IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 34880 of 2010(H) ------------------------------------- PETITIONER(S): ---------------------- MUKKOTTIL BHAGAVATHY DEVASWOM REPRESENTED BY MUKKOTTIL BHAGAVATHY DEVASWOM BHARANA SAMITHI THROUGH ITS SECRETARY K.MANOHARAN, AGED 46 YEARS, PATTAMANA KIZHAKKETHIL UDAMPEOOR, P.O.UDAMPEOOR. BY ADV. SRI.K.V.JAYACHANDRAN SRI.RAJU V.MATHEW RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM, KAKKANAD-682 030. 2. CIRCLE INSPECTOR OF POLICE, THEVARA POLICE STATION, THEVARA-682 013, KOCHI. 3. SUB INSPECTOR OF POLICE, KADAVANTHARA POLICE STATION, KADAVANTHRA, KOCHI-682 020. 4. E.A.S.NAMBOODIRIPAD, CHEMBAKASSERI, EDATHAMARA MANA, GIRINAGAR NORTH, NEAR KADAVANTHARA CENTRAL SCHOOL, KOCHI-20. 5. RAJESH, S/O.E.A.S.NAMBOODIRIPAD, CHEMBAKASSERI, EDATHAMARA MANA, GIRINAGAR NORTH, NEAR KADAVANTHRARA CENTRAL SCHOOL, KOCHI-20. R1 TO R3 BY GOVERNMENT PLEADER SRI.T.K.VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.C.HARI RANI, JJ. ------------------------------------------------------ W.P.(C) No.34880 of 2010-H ---------------------------------------------- Dated, this the 30th 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 such other appropriate writ order or directions to the respondents 1 to 3 to give police protection to the life of the office bearers of the petitioner. ii) to issue a writ of mandamus or such other appropriate writ order or directions to the respondents 1 to 3 to give police protection to the properties of the petitioner.” 2. Briefly put, the case of the petitioner is as follows: Petitioner is a private temple having several properties. Reference is made to the scheme suit O.S.137/1997 of Sub Court, Ernakulam . There is a Bharana samithy to manage the affairs of the temple and its properties. Respondents 4 and 5 are attempting to snatch away the property of the petitioner. There is allegation of the Village Officer interfering in the matter. Respondents 4 and 5 with the aid of one Prince, a real estate broker is doing all the things and the Village Officer is working hand in hand with WPC 34880 of 2010 -2- respondents 4 and 5. 3. We had directed the Government Pleader to get instructions. The learned Government Pleader, on instructions, submits that the Village Officer went only to measure the property of the respondents 4 and 5 as per the revenue records and there is some dispute regarding the boundary and he mentioned that he can measure only as per the survey records and the parties may approach the Taluk Surveyor. 4. Going by the nature of the pleadings we would think that the petitioner has alternate remedy of approaching the competent civil Court. It has a complaint that action has not been taken on the complaint filed before the police. Then it has got another remedy. Without prejudice to the remedies available to the petitioner we dispose of the writ petition. (K.M.JOSEPH) JUDGE. (M.C.HARI RANI) JUDGE. MS