IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30968 of 2011(U) -------------------------------- PETITIONER(S): ------------------ AJITHKUMAR.M.K, MANAKKAL KIZHAKKEPADIKKAL, KARUVANTHODE, P0ZHUTHANA.P.O, VYTHIRI, WAYANAD. BY ADV. SRI.V.TEKCHAND RESPONDENT(S): -------------------- 1. THE SUB INSPECTOR OF POLICE, VYTHIRIT POLICE STATION, VYTHIRI - 673 576. 2. MOHANAN.N, S/O. AYYAPPAN, NELLIKUNNUMAL HOUSE, POZHUTHANA.P.O, VYTHIRI, WAYANAD - 673 575 3. RAVEENDRAN.P.K, S/O. VASU, PULLEPARAMBIL HOUSE, PARAKUNNU, POZHUTHANA.P.O, VYTHIRI, KAKKANAD - 673 575. GOVT. PLEADER SRI.DHANESH MATHEW MANJOORAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30968 of 2011(U) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE BROCHURE IN RESPECT OF THE KURAVANTHODE SREE BHADRAKALI MUTHAPPANKAVU, POZHUTHANA, VYTHIRI, WAYANAD DIST. EXT.P2:- TRUE COPY OF THE NOTICE DT.20/11/10 ISSUED BY THE TANTRI OF THE TEMPLE. EXT.P3:- TRUE COPY OF THE COMPLAINT DATED 04/05/10 FILED BEFORE THE CHIEF JUDICIAL MAGISTRATE COURT, KALPETTA. EXT.P4:- TRUE COPY OF THE COMMUNICATION DATED 04/11/08 ISSUED BY THE GOVERNMENT. EXT.P5:- TRUE COPY OF THE ORDER DATED 29/10/10. EXT.P6:- TRUE COPY OF the JUDGMENT DT.06/08/11 IN OS NO.129/10. EXT.P7:- TRUE COPY OF THE REPRESENTATION DT.18/10/11 BEFORE THE SUB INSPECTOR OF POLICE, VYTHIRI POLICE STATION. EXT.P8:- TRUE COPY OF THE RECEIPT DT.18/10/11 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.30968 of 2011 ------------------------------------------------ Dated this the 21st day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who claims to be the Shanti of a family temple is seeking protection direction for his life as well as for conducting poojas in the family temple as Shanti. According to the petitioner, he is the Shanti of Kuravanthode Sree Bhadrakali Muthappankavu, Pozhuthana, Vythiri, in Wayanad District and without any justifiable reason respondents 2 and 3 are obstructing to his performing duties as Shanti. He also alleges that the two party respondents are always showering abuses on him and the family members who are coming to the temple. He also alleges that the party respondents, particularly the 3rd respondent threatened him wielding a knife and that he is under fear of death on account of the threats of the party respondents. 2. As directed by us, Sri.Dhanesh Mathew Manjooran, W. P. C. No.30968 of 2011 -2- the learned Government Pleader has taken notice on behalf of the 1st respondent, Sub Inspector of Police. 3. Having considered the averments in the Writ petition and the submissions of Sri.V.Tekchand, the learned counsel for the petitioner, we are of the view that it is not necessary that we examine the truth or otherwise of the averments and allegations in this Writ Petition. Ext.P7 complaint has been submitted by the father of the petitioner before the 1st respondent. The 1st respondent is directed to take up Ext.P7 immediately and to conduct an enquiry into the same. As part of the enquiry, the 1st respondent can either summon or meet respondents 2 and 3. If the enquiry reveals that there is civil disputes between the petitioner and the party respondents over the right to conduct poojas in the temple then the 1st respondent will advise the parties to have resolution of that dispute through the process of a civil court. But if the enquiry reveals that apart from the civil disputes there is threat to the life or limbs of the petitioner or any members of his family from respondents 2 and 3, W. P. C. No.30968 of 2011 -3- then it will be the obligation of the 1st respondent to take necessary action for protecting the lives and limbs of the petitioner and the members of the petitioner's family. The petitioner is directed to send copies of this judgment by registered post with acknowledgment due to respondents 2 and 3 as soon as he receives the same and produce the registration receipt before the 1st respondent. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. TO JUDGE