IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 WP(C).No. 6743 of 2011(P) -------------------------------------- PETITIONER(S): ------------------------ SWAMY GAUDA PADANATHAPURI, AGED 62 YEARS, S/O. KUNJURAMAN PILLAI, SREE VIVEKANANDA YOGA VETHANTHA ASRAMAM, VIVEKANANDAPURAM, PACHA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.K.MADHUSOODHANAN NAIR, SRI.K.K.SETHUKUMAR. RESPONDENT(S): --------------------------- 1. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM - 695 001. 2. SUB INSPECTOR OF POLICE, PALODU POLICE STATION, THIRUVANANTHAPURAM - 695 001. 3. SOBHANAN, MANAGER, S.K.V.H.S., NANNIYODU, VIVEKANANDAPURAM, PACHA P.O., THIRUVANANTHAPURAM-695 562. 4. SAJEEVAN, PEON, S.K.V.H.S., NANNIYODU, VIVEKANANDAPURAM, PACHA P.O., THIRUVANANTHAPURAM - 695 562. R1 & R2 BY GOVERNMENT PLEADER SMT. C.M.CHARISMA R3 & R4 BY ADVS. SRI.VINOD DEV, SRI.PRAMOD J.DEV. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6743/2011 P APPENDIX PETITIONERS' EXHIBIT: P1: COPY OF THE PETITION DTD. 18/02/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: R3(A): COPY OF PLAINT IN O.S.426/2010. R3(B): COPY OF WRITTEN STATEMENT IN O.S.426/2010. /TRUE COPY/ P.S.TO JUDGE Kss PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 6743 of 2011 ----------------------------------------------- Dated this the 19th day of August, 2011 J U D G M E N T Pius C.Kuriakose, J. The petitioner, Swamy Gauda Padanathapuri who claims to be an ascetic engaged in spreading Hindu Vedantha Philosophy in hermitage known as “Sree Vivekananda Yoga Vethantha Asramam” has approached this Court seeking protection for his life and limb and also against the alleged atrocities of respondents 3 and 4 who are allegedly trying to pollute the serenity of the atmosphere of the Asramam of the petitioner. Respondents 3 and 4 are described in the Writ Petition as Manager and Peon respectively of S.K.V.H.S., Nanniyodu, a school which is situated adjacent to the Asramam compound. Respondent Nos.3 and 4 through the counter affidavit filed by them has disputed all the allegations. It is even contended that the third respondent is not the Manager and is only an WP(C). 6743/11 -2- employee of the school. The learned Government Pleader on the basis of the instructions received from the Police Officers submitted that civil disputes are pending between the petitioner and the school management in respect of the Asramam properties and the school properties. He also submitted that there was some dispute over the collection of some stones by the petitioner Swamy from the separating compound wall between the parties, a portion of which had fallen to the ground. According to the learned Govt. Pleader, at the moment, there is no immediate law and order situation. 2. We have heard the submission of Sri. K.Madhusoodhanan Nair, learned counsel for the petitioner and Sri. Vinod J. Dev, learned counsel for the contesting respondents. Sri. Madhusoodhanan Nair would reiterate the averments in the writ petition and submit that there is WP(C). 6743/11 -3- subsisting danger to the life of the petitioner from the party respondents. He submitted that the civil dispute between the petitioner and the school management is pending before the civil court and no protection order as such is necessary over the property in dispute. But apart from ensuring protection for the life and limb of the petitioner, it is necessary that the party respondents are restrained from purported illegalities which will have the effect of affecting serene atmosphere of the Ashramam. Mr.Vinod J. Dev per contra submitted that nothing has been done by anybody in the management of the school or by the school employees so as to arouse fear in the mind of the petitioner. The allegation that waste and other articles are being thrown into the Ashramam campus is without any basis, so submitted by the learned counsel. 3. Having very anxiously considered the rival WP(C). 6743/11 -4- submissions addressed at the Bar we feel that it is the duty of the second respondent to ensure that there is no danger to the life or the limbs of the petitioner Swamy who appears to be an ascetic. Though no material is brought out to accept the allegations of the petitioner that those in the management of the school or in the employment of the school are throwing all sorts of articles to the Ashramam compound we feel that the second respondent should also ensure that under the cover of the property dispute between the parties nobody should be permitted to interfere with the serenity of the Ashramam. Accordingly we dispose of the writ petition directing the second respondent to keep constant vigil over the properties of the Ashramam as well as the school and to ensure that the life and limbs of the petitioner are safe and ensure further that the serenity of the Ashramam and the atmosphere which is expected to be WP(C). 6743/11 -5- maintained in an Ashramam is not being disturbed by anybody by doing anything including throwing of articles. It is needless to clarify that the civil dispute will be settled only through the process of the civil court which the parties have approached. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-