IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 28245 of 2007(K) -------------------------- PETITIONER: ------------ COL.R.SASIDHARAN, EXECUTIVE OFFICER, SREE PADMANABHA SWAMI TEMPLE, FORT, THIRUVANANTHAPURAM. BY ADV. SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW RESPONDENTS: ------------- 1. CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 2. ASST. COMMISSIONER OF POLICE, FORT, THIRUVANANTHAPURAM. 3. CIRCLE INSPECTOR OF POLICE, FORT, THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, FORT, THIRUVANANTHAPURAM. 5. K.PADMANABHA DAS, SREE PADMANABHA SWAMI TEMPLE OFFICER CLERK, WEST NADA, FORT THIRUVANANTHAPURAM. 6. SREE KUMAR, SREE PADMANABHA SWAMI TEMPLE OFFICER CLERK, WEST NADA, FORT THIRUVANANTHAPURAM. 7. P.K.MOHAN KUMAR, SREE PADMANABHA SWAMI TEMPLE OFFICER CLERK, WEST NADA, FORT THIRUVANANTHAPURAM. 8. M.A.VINOD KUMAR, SREE PADMANABHA SWAMI TEMPLE TICKET CLERK, WEST NADA, FORT, THIRUVANANTHAPURAM. WPC 28245/07 9. K.U.ANIL KUMAR, SREE PADMANABHA SWAMI TEMPLE TICKET CLERK, WEST NADA, FORT, THIRUVANANTHAPURAM. 10. M.P.NARAYANAN, SREE PADMANABHA SWAMI TEMPLE TICKET CLERK, WEST NADA, FORT, THIRUVANANTHAPURAM. BY ADV. SRI.N.NAGARESH FOR R6 SRI.SUBHASH CYRIAC FOR R9 SRI.T.K.ANANDA PADMANABHAN FOR R5 SMT.S.LAKSHMY (ATTINGAL) FOR R5 SRI.D.A.MANISH FOR R5 SRI.PIRAPPANCODE V.S.SUDHIR FOR R8 SRI.D.SOMASUNDARAM FOR R10 SRI.M.BALAGOVINDAN – R7 GOVT. PLEADER SRI.BENJAMIN PAUL – R1 TO R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 28245/07 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE COMPLAINT DATED 22.9.07 SUBMITTED BY THE PETITIONER BEFORE THE POLICE AUTHORITIES. EXT.P2 - TRUE COPY OF THE COMPLAINT DATED 22.9.07 SUBMITTED BY THE PETITIONER REGARDING THE INCIDENT WHICH OCCURRED ON 20.9.2007. EXT.P3 - TRUE COPY OF THE COMPLAINT DATED 24.9.2007 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P3(a) - TRUE COPY OF THE RECEIPT NUMBER 316/09 ISSUED BY THE FORT POLICE REGARDING THE SUBMISSION OF EXHIBIT P3 PETITION. EXT.P4 - TRUE COPY OF THE NOTICE DATED 25.9.2007. EXT.P5 - THE TRUE COPY OF THE NOTICE DATED 12.10.2007 ISSUED BY THE PETITIONER. EXT.P6 - THE TRUE COPY OF THE NOTICE DATED 26..09.2007 TO THE 5TH RESPONDENT. EXT.P6(a) - THE TRUE COPY OF THE NOTICE DATED 26.09.2007. EXT.P7 - TRUE COPY OF THE MEMO OF CHARGES DATED 1.10.2007. EXT.P8 - THE TRUE COPY OF THE NOITCE DATED 23.10.2007. EXT.P9 - THE TRUE COPY OF THE PETITION DATED 26.10.2007. EXT.P10 - THE TRUE COPY OF THE PETITION DATED 27.10.2007. EXT.P11 - THE TRUE COPY OF THE COMPLAINT DATED 8.1.2008. EXT.P12 - THE TRUE COPY OF THE COMPLAINT DATED 29.4.2008. EXT.P13 - TRUE COPY OF THE LETTER DATD 29.4.2008. EXT.P14 - TRUE COPY OF THE MEMO DATED 6.5.2008. EXTS.P15 & P15(a) - TRUE COPY OF THE REQUEST GIVEN BY THE POOJARIES. EXT.P16 - THE TRUE COPY OF THE JUDGMENT DATED 12.6.2008 IN WPC NO.9501/2008. RESPONDENTS' EXTS. EXT.R5A - COPY OF THE SUIT NUMBER O.S.625/2007 PENDING BEFORE THE HON'BLE SUB COURT, TRIVANDRUM. EXT.R5B - COPY OF THE ORDER OF INJUNCTION DATED 19.06.2007. EXT.R5C - COPY OF THE COMPLAINT DATED 24.09.2007 BEFORE THE FORT POLICE STATION, THIRUVANANTHAPURAM. EXT.R5D - COPY OF THE INTIMATION GIVEN BY THE PERIA NAMBI (CHIEF PRIEST) OF SREE PADMANABHASWAMY TEMPLE. WPC 28245/2007 EXT.R6(a) - TRUE COPY OF THE LIST OF ASSETS IN THE ADMINISTRATIVE OFFICE OF THE TEMPLE. EXT.R6(b) – TRUE COPY OF THE COMPLAINT DATED 24.9.2007 SUBMITTED TO THE SUB INSPECTOR OF POLICE, FORT POLICE STATION. EXT.R6(c) – TRUE COPY OF THE STATEMENT DATED 23.9.2007 SIGNED BY THE HEAD PRIEST OF THE TEMPLE. EXT.R7(a) – TRUE COPY OF THE SUIT O.S.NO.625/2007 PENDING BEFORE THE HON'BLE SUB COURT, TVM. EXT.R7(b) – TRUE COPY OF THE ORDER OF INJUNCTION DT. 19.06.2007. EXT.R7(c) – TRUE COPY OF THE COMPLAINT BEFORE THE FORT POLICE STATION, TVM. DT. 24.09.2007. EXT.R7(d) – TRUE COPY OF THE INTIMATION GIVEN BY THE PERIA NAMBI (CHIEF PRIEST) OF SREE PADMANABHASWAMY TEMPLE. EXT.R7(e) – TRUE COPY OF THE ORDER IN IA. NO.4704/2007 BEFORE THE PRINCIPAL SUB JUDGE, THIRUVANANTHAPURAM DATED 18.12.2007. /TRUE COPY/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 28245 OF 2007-K ----------------------------------------- Dated 2nd July, 2008. JUDGMENT Balakrishnan Nair, J. The petitioner, who is the Executive Officer of Sree Padmanabha Swami Temple, has filed this Writ Petition, seeking the following reliefs: “(i) issue a writ of mandamus or any other writ, order or direction, commanding respondents 1 to 4 to render adequate and meaningful protection to the life of Executive Officer and the Assistant Executive Officer of Sree Padmanabha Swami Temple, Thiruvananthapuram from the illegal acts of the respondents 5 to 10 and their men and also to afford sufficient protection for the normal and peaceful functioning of the temple and its administration. (ii) issue a writ of mandamus or any other writ, order or direction, commanding respondents 1 to 4 to prevent respondents 5 to 10 or their men from indulging in any form of agitation, including demonstrations, slogan shouting etc., in the temple complex, temple administrative office, temple gates etc., or from placing notice boards, banners, wall posters etc., in the temple complex and places near by or from indulging any act affecting the serenity of the temple.” The petitioner moved the police in vain for their assistance, to ward off the trouble makers. Though, pursuant to the representation a police picket was WPC 28245/2007 2 arranged, the obstruction from the part of the said respondents continued. So, this Writ Petition was filed, seeking police protection for the smooth functioning of the temple. 2. The respondents 6 and 7 have filed separate counter affidavits, resisting the prayers in the writ petition. 3. The learned Government Pleader submitted that a police picket is functioning in front of the temple, to maintain law and order and also to keep surveillance over the area. 4. Having regard to the facts of the case, if any law and order problem arises or any cognizable offence is reported, the police shall take appropriate action in accordance with law, as the occasion demands. If the temple employees, including the party respondents disturb the peaceful atmosphere of the temple by holding demonstrations, shouting slogans etc., then the remedy of the petitioner is to move the competent civil court for appropriate reliefs. Shouting of slogans or holding demonstrations will not amount to commission of cognizable offence and therefore, this Court may not be justified in asking the police to go after such demonstrators. If nuisance is caused to the functioning of the temple by such actions, the WPC 28245/2007 3 remedy of the petitioner lies before the civil court. With the above observations, the Writ Petition is disposed of. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/