IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 6169 of 2010(U) ------------------------------------------------- PETITIONER(S): ---------------------- 1. GOPALAN UNNITHAN, S/O.KUNJUNNI KAIMAL, AGED 71,KANNAMATHU VEEDU, ANGADICKAL TEMPLE, KODUMON, PATHANAMTHITTA DISTRICT,(PRESIDENT, KODUMON ANGADICKAL THEKKU MANAKKADU, BHAGAVATHY TEMPLE, ADMINISTRATIVE COMMITTEE). 2. SASANKAN PILLAI, S/O.NANU KURUP, CHAMAKKALE THEKKATHIL, ANGADICKAL SOUTH, KODUMON, PATHANAMTHITTA DISTRICT. (SECRETARY, KODUMON ANGADICKAL THEKKU, MANAKKATTU BHAGAVATHY TEMPLE ADMINSTRATIVE COMMITTEE). 3. K.SREEDHARAN PILLAI, AGED 65, S/O.KRISHNAN NAIR, SREE SADANAM, ANGADICKAL THEKKU P.O., KODUMON (VIA),PATHANAMTHITTA DISTRICT (PRESIDENT,BHUVANESWARY VILASAM NSS KARAYOGAM NO. 435,ANGADICKAL THEKKEKKARA MURI). 4. S.SREEDHARAN,AGED 59, S/O.SANKARA KURUP, RESMI BHAVAN, ANGADICKAL SOUTH P.O., KODUMON, PATHANAMTHITTA DISTRICT. (PRESIDENT, NSS KARAYOGAM NO.3264, ANGADICKAL THEKKU KODUMON). BY ADV. SRI.P.B.KRISHNAN SRI. R.SURAJ KUMAR SMT. GEETHA P.MENON SRI. N.AJITH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT HOME AFFAIRS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. WPC.NO.6169 OF 2010 U 2. THE DISTRICT SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. THE CIRCLE INSPECTOR OF POLICE, PANDALAM, PATHANAMTHITTA DISTRICT. 4. THE SUB INSPECTOR OF POLICE, KODUMON, ANGADICKAL THEKKU, PATHANAMTHITTA DISTRICT. 5. BIJURAJ, PERUMBALLIL PADINJARE ILLAM, KODUMON, ANGADICKAL THEKKU, PATHANAMTHITTA DIST. 6. PURUSHOTHAMAN NAMBIATHIRI, PERUMBALLIL PADINJARE ILLAM, ANGADICKAL THEKKU, PATHANAMTHITTA DISTRICT. 7. UNNIKRISHNAN NAIR, KARTHIKA, ANGADICKAL THEKKU, KODUMON, PATHANAMTHITTA DISTRICT. 8. SREEJITH, PUTHAMPURA THEKKETHIL, ANGADICKAL THEKKU, KODUMON, PATHANAMTHITTA DIST. 9. SIVARAMAN, ILLATHUMURUPPEL, ANGADICKAL THEKKU P.O., KODUMON, PATHANAMTHITTA DISTRICT. 10. JAYACHANDRAN, MANNAMPUZHA, ANGADICKAL THEKKU, KODUMON, PATHANAMTHITTA DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SHRI P.N. SUKUMARAN. 7THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(C). NO.6169 OF 2010 U --------------------------------------------------- Dated this the 1st March, 2010 JUDGMENT K.M. Joseph, J. Prayers in the Writ Petition are as follows: “i) Issue a writ of mandamus or any other writ, orders or direction to respondents 3 and 4 to grant effective and adequate police protection, to the lives of the petitioners, to Kodumon Angadickal Manakkadu Devi Temple, and its assets and to the devotees offering worships in the said Temple. ii) Issue a writ of mandamus or any other writ, order or direction to respondents 3 and 4 to maintain law and order during the Parakkezhunnallathu ceremony to be conducted from 26th to 28th of February, 2010 at Kodumon Angadickal Thekku. iii) Issue a writ of mandamus or any other writ, order of direction to respondents 3 and 4 to take action on Exhibits P4, P5 and P9 complaints.” 2. Briefly put, the case of the petitioners, is as follows: WPC.6169 OF 2010 U 2 Petitioners claim to be Office Bearers of Kodumon Angadickal Manakkad Devi Temple Administrative Committee. Respondents 5 and another instituted a Suit against the petitioners and others for a declaration that the agreements dated 15.11.1988 and 7.1.1982 executed between defendants 1 and 2 on the one hand and defendants 7, 8 and 9 on the other hand, are null and void or in the alternative to set aside the said agreements, to recover from defendants 7, 8 and 9 the plaint schedule item No.3, to declare the 2/5th right and title of the plaintiffs over the plaint schedule properties and for restraining defendants 7, 8 and 9 by a permanent prohibitory injunction from interfering with the administration of the temple which is alleged to be conducted by Perumballi Illam. It is stated that the petitioners herein also instituted a Suit. Both the Suits were dismissed by Ext.P1 Judgment. Appeals are pending against the same. It is in the meantime that the petitioners have approached this Court. Petitioners have also filed Exts.P4, P5 and P9 complaints. WPC.6169 OF 2010 U 3 3. We heard the learned counsel for the petitioners and the learned Government Pleader. As far as prayers (i) and (ii) are concerned, they have become infructuous as the festival is admittedly over and it is also submitted that no untoward incident had occurred. As far as the third prayer is concerned, we think that it is for the petitioners to seek remedies elsewhere in the appropriate Forum. Without prejudice to the right of the petitioners to pursue the remedies elsewhere in regard to the third prayer sought, this Writ Petition is disposed of. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge