IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 24156 of 2010(T) -------------------------------- PETITIONER(S): --------------------- K.P.MADHAVAN NAIR, S/O.A.KUNHAMBU NAIR, RESIDING AT 'KANAKAPURAM', POST KANATHUR, MULIYAR VILLAGE, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): ----------------------- 1. K.P.RAGESH KUMAR, S/O.LATE RATNAKARAN NAIR, KUNDUMKAL HOUSE, KANATHUR, P..O.KANATHUR, MULIYAR-VIA, KASARAGOD TALUK AND DISTRICT-671 542. 2. K.P.MALINGU NAIR, S/O.A.KUNHAMBU NAIR, 'MOOKAMBIKA NILAYAM', CHENNANGODU, KARADKA, MULIYAR-VIA, KASARAGOD TALUK AND DISTRICT-671 542. 3. K.P.DAMODHARAN NAIR, S/O.A.KUNHAMBU NAIR, 'SHABARI HOUSE', NO.35/1872, SOUTH JANATHA ROAD, KOCHI-25, NOW COME OVER TO KANATHUR, P.O.KANATHUR, MULIYAR VILLAGE, KASARAGOD TALUK AND DISTRICT. PIN-671 542. 4. K.P.MOHANAN NAIR, S/O.KRISHNAN NAIR, R/AT BERLAM HOUSE, P.O.KARADKA, KASARAGOD TALUK, KASARAGOD DISTRICT-671 542. 5. K.P.GANGADHARAN NAIR, S/O.A.KUNHAMBU NAIR, R/AT KUNDUMKAL, KANATHUR, P.O.KANATHUR, MULIYAR VILLAGE, KASARAGOD TALUK AND DISTRICT-671 542. W.P.(C).NO.24156 OF 2010 6. K.P.GOPINATHAN NAIR, S/O.KUNHAMBU NAIR, KOODALA HOUSE, P.O.KANATHUR, MULIYAR VILLAGE, KASARAGOD TALUK AND DISTRICT. PIN-671 542. 7. K.P.PURUSHOTHAMAN, S/O.KUNHAMBU NAIR, R/AT KOODALA HOUSE, KANATHUR POST, MULIYAR-VIA, KASARAGOD TALUK AND DISTRICT-671 542. 8. K.P.MURALIDHARAN NAIR, S/O.KUNHAMBU NAIR, R/AT KOODALA HOUSE, P.O.KANATHUR, MULIYAR-VIA, KASARAGOD TALUK AND DISTRICT-671 542. 9. CHANDRASHEKHARAN NAIR, S/O.LATE KUNHAMBU NAIR, R/AT KOODALA HOUSE, KANATHUR, .P.O.KANATHUR, MULIYAR VIA, KASARAGOD DISTRICT-671 542. 10. K.P.KUNHAMBU NAIR, S/O.A.KUNHAMBU NAIR, R/AT NEAR MAHALINGESHWARA TEMPLE, KANATHUR, P.O.KANATHUR, MULIYAR VIA, KASARAGOD DISTRICT-671 542. 11. THE SUB INSPECTOR OF POLICE, ADHUR POLICE STATION, KASARAGOD DISTRICT-671 543. 12. THE SUPERINTENDENT OF POLICE, KASARAGOD-671 543. 13. STATE OF KERALA, REPRESETNED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. ADV. SRI.T.RAMPRASAD UNNI FOR R1,2,4-8&10 SRI.K.G.RAJEESH FOR R1,2,4-8 & 10 R11 TO R13 BY GP SHRI T.K. VIPINDAS. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C).NO. 24156 OF 2010 T PETITIONER'S EXHIBITS: EXT.P1TRUE COPY OF THE FINAL DECREE IN O.S.NO.22/1939 OF THE SUB COURT, CANARA. EXT.P2TRUE COPY OF THE ORDER PASSED BY THE LEARNED SUBORDINATE JUDGE, KASARAGOD IN E.A.NO.197/2009 DATED 05.12.2009. EXT.P3TRUE COPY OF THE ORDER PASSED BY THE LEARNED SUBORDINATE JUDGE, KASARAGOD IN E.P.78/2009 DATED 23.12.2009. EXT.P4TRUE COPY OF THE DELIVERY ACCOUNT IN E.P.78/09 DATED 22.12.2009. EXT.P5TRUE COPY OF THE DELIVERY RECEIPT IN E.P.78/2009. EXT.P6TRUE COPY OF THE ORDER PASSED BY THE SUB JUDGE, KASARAGOD IN I.A.361/2009 DATED 03.02.2010. EXT.P7TRUE COPY OF THE JUDGMENT DATED 29.08.08 PASSED BY THE MUNSIFF COURT IN O.S.387/2007. EXT.P8TRUE COPY OF THE PETITION DATED 26.7.10 SUBMITTED BY THE PETITIONER BEFORE THE 11TH RESPONDENT. EXT.P9TRUE COPY OF THE PETITION DATED 27.7.10 SUBMITTED BY THE PETITIONER BEFORE THE 12TH RESPONDENT. RESPONDENTS' EXHIBITS; NIL. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(C).NO. 24156 OF 2010 ------------------------------------------ Dated this the 19th August, 2010. JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking the following reliefs: “i) Direct respondents 11 and 12 to provide adequate police protection to the petitioner for the peaceful and smooth functioning of Kanathur Sree Nalvar Daivasthanam, P.O. Kanathur, Kasaragod District. ii) Declare that the action of respondents 1 to 10 in entering the Kanathur Sree Nalvar Daivasthanam abusing the petitioner, threatening him with dire consequences as to his life, threatening and abusing the members of the staff and devotees etc. as illegal.” W.P.(C).NO.24156/2010 T 2 2. Briefly put, the case of the petitioner is as follows: Petitioner is the Managing Trustee of a Daivasthanam which consists of Kottaram, Kavu, Kalari etc. Ext.P1 is a Decree in a partition Suit and the right to manage is passed on after the previous incumbent has been in management for a period of three years. Petitioner is entitled to manage till December, 2012. Allegations are raised, however, against the party respondents. A Counter Affidavit is filed. 3. We heard the learned counsel appearing for the parties. Learned counsel appearing on behalf of respondents 1 to 4 and 8 and 10 would submit that there are civil proceedings pending and the orders passed against them are challenged in the Appellate Court. More importantly, he would submit that the said respondents deny the allegations made by the petitioner against them and he would submit that they have no intention to cause any law and order problem.Shri T. Ramprasad Unni, learned counsel also submits that the party respondents for whom he appears, have W.P.(C).NO.24156/2010 T 3 no intention to physically obstruct the petitioner in the matter of management. We record the said submission. 4. If the petitioner, however, has complained or complains of commission of any cognizable offence before the 11th respondent, the 11th respondent shall proceed to take action in accordance with law on the same. We dispose of the Writ Petition as above. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy// PS to Judge W.P.(C).NO.24156/2010 T 4