IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 750 of 2011(P) ---------------------- PETITIONER : --------------------- VISHNU NAMBOODIRI, S/O.NEELAKANDAN NAMBOODIRI, AGED 82, AGRICULTURIST, ALAKKATTU ILLOM, PUOTHENCHIRA VILLAGE, DESOM, MUKUNDAPURAM TALUK. BY ADVS. SRI.P.B.KRISHNAN SMT.GEETHA P.MENON SRI. N. AJITH SRI.P.B.SUBRAMANYAN SRI.P.M.NEELAKANDAN RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, OFFICE OF OTHE SUPERINTENDENT OF POLICE, AYYANTHOLE, THRISSUR 680 003. 2. THE CIRCLE INSPECTOR OF POLICE, MALA CIRCLE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, MALA,THRISSUR 680 732. 3. THE SUB INSPECTOR OF POLICE, MALA POLICE STATION, MALA, THRISSUR DISTRICT 680 732. 4. RAMANUNNI @ RAMAN NAMBOODIRI, S/O.THANNIYIL MATHIYATH ILLATHU PARAMESWARAN NAMBOODIRI, PUTHENCHIRA VILLAGE, DESOM, MUKUNDAPURAM TALUK,THRISSUR DISTRICT 680 682. 5. PARAMESWARAN NAMBOODIRI S/O.PARAMESWARAN NAMBOODIRI THEKKE THANNIYIL MATHIYATH ILLOM, PUTHENCHRIRA VILLAGE, DESOM, MUKUNDAPOURAM TALUK, THRISSUR DISTRICT 680 682. R1 TO R3 BY GOVT. PLEADER SRI. T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn R.BASANT & K.SURENDRA MOHAN, JJ. ------------------------------------------- WPC No.750 of 2011 ------------------------------------------- Dated this the 10th January, 2011 JUDGMENT Basant, J. The petitioner claims to be the Karanavan of an illam who, pending framing of scheme as per a preliminary decree passed by the trial court, has the right to administer the temple and conduct the festival in the temple. The festival is to commence on 11.1.2011. During the previous year, identical directions were obtained as can be seen from Ext.P3. According to the petitioner, while Ext.P3 was in force, there were some disputes about the conduct of the festival. Notwithstanding Ext.P3, the respondents had indulged in objectionable conduct, it is alleged. A complaint regarding that was made to the appellate court before which the matter is pending. It is in these circumstances that the festival is to be celebrated now from 11.1.2011. The petitioner had approached the appellate court and had obtained identical directions vide Ext.P9 order. The petitioner now apprehends that instances may recur and there may be problems this year also in the conduct of the festival notwithstanding Ext.P9 directions issued by the appellate court WPC No.750/2011 2 in the pending proceedings. 2. We have no hesitation to agree that Ext.P9 will have to be observed by all concerned scrupulously. If there be any failure/omission to comply with the directions in Ext.P9, it is up to the aggrieved party to seek appropriate further directions from the appellate court before which the appeal is pending. We are not persuaded to agree that any directions can, need or deserve to be issued to the police for implementation of Ext.P9. The parties have not chosen to seek directions from the court which passed Ext.P9. Ext.P9 order has not been challenged in appropriate proceedings. In these circumstances, we are satisfied that no directions need now be issued under Article 226 of the Constitution. 3. This writ petition is in these circumstances dismissed. Needless to say, if there be any conduct inconsistent with or in violation of Ext.P9, the petitioner shall be at liberty to seek emergent directions from the appellate court which has passed Ext.P9 order. R.BASANT JUDGE K.SURENDRA MOHAN JUDGE css/