IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 8031 of 2011(D) -------------------------------------- PETITIONER(S): ----------------------- MALAMELKKAVU SREE VANA DURGA BHAGAVATHY, TEMPLE,DEVELOPMENT COMMITTEE,(SOCIETY,REGISTERED UNDER.T.C.ACT 12 OF 1995)REG.NO.K.90/97,KOLLAD.P.O,KOTTAYAM, REPRESENTED BY ITS SECRETARY P.C.SASIDHARAN, S/O. P.K.CHELLAPPAN, AGED 58 YEARS,GOKULAM HOUSE, ERAVINALLOOR.P.O,PUTHUPALLY,KOTTAYAM. BY ADVS. SRI.JINU JOSEPH, SRI.RAFFEEKTH KOTTACKAL. RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE,KOTTAYAM, PIN-686 001. 2. THE SUB INSPECTOR OF POLICE,KOTTAYAM EAST POLICE STATION,KOTTAYAM-686 001. 3. AJEESH KUMAR,AGED 30 YEARS, S/O.A.R.SIVADASAN,AALAKKATTU HOUSE,MARUTHOOR HOUSE, KOLLAD.P.O,KOTTAYAM-686 029. R1 & R2 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8031/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF JUDGMENT IN WP(C) 9415/10 DTD. 26/03/2010. P2: COPY OF THE JUDGMENT IN O.S.NO.47/2010 DTD 07/01/2011. P3: COPY OF THE RELEVANT PAGES OF THE FESTIVAL SCHEDULE DTD. 12/03/2011. P4: COPY OF THE REPRESENTATION DTD. 10/03/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(C) NO: 8031 OF 2011 D ----------------------------------------------------------- Dated this the 18th March, 2011. JUDGMENT Basant, J. The petitioner who came to this Court last year with WPC 9415/2010 arraying the very same third respondent as the fifth respondent has come to this Court again this year seeking identical directions as were issued by judgment dated 26-3-2010. 2. The petitioner is a society registered under the T.C Act 12/1955 and manages the temple. The temple festival is taking place. The arrattu festival is to be performed on 19-3- 2011. Petitioner apprehends illegal obstruction from the third respondent. It is in these circumstances that the present application is filed by the petitioner seeking issue of directions of police protection under Art.226. 3. The third respondent has been served but there is no appearance for the third respondent. The learned Govt. Pleader after taking instructions from respondents 1 and 2 submits that the police are making identical arrangements as were made last year to ensure that the conduct of the festival is done peacefully WPC 8031/2011 2 and the same is not obstructed or impeded by any one including the third respondent. 4. We are in these circumstances satisfied that identical arrangements as was made last year vide judgment dated 26-3-2010 can be made this year also. In the absence of any opposition from the third respondent we are proceeding to dispose of this writ petition on the basis of the submissions of the learned counsel for the petitioner, as also the learned Govt. Pleader and in the light of the directions issued last year vide judgment referred to above. 5. This writ petition is in these circumstances allowed. Respondents 1 and 2 are directed to ensure that the peaceful conduct of the temple festival is not obstructed or impeded by any one including the third respondent. Hand over a copy of this judgment to the learned counsel for the petitioner and the learned Govt. Pleader. R.BASANT Judge K. SURENDRA MOHAN Judge jj WPC 8031/2011 3 WPC 8031/2011 4