IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 32226 of 2010(C) ------------------------------------- PETITIONER(S): ---------------------- M.ASOK KUMAR PANDARATHIL, S/O.OORUM MADATHIL MAHESWARA PANDARATHIL, AGED 82 YEARS, NOW RESIDING AT OORUM MADATHIL, PUTHOOR VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.V.ANIL (K/1480/98) RESPONDENT(S): ------------------------ 1. SUPERINTENDENT OF POLICE, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688 011. 2. DEPUTY SUPERINTENDENT OF POLICE, CHENGANNUR, PIN - 699 121. 3. CIRCLE INSPECTOR OF POLICE, CHENGANNUR, PIN - 699 121. 4. SUB INSPECTOR OF POLICE, CHENGANNUR, PIN - 699 121. BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.32226 of 2010-C ---------------------------------------------- Dated, this the 8th day of November, 2010 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 4 to afford adequate and sufficient police protection to Muthuvazhy Subramonia Swamy Temple and its Poojari and worshipers from the unknown anti social elements who creates constant threat in the temple premise. ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent to take appropriate action on the matter so as to maintain the law and order situation ensuring tranquility in the locality.” 2. Briefly put,the case of the petitioner is as follows. Petitioner is the Manager of the Muthuvazhy Subramonia Swamy Temple and the said temple belongs to their family. There is rumours spread in the locality that the Thazhikakudom (dome) of the sanctum sanctorum of the temple contains a valuable and very costly substance, there WPC 32226/2010 -2- happened series of occurrences for conducting robbery. Five persons were arrested by the police and crime was registered. The said matter is on the committal stage. Recently, there occurred another unpleasant and terrible incident and because of that terror the worshipers and Poojari are under fear. 3. Learned Government Pleader, on instructions, submits as follows: There is a civil case pending between the members of the family of the petitioner regarding the ownership of the temple. In 2008 the Director of Archeology, Thiruvananthapuram has requested the Superintendent of Police, Alappuzha to provide security to the temple in view of the fact that very valuable substance is found in the Thazhikakudom. Beat Register has been established and regular patrolling is being done. Attempt of theft was made and that was thwarted on 16.6.2010. Learned Government Pleader would further submit that effective patrolling is being done and security measures are adopted so as to protect the property of the temple. We record the submission of the learned Government Pleader and dispose of the writ petition in terms of the said submission. We make it clear that, it should WPC 32226/2010 -3- not be understood as meaning that we have pronounced on any issue which is pending before the civil Court and the civil Court is free to decide the matter untrammeled by anything contained in this judgment. We further make it clear that, this must not be treated as a pronouncement of any right in favour of the petitioner who has approached this Court as between the petitioner and any other party to civil suit. This judgment shall not be looked into by the civil Court when the matter is taken up the civil Court. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS