6 to afford protection to the petitioners against illegal, culpable and violent conduct of respondents 1 to 3. According to the petitioners they are president and secretary of Sree Raktha Chamundi temple. Respondents 1 to 3 are raising objections against carrying on of worship in the temple. According to the petitioners respondents 1 to 3 have no legal rights to raise such objection/obstruction. But they are taking law into their hands and raising such objection. Already the petitioners have gone to the civil court and O.S.1823/2009 was filed before the Additional Munsiff's Court, Trivandrum. The learned counsel for the petitioners submits that judgment has been rendered in that civil suit in favour of the petitioners as late as on 8-3-2011. 2. Party respondents 1 to 3 have entered appearance through counsel. According to the counsel for respondents 1 to WPC 30865/2009 2 3 there is no such temple and no worship is going on in such temple. To establish a new place of worship requisite permission has to be obtained from the District Collector. In these circumstances petitioners may not be permitted to arm themselves with an order for police protection. Respondents 1 to 3 shall abide by the decisions of the Civil Courts. They have no intention to take law into their hands and cause any threat/harm/loss to the petitioners. In these circumstances no directions under Art.226 need be issued submits the learned counsel for respondents 1 to 3. 3. The learned Govt. Pleader after taking instruction from respondents 4 to 6 submits that in the perception of respondents 4 to 6 there is no threat to life or property of the petitioners. If there be any such threat petitioners can complain and respondents 1 to 3 shall take necessary action. Parties may be directed to abide by the order of the Civil Court and it is not necessary in these circumstances to issue any directions under Art.226 now submits the learned Govt. Pleader also. 4. We have considered all the relevant circumstances. We note that the parties have already gone to the Civil Court. A submission is made at the Bar that the petitioners have secured WPC 30865/2009 3 a decree in such civil proceedings. We are of the opinion that no specific directions under Art.226 can or need now be issued. Needless to say parties shall be bound to abide by the civil court decree and the police shall be bound to take necessary action if there is any threat of commission of crime or breach of the law and order situation. We accept the submissions of the learned Govt. Pleader that the police shall take necessary action if there be any threat against the life or person of the petitioners. 5. We are in these circumstances satisfied that no specific directions need be issued now. This writ petition is accordingly dismissed with the above observations. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 30865/2009 4