IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(C).No. 29334 of 2009(J) -------------------------- PETITIONER(S): --------------- MOHANAN NAIR, S/O.MADHAVA PANICKER, AGED 65 YEARS, CHERUPADICKAL @ VAZHUVELIL HOUSE, PERUVANTHANAM KARA, PERUVANTHANAM VILLAGE, PEERMEDU TALUK- IDUKKI DISTRICT. BY ADV. SRI.A.C.DEVASIA RESPONDENT(S): --------------- 1. RADHAKRISHNAN @ SASI, S/O.KESHAVA PANICKER, VAZHUVELIL HOUSE, MUNDAKKAYAM, MUNDAKKAYAM VILLAGE- KOTTAYAM DISTRICT. 2. PURUSHOTHAMAN @ PURUSHAN, S/O.KESHAVA PANICKER, VAZHUVELIL HOUSE, PERUVANTHANAM KARA, PERUVANTHANAM VILLAGE. 3. SUB INSPECTOR OF POLICE, PERUVANTHANAM POLICE STATION, PERUVANTHANAM- PEERMEDU TALUK, IDUKKI DISTRICT. 4. CIRCLE INSPECTOR OF POLICE, PEERMEDU, LPEERMEDU TALUK, IDUKKI DISTRICT. R1 & R2 BY ADV. SRI.SUNIL V.MOHAMMED R3 & R4 BY GOVERNMENT PLEADER T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29334 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE JUDGMENT DATED 13.4.2007 IN O.S.NO.14/2004 OF THE SUB COURT OF THE KATTAPPANA. EXT.P2: TRUE COPY OF THE DECREE DATED 13.4.2007 IN O.S.NO.14/2004. EXT.P3: TRUE COPY OF THE NOTICE DETAILING THE FUNCTION DATED 15.9.2009. EXT.P4: TRUE COPY OF THE PHOTOGRAPHS. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 14.10.2009. RESPONDENTS' EXHIBITS: EXT.R1(A): TRUE COPY OF THE PARTITION DEED NO.5264/1120 ME (1944-OF KANJIRAPPALLY SRO). EXT.R1(B): TRUE COPY OF THE I.A.NO.3513/2009 IN RFA NO.653/2007. EXT.R1(C): TRUE COPY OF THE PLAINT IN O.S.NO.14/2004 OF SUB COURT, KATTAPPANA. EXT.R1(D):TRUE COPY OF THE RECEIPT ISSUED BY PERUVANTHANAM POLICE STATIOIN NUMBERED AS 127/2006. EXT.R1(E):TRUE COPY OF THE FIR NO.179/2009 OF PERUVANTHANAM POLICE STATION. EXT.R1(F): TRUE COPY OF THE PLAINT IN O.S.NO.214/2009 BEFORE SUB COURT, KATTAPPANA. EXT.R1(F): TRUE COPY OF THE COMPLAINT DATED 16.10.2009 FILED BEFORE THE C.I. PEERMADE, ALONG WITH THE RECEIPT SERVED ON THE PETITIONER. //true copy// P.S. To Judge SK/- KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C).No.29334 of 2009 ---------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT Kurian Joseph, J. The writ petition is filed with the following prayer: “Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to provide adequate and sufficient police protection to the petitioner and Vazhuveli family members for conducting Bhagavatha Sapthaha Yagnam in Dharmasashtha Temple situated in the property at Peruvanthanam, as scheduled, during 19-10-2009 - 27-10-2009.” 2. On 20.10.2009, this court passed the following order: “Heard. Respondents 1 and 2 shall also be allowed to be associated with the Bhagavatha Sapthaha Yagnam going on now.” 3. On 23.10.2009, this court passed a further order, which reads as follows: “We request both sides to sincerely co- operate with the conduct of Bhagavatha Sapthaha Yagnam. We make it clear that either by the conduct of the Sapthaha or by the participation therein the parties will not have any additional equity. We make it clear that it will be open to the entire members of the family to participate om the Sapthaha.” W.P.(C).No.29334 of 2009 :: 2 :: 4. Now the Sapthaha Yagnam is over. It is, therefore, made clear that it will be open to the appropriate forums to examine the respective rights of the parties and the order passed by this court for the conduct of Yagnam will not stand in the way of such examination. We further make it clear that no party has been conferred with any special authority by this court in the management of the affairs of the temple and it is for the parties, in case of any dispute, to seek appropriate clarification from the Civil Court. The writ petition is disposed of as above. Sd/- (KURIAN JOSEPH) JUDGE Sd/- (C.T.RAVIKUMAR) JUDGE SK/- //true copy//