IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 W.P.(C).No. 22714 of 2008(D) PETITIONER: ------------------- KERALA URANMA DEVASOM BOARD, REGISTRATION NO.77/1957, PALLIKAVU MADOM, VADUTHALA, ERNAKULAM REPRESENTED BY IS GENERAL SECRETARY P.M.KRISHNAN NAMBOODIRI. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: ----------------------- 1. THE SUB INSPECTOR OF POLICE, VARAPUZHA. 2. A.R.KRISHNAN THAMPRAKKAL, THUNCHENPARAMBU, TIRUR.P.O, MALAPPURAM DISTRICT. 3. T.S.RATNAKARAN, S/O.SREEDHARAN, THEDAMBIL HOUSE, VALLUVALLY, KOONAMMAVU.P.O. 4. SURESH KUMAR, S/O.RAJAPPAN NAIR, THAIYATH, PUTHENVEEDU, VALLUVALLY. BY ADV. SRI.S.SACHITHANANDA PAI FOR R2 TO 4 SENIOR GOVERNMENT PLEADER SRI.BENJAMIN PAUL SRI.S.SACHITHANANDA PAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/09/2008, ALONG WITH WPC NO. 22937 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 22714 of 2008(D) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the order No.Ad/73/KUDB/07 dated 23-3-2008 issued by the petitioner to the 2nd respondent. Ext.P2: True copy of the notice issued by the 2nd respondent Through his counsel to the petitioner dated 25-3-2008. Ext.P3: True copy of the Minutes of the General Council of the petitioner dated 10-5-2008. Ext.P4: True copy of the order in I.A.No.1253/08 in O.S.No.318/08 passed by the Munsiff's Court, North Paravur. Ext.P5: True copy of the petition submitted by the Executive Officer of the 1st respondent dated 24.7.2007. // True copy // P.A. to Judge jes H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos.22714 & 22937 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September 2008 JUDGMENT A.K.BASHEER, J. These two writ petitions are being disposed of by this common judgment, since the issue involved in them is common. 2. Writ Petition No.22714/08 is filed by Kerala Uranma Devaswom Board. The prayer made by the Board is for issue of a writ of mandamus to respondent No.1 to provide effective and adequate protection to the Board and its employees to conduct the daily religious rites and manage the affairs of Sree Kottuvallykavu Bhagavathy Temple. 3. The grievance of the petitioner in Writ Petition No.22937/08, who is a member of Azhuvanchery Mana, is that he and other members of the family are not being permitted to enter the temple and participate in the day today affairs of the temple. The prayer is to issue a direction to respondent No.1, the Sub Inspector of Police, Varappuzha, to give adequate and sufficient Police protection to the petitioner to participate in the administration of Kottuvallykavu temple. He also prays for Police protection for his life. 4. We have heard learned counsel for the petitioners in these two writ petitions and perused the materials available on record. It is the admitted position W.P.(C)Nos.22714 & 22937 OF 2008 :: 2 :: that a civil suit is pending before the Munsiff's Court, North Paravur, as O.S.318/08 in which the petitioners are parties. The contentions raised in these two writ petitions are in fact subject matters or issues which are admittedly live in the Original Suit pending before the civil court. 5. In that view of the matter, we have no hesitation to hold that this court in exercise of its extra ordinary jurisdiction under Article 226 need not entertain these writ petitions. The parties have to necessarily work out their remedies in the civil suit which is admittedly pending. 6. The writ petitions are therefore closed with liberty to the petitioners to work out their remedies in the said civil suit. It is made clear that we have not considered the merit of the rival contentions raised by the petitioners in these two writ petitions. It will be open to the parties to obtain appropriate interim orders from the civil court, if so warranted. Writ petitions are disposed of as above. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes