IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 8680 of 2011(H) ------------------------------------- PETITIONER: ------------------- B.ANILKUMAR,PRESIDENT, TEMPLE MANAGER COMMITTEE,SREE KAKKAKOTTOOR SREE MAHADEVER TEMPLE, AMBALATHUKALA,EZHUKON, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.C.P.SAJI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT , TRIVANDRUM- 695 001. 2. THE SUPERINTENDENT OF POLICE, KOTTARAKKARA, KOLLAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, EZHUKONE POLICE STATION,KOTTARAKKARA, KOLLAM DISTRICT- 691 503. 4. RAJEEV,CHARIPURATH VEEDU, KAKKATTOOR, AMBALATHUMKALA,KOLLAM DISTRICT -691 503. 5. VINOD,KATOOR VEEDU, KAKKATTOOR, AMBALATHUMKALA,KOLLAM DISTRICT- 691 503 6. SANTHOSH,MULLACKAL VEEDU, KAKKATTOOR, AMBALATHUMKALA,KOLLAM DISTRICT- 691 503. R1 TO R3 BY GOVT. PLEADER SMT. CHARISMA, R6 BY ADV. SRI.B.MOHANLAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8680/2011-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE ANNOUNCING THE FESTIVAL OF THE KAKKAKOTTOOR SREE MAHADEVER TEMPLE. EXT.P.2: COPY OF THE PETITION DTD. 15/03/2011 SUBMITTED BY THE PETITIONER TO THE R.3. EXT.P.3: COPY OF THE RECEIPT ISSUED BY THE R.3. DTD. 15/03/2011 TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO:8680 OF 2011 H ----------------------------------------------------------- Dated this the 24th March, 2011. JUDGMENT Basant, J. Petitioner (notwithstanding the inconsequential dispute about his real name (Anil Kumar or Sunil Kumar and spelling) is the president of the temple management committee of Sree Kakkakottoor Sree Mahadever Temple. His real name is Sunil Kumar it is submitted. He has come to this Court seeking issue of directions under Art.226 to respondents 2 and 3 police officials under the first respondent State to afford protection for the festival celebration at the Sree Kakkakottoor Sree Mahadever Temple. Contumacious, culpable and violent obstruction is anticipated/apprehended from respondents 4 to 6 against the proper, peaceful and orderly conduct of the temple festival which is to take place from 27-3-2011 to 29-3-2011. 2. According to the petitioner he is the duly effected president of the temple managing committee. Respondents 4 to 6 on account of various reasons have an axe to grind against the petitioner and the temple committee and the petitioner WPC 8680/2011 2 apprehends that respondents 4 to 6 may cause unjustified obstruction to the conduct of the festival during the three days 27-3-2011 to 29-3-2011. It is in these circumstances that the petitioner claims police protection. 3. All respondents have been served. Respondents 1 to 3 are represented by the learned Govt. Pleader. Respondents 4 and 5 though served have not chosen to enter appearance. Sixth respondent alone has entered appearance. The learned counsel for the sixth respondent submits that the sixth respondent has absolutely no intention to cause any obstruction to the proper, orderly and peaceful conduct of the temple festival. Allegations are raised without any bonafides against the sixth respondent. Certain disputes are pending and the civil court is seized of the matter. Be that as it may, the fact that the petitioner is the president of the temple committee and the fact that the festival has to be celebrated by the petitioner are not disputed. 4. The learned Govt. Pleader submits that as usual arrangements have been made by respondents 2 and 3 to afford protection for the proper, orderly and peaceful conduct of the temple festival. Necessary protection shall be given this year also. Respondents 4 to 6 or any others shall not be permitted to WPC 8680/2011 3 obstruct or interfere with the peaceful and orderly conduct of the temple festival. In these circumstances no directions under Art.226 are necessary submits the learned Govt. Pleader. 5. We have considered all the relevant inputs. We agree with the learned Govt. Pleader that it is not necessary to issue any specific directions. We say so because we accept the submissions of the learned Govt. Pleader on behalf of respondents 2 and 3 that necessary arrangements are being made to afford the requisite protection for the celebration of the temple festival from 27-3-2011 to 29-3-2011. 6. Accepting the submissions of the learned Govt. Pleader this petition is dismissed. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 8680/2011 4 WPC 8680/2011 5 Heard admitted. Notice given and learned Govt. Pleader appears for respondents 1 to 3. Issue notice to respondents 4 to 6. Counsel prays and is accordingly permitted to take out notice to respondents 4 to 6 by special messenger. Verify service and call again on 24-3-2011. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 8680/2011 6