IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 2642 of 2011(E) --------------------------------------- PETITIONER(S): ------------------------- CHIDAMBARAN, S/O.GOPALAN, PRESIDENT,UMMAPARAMBU DHARMADEVATHA SANGETHAM, THURAVOOR, RESIDING AT VELEEPARAMBU, THIRUMALABHAGAM P.O., THURAVOOR, CHERTHALA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): ---------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KUTHIATHODU POLICE STATION, CHERTHALA. 2. AJITHKUMAR, S/O.BHASKARAN, DEVAKI SADANAM, MARUTHORVATTOM P.O., CHERTHALA. R1 BY GOVERNMENT PLEADER SRI. T.K.VIPINDAS R2 BY ADV. SRI.K.RAMANATHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2642/2011 E APPENDIX PETITIONER'S EXHIBITS: P1: COPIES OF THE PHOTOGRAPHS OF THE KAVU. P2: COPY OF THE NOTICE REGARDING THE FESTIVAL SCHEDULED TO BE HELD FROM 29TH TO 31ST OFJANUARY 2011. P3: COPY OF THE NOTICE REGARDING THE FESTIVAL BE HELD IN THE YEAR 2008. P4: COPY OF THE NOTICE REGARDING THE FESTIVAL HELD IN THE YEAR 2009. P5: COPY OF THE NOTICE REGARDING THE FESTIVAL HELD IN THE YEAR 2010. P6: COPY OF THE I.A.NO.1635/2010 IN O.S.NO.186/2010 ON THE FILE OF THE SUB COURT, CHERTHALA. P7: COPY OF THE PETITION DTD. 22/01/2011 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R2(1): COPY OF THE KAYCHIT REGARDING DELIVERY OF POSSESSION OF THE SCHEDULE PROPERTY. R2(2): COPY OF THE LAND TAX RECEIPT OF PROPERTY DTD. 15/09/2010. R2(3): COPY OF THE POSSESSION CERTIFICATE DTD. 02/03/2000 ISSUED BY THE TAHSILDAR, CHERTHALA. R2(4): COPY OF THE COMPLAINT DTD. 10/01/2011 FILED BEFORE THE S.I. OF POLICE, KUTHIATHODE. R2(5): COPY OF THE RECEIPT DTD. 10/01/2001 ISSUED FROM THE KUTHIATHODE POLICE STATION. R2(6): ORIGINAL P0HOTOGRAPHS SHOWING THE PROPERTY. /TRUE COPY/ P.S.TO JUDGE Kss R.BASANT & K.SURENDRA MOHAN, JJ. ---------------------------------------------------- W.P.(Civil) No.2642 of 2011 ---------------------------------------------------- Dated this the 28th day of January, 2011 Judgment Basant, J. The petitioner has come to this court seeking issue of directions under Article 226 of the Constitution to the first respondent to afford police protection to the petitioner to conduct the rituals in connection with the festival of a 'Kavu' against which the second respondent is raising objections. According to the petitioner, from time immemorial, such rituals have been conducted. The second respondent is unnecessarily raising objections for the conduct of the rituals this year. The second respondent has also gone to the civil court and O.S.No.186 of 2010 is filed before the Sub Court, Cherthala to restrain the petitioner and others from trespassing into the property and committing any acts/rituals within his property. Declaration of title is also sought. No interim orders have been passed by the civil court. Neither party has been able to obtain any interim orders. That suit was filed on 23.12.2010. 2. In as much as the civil court which is seized of the WPC 2642/2011 2 matter has not passed any interim orders, the petitioner prays that directions may be issued by this court to afford police protection to the petitioner. 3. We have considered the relevant inputs. It appears that there is a dispute between the parties as to whether the rituals are being conducted within the property of the petitioner or outside. At any rate, without and before the civil court passing any directions in the matter, we do not think it necessary to issue any specific directions for police protection in favour of the petitioner in this writ petition. Parties must seek appropriate orders from the civil court. The learned Government Pleader after taking instructions submits that in the perception of the first respondent the 'Kavu' is situated within the property of the 2nd respondent, but the rituals used to be conducted by the petitioner. We note that the petitioner does not even admit that the 'Kavu' is situated within the property of the second respondent. In these circumstances, the stand taken by the learned Government Pleader does not also persuade us to issue WPC 2642/2011 3 any orders in this writ petition in favour of the petitioner. This writ petition is accordingly dismissed. R.BASANT, JUDGE. K.SURENDRA MOHAN, JUDGE. srd