IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5949 OF 2008(G) ------------------------- PETITIONER: ------------ SATHEESAN, S/O. PONNAPPAN ASARI, WORKING AS SENIOR PRIEST (MOOTHAVATHY) IN VELLAYANI SREE BHADRAKALI TEMPLE, VELLAYANI NEMOM P.O., TRIVANDRUM DISTRICT. BY ADV. SRI.J.S.AJITHKUMAR RESPONDENTS: ------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, TRIVANDRUM. 2. COMMISSIONER, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 3. THE SUB GROUP OFFICER, VELLAYANI SREE BHADRAKALI TEMPLE, VELLAYANI, NEMOM P.O., TRIVANDRUM DISTRICT. 4. SIVAKUMAR, S/O. SUBBAYYAN ASARI, THATTAN VILAKOM, VELLAYANI P.O.,THIRUVANANTHAPURAM GOVT. PLEADER SRI. R. LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 5949 of 2008 = = = = = = = = = = = = = = = DATED THIS, THE 20TH DAY OF FEBRUARY, 2008. J U D G M E N T Raman, J. Petitioner is a Senior Priest in Vellayani Sree Bhadrakali Devi Temple. It appears that there is some continuing dispute between the petitioner and the keezhsanthi, the 4th respondent, as is evident from the judgment rendered by this Court in W.P.(C) 9192/2006, filed by the petitioner herein for police protection. Every year, the annual festival is conducted during the month of Kumbham and this year the festival is to be held from 5.3.2008 to 23.4.2008. Petitioner avers that pursuant to the direction issued by this Court in DBA 175/2003, Devaprasnam was conducted in the Temple under the supervision of the Travancore Devaswom Board and according to him, the 4th respondent is causing obstruction to complete the pariharakriya pursuant to such Devaprasnam conducted in 2004. He alleges that the 4th respondent has assaulted the thanthri and a complaint to that effect has been made to the second respondent. The Thanthri has also filed a writ petition before this Court and WP(C) 5949/2008 :2: as per the judgment rendered therein, this Court directed the police authorities to afford necessary protection as and when required. The grievance expressed by the petitioner in this writ petition is that on 9.2.2008, the 4th respondent has forcibly trespassed into his residence and compelled him to take medical leave during the festival season so as to enable the 4th respondent to perform the duties of Moothavathy in his absence. According to the petitioner, he has filed a complaint before the City Police Commissioner. He has also filed Ext.P14 complaint before the second respondent - Commissioner, Travancore Devaswom Board for his interference in the matter so as to see that the festival is conducted smoothly in accordance with the rituals uninterrupted by any interference made by the 4th respondent. 2. In the view we are taking, we are not expressing any finding on the merits of the allegations made by the petitioner as against the 4th respondent and hence it is not necessary to issue notice. 3. The standing counsel appearing for the Devaswom Board submits that the Commissioner will take appropriate decision on Ext.P14 after due consideration of the same after hearing the parties and for the smooth conduct of the festival as per the rituals he will also be deputing the Deputy Commissioner who will directly supervise the rituals to be performed in the WP(C) 5949/2008 :3: temple with the assistance of the Thanthri and there will not be any room for any apprehension as expressed by the petitioner in this regard. The said submission is recorded and we direct that the submission made as above be carried out in all sincerity so that there will not be any occasion for the festival be disturbed by anybody and that the festival will be conducted in accordance with the customs and rituals as herein before followed. The writ petition is closed. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-