IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE K.HARILAL THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 27322 of 2011(M) -------------------------------- PETITIONER(S): ------------------ KTAKKOT SREE MAHAVISHNU MAHALAKSHMI TEMPLE COMMITTEE,THAZHAVA- KADATHUR, BY THE SECRETARY P.KARTHIKEYAN, KARUNAGAPPALLY TALUK,KOLLAM DISTRICT. BY ADV. SRI.K.RAVEENDRAN RESPONDENT(S): -------------------- 1. THE SUPERINTENDENT OF POLICE,KOLLAM 691 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY 691 012. 3. THE CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY 691 012. 4. KISHORE,S/O.VASUDEVAN, KTAKKOT HOUSE, KADATHUR,THAZHAVA, KARUNAGAPPALLY TALUK 691 012 ADV. SRI.S.SUDHEESHKAR FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27322 of 2011(M) APPENDIX PETITIONER'S EXTS EXT.P1:- TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE HT ESUPERINTENDENT OF POLICE, KOLLAM DT.29/09/11. EXT.P2:- TRUE COPY OF THE VOUCHER FOR THE PAYMENT OF RUPEES 3,000/- TO G.BIBIN, THE PRIEST OF the TEMPLE ON 05/07/11. EXT.P3:- TRUE COPY OF THE VOUCHER FOR THE PAYMENT OF RUPEES 3,000/- TO G. BIBIN, THE PRIEST OF THE TEMPLE ON 05/08/11. EXT.P4:- TRUE COPY OF THE VOUCHER FOR THE PAYMNT OF RUPEES 3,000/- TO G.BIBIN, THE PRIST OF THE TEMPLE ON 05/09/11. EXT.P5:- TRUE COPY OF THE VOUCHER TO ONE PANCHAMI FOR RS.600/- SIGNED BY HER ON 07/09/11. EXT.P6:- TRUE COPY OF THE VOUCHER FOR RS.750/- TO SWEEPER OF THE TEMPLE MANIYAMMA SIGNED BY HER ON 05/09/11. EXT.P7:- TRUE COPY OF THE FINAL REPORT IN OR. NO.53/06 OF EXCISE RANGE OFFICE, KARUNAGAPPALLY SUBMITTED BEFORE THE HON. COURT OF JUDICIAL 1ST CLASS MAGISTRATE, KARUNAGAPPALLY. //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & K. HARILAL, JJ. ------------------------------------------------ W. P. C. No.27322 of 2011 ------------------------------------------------ Dated this the 17th day of November, 2011 JUDGMENT Pius C. Kuriakose, J The petitioner who claims to be the Ktakkot Sree Mahavishnu - Mahalakshmi Temple Committee, Thazhava, Kadathur represented by its Secretary, one P.Karthikeyan has filed this Writ Petition seeking police protection against the alleged illegal activities of respondent No.4 and his men for the smooth functioning and conduct of worship in the temple including the renovation works, protection of the valuables and properties of the temple including the idols, hundi, vessels and utensils used for worship in the temple. The 4th respondent is one Kishore who appears to be the member of the family to which Sri.P.Karthikeyan, the signatory to the Writ Petition also belongs. The 4th respondent has filed a counter affidavit produced in Exts.R4 (a) to R4(c) and claiming that he is the duly elected W. P. C. No.27322 of 2011 -2- Secretary of the Committee for administration of the temple. To the above counter affidavit the petitioner has filed a reply producing Exts.P2 to P7 and Ext.P7 will show that the 4th respondent has been involved as accused in a case filed by the Excise Police before the Karunagappally Judicial First Class Magistrate's Court. 2. We have heard the submissions of Sri.K.Ravindran, the learned counsel for the petitioner and those of Sri.S.Sudheeshkar, the learned counsel for the party respondents 4th respondent. We have also heard the submissions of Sri.M.K.Aboobacker, the learned senior Government Pleader. Sri.Aboobacker submitted that this is a case where the signatory to the Writ Petition Sri.Karthikeyan and the 4th respondent claim that they are the duly elected Secretary of the Temple Administration Committee and the reality is that both of them are collecting money from the devotees for construction activities and other activities relating to the temple. 3. Sri.K.Raveendran, and Sri.Sudheeshkar addressed W. P. C. No.27322 of 2011 -3- submissions based on the pleadings raised by the parties and the documents placed on record by them. 4. On considering the rival submissions addressed at the Bar and the materials placed on record by the rival parties, we are of the view that there exists a dispute between the signatory to the Writ Petition and the 4th respondent as to the Secretaryship of the Committee to administer the temple. According to us, the above dispute cannot be settled by us in the present jurisdiction. We relegate the signatory to the Writ Petition and the 4th respondent to a competent civil court to have the above dispute settled and also to have reliefs in respect of the administration of the temple. As far as this case is concerned the only direction which can be issued is the one to ensure that the dispute between the parties do not give rise to law and order situation. We dispose of this Writ Petition directing the 3rd respondent to keep constant vigil over the premises of the temple to which Secretaryship is claimed by the signatory to the Writ Petition as well as by W. P. C. No.27322 of 2011 -4- the 4th respondent and ensure that no law and order situation arises on account of the dispute between Sri.Karthikeyan and the 4th respondent. It should also be ensured that the valuables belonging to the temple such as idols, hundi, utelzils, vessels etc. are all preserved in their existing condition subject to resolution of the dispute by a competent civil court. Sd/- PIUS C. KURIAKOSE JUDGE Sd/- K. HARILAL JUDGE kns/- //True Copy// P. A. To Judge