IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 17918 of 2010(L) -------------------------- PETITIONER: --------------- RESHMI.K., ADVOCATE, ARCHANA, VADAVANNUR, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS: --------------- 1. STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF HOME, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, KOLLAMKODE POLICE STATION, PALAKKAD. 3. MOHANAN, AGED 44 YEARS, S/O.SANKARAN, SREE LAKSHMI TEA STALL, PATTATHALACHI. 4. ARUMUGHAN, AGED 43 YEARS, S/O.KUTTAYI, KOUNDAN KULAMBU, VADAVANNUR AMSOM, CHITTUR TALUK, PALAKKAD. 5. RENJITH, AGED 33 YEARS, S/O.MUTHU, RENJINI NIVAS, VADAVANNUR P.O., CHITTUR TALUK, PALAKKAD. G.P. SHRI T K VIPINDAS FOR R1 & 2. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 17918 of 2010 L - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of June, 2010 JUDGMENT Joseph, J. The petitioner has approached this court seeking the following reliefs: i) issue a writ of mandamus or any other appropriate writ or direction directing the 2nd respondent to provide adequate, sufficient and meaningful protection to the life of the petitioner and other co-owners of the temple and for the construction of a compound wall around the Palakkad Vadavannur Koundan Kulambu Mariamman Kovil (Temple). ii) issue a writ of mandamus or any other appropriate writ or direction directing the 2nd respondent to take W.P.(C).No. 17918 of 2010 2 immediate and effective steps/action pursuant to Exts.P2 and P3 in accordance with law. 2. Briefly the case of the petitioner is as follows. The petitioner is one of the co-owners of the Palakkad, Vadavannur IKoundan Kulamby Mariyamman Kovil, which is a family temple and the administration of the temple is managed by the owners of the temple. No other persons have any role in the management of the temple. O.S.125 of 2010 is pending before the Munsiff Court, Chittoor, in which an interim order was also passed. 3. At present some persons under the leadership of respondents 3 to 5 are forcefully entering the temple premises and using the temple premises for illegal activities. They have destroyed the fencing of the temple. The temple authorities decided to construct a compound wall. It is submitted that respondents 3 to 5 are threatening the petitioner. W.P.(C).No. 17918 of 2010 3 4. We heard learned counsel for the petitioner and the learned Government Pleader. 5. Learned Government Pleader, on instructions, submits that there is a claim of way. In such circumstances it may not be appropriate for this court to entertain the matter. We decline to entertain the writ petition and we relegate the petitioner to approach the appropriate forum seeking appropriate relief. We make it clear that if the petitioner complains of commission of any cognizable offence by respondents 3 to 5, the second respondent shall take appropriate action in accordance with law. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm