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 2ND AUGUST 2011 / 11TH SRAVANA 1933 WP(C).No. 20135 of 2011(N) --------------------------------------- PETITIONER(S): ------------------------ VIJAYAKUMAR @ JAYACHANDRAN S/O.BHARGAVI THAMBAI, PANAMUGHATHU MALIYEKKAL NEAR RAILWAY STATION, WADAKKANCHERRY, THRISSUR. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): -------------------------- 1. SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, KANIMANGALAM, THRISSUR-680 027. 2. THE CIRCLE INSPECTOR OF POLICE NEDUPUZHA POLICE STATION, KANIMANGALAM, THRISSUR-680 027. 3. K. BABU, S/O.RAMANANTHAN NAIR, KALAPPURAKKAL HOUSE, PANAMUKKU, NEDUPUZHA, THRISSUR-680 015. 4. SUDHAKARAN KARTHA, PANAMUKKATH MALIYEKKAL HOUSE, KANIMANGALAM P.O., THRISSUR DISTRICT, PIN-680 027. 5. COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY, DEVASWOM BOARD BUILDINGS, THRISSUR-680 001. R1 & R2 BY GOVT. PLEADER SMT.CHARISMA. R5 BY ADV. MR.N. REGHURAJ, SC. SMT.P.K.RADHIKA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 20135 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT DATED 09/02/2011 IN WP(C) NO. 7063/2010. EXT.P2; COPY OF THE ORDER DATED 08/03/2011. EXT.P3: COPY OF THE ORDER DATED 26/03/2011. EXT.P4: COPY OF THE JUDGMENT DATED 01/04/2011 IN SLP NO.7748/2011. EXT.P5: COPY OF THE NOTICE PUBLISHED BY THE 3RD RESPONDENT. EXT.P6: COPY OF THE COMPLAINT DATED 19/07/2011 FILED BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- WP(C).NO. 20135 of 2011 --------------------------------- Dated this the 2nd day of August, 2011 JUDGMENT Pius C.Kuriakose,J. The petitioner, the Hereditary Trustee of Valiyalukkal Group of Devaswom has approached this court seeking police protection in the matter of petitioner taking charge of the management of Mambazhakkadu Sastha Temple in Kanimangalam. It is alleged by the petitioner that though Ext.P1 judgment of this court has attained finality and the supreme court has dismissed SLP.No.7748/2011 filed against Ext.P1 by Ext.P4 judgment, respondents 3 and 4 are creating trouble in the matter of the petitioner taking over the management of the said temple. Ext.P5 circular published by those respondents will show that the allegations which the petitioner has made in this writ petition against them is correct. As Ext.P1 has attained finality under Ext.P4 we do not find any justification for the objection raised by respondents 3 and 4. Though notice was sent to them by special messenger they are not chosen to appear before this court. WP(C) .20135/2011 2 Under the above circumstances we are inclined to allow this writ petition. 2. Allowing this writ petition we direct respondents 1 and 2 to provide sufficient and effective protection to the petitioner in the matter of taking charge of the management of the Mambazhakkadu Sastha Temple in Kanimangalam, in case of any obstruction from the part of respondents 3 and 4 or anybody acting under them for the same. We also direct the 5th respondent Cochin Devaswom Board to take appropriate steps for ensuring compliance with Exts.P2 and P3 orders under which respondents 3 and 4 are bound to handover the gold, money and other valuables owned by the temple to the petitioner when he is taking charge of the management. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ WP(C) .20135/2011 3