IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 34539 of 2009(J) -------------------------- PETITIONER(S): --------------- MURALEEDHARAN K., KEEZHPATTU ILLAM, P.O.CHEVAYOOR, KOZHIKODE-673017. BY ADV. SRI.S.M.PRASANTH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, CIVIL STATION, CALICUT. 2. THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, CALICUT. 3. THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD, KOZHIKODE-20. 4. THE ASSISTANT EXECUTIVE OFFICER, AZHATHRIKOVIL SREE MAHAVISHNU GOSALAKRISHNA TEMPLE, NEAR BYEPASS ROAD, THONDAYAD, NELLIKODE, KOZHIKODE. 5. T.KRISHNAN NAMBOOTHIRI, MANAGING TRUSTEE, AZHATHRIKOVIL SREE MAHAVISHNU GOSALAKRISHNA TEMPLE, NEAR BYEPASS ROAD, THONDAYAD, NELLIKODE, KOZHIKODE. BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R3 SRI.V.V.SURENDRAN SRI.P.A.HARISH GOVT. PLEADER SRI. T.K. VIPINDAS-R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO. 34539/2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the order No.H2/5850/09 M.D.B.(K.Dis) dated 12.10.2009. Ext.P2: True copy of the order of suspension dated 18.11.2009 issued by the 5th respondent. Ext.P3: True copy of the order in I.A.16/2009 in A.P.9/2009 dated 21.11.2009 of the 3rd respondent. Ext.P4: True copy of the complaint dated 23.11.2009 submitted by the petitioner before the 2nd respondent. Ext.P5: True copy of the complaint submitted by the petitioner before the Asst. Commissioner of Police, Calicut. Ext.P6: True copy of the FIR No.634/2009 dated 23.11.2009 registered by the 4th respondent. Ext.P7: True copy of the proceedings before the 1st respondent. RESPONDENTS' EXHIBITS: Ext.R5(a): True copy of the complaint received from the devotees to the 5th respondent. Ext.R5(b): True copy of the show cause notice made by the 5th respondent to the petitioner. Ext.R5(c): True copy of the reply to the show cause notice. Ext.R5(d): True copy of the request made by the 5th respondent. Ext.R5(e): True copy of the appointment order issued to Manoj Namboodiri. Ext.R5(f): True copy of the certificate issued by the temple tantri. Ext.R5(g): True copy of the complaint of a devotee before the City Police Commissioner, Kozhikode. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P. (C) NO. 34539 OF 2009 --------------------------------------------- Dated this the 10th day of December, 2009 JUDGMENT Kurian Joseph, J. The petitioner approached this Court seeking police protection. The writ petitioner has been functioning as santhi at Azhathrikkovil Sree Mahavishnu Gosalakrishna Temple , Nellikode for the last more than five years. While so, he was placed under suspension by Ext.P2 order dated 18.11.2009 issued by the 5th respondent. That order was appealed against before the Deputy Commissioner, Malabar Devaswom Board, Kozhikode, the third respondent. As per Ext.P3, the third respondent stayed the order of suspension. The said order is still in force. Nobody has so far moved for either vacating the stay order or for modification of the stay order. The 5th respondent, Managing Trustee of the Temple, who is the writ petitioner has challenged the said order in W.P.(C) No.34856 of 2009. However, there is no interim order in that case. The fact remains that the order passed by the statutory authority, namely, the Deputy Commissioner, W.P.(C) NO. 34856/2009 2 as the appellate authority, is still in force and, therefore, the order of suspension is not in operation. Yet, the petitioner is not able to perform his functions and hence, he has sought for police protection. 2. According to the Managing Trustee, pursuant to the suspension of the petitioner, he has appointed a temporary santhi. The learned Government Pleader submits that because of the apprehended law and order situation, in view of the development referred to above, the District Collector has intervened in the matter and has directed the Devaswom Board to appoint another santhi and the Devaswom Board in turn has now appointed one Rigish with effect from 1.12.2009 and now the pooja is being conducted by the said Rigish. 3. We fail to understand as to how the Devaswom Board will be justified in appointing a temporary santhi when the suspension order of the original santhi is not in operation, pursuant to the order passed by the appellate authority, the Deputy Commissioner. The counsel for the Devaswom Board submits that the Board was constrained to do so pursuant to the direction issued by the District Collector. But, the Devaswom Board could have brought to the notice of the authorities concerned that the statutory authority has stayed the order of suspension. W.P.(C) NO. 34856/2009 3 4. The learned counsel appearing for the 5th respondent, Managing Trustee submits that in case the original santhi is permitted to perform the poojas, it may lead to serious law and order problem. We fail to understand the basis of such apprehension. The Managing Trustee has exercised his power under the Hindu Religious and Charitable Endowments Act in suspending the petitioner and the petitioner has invoked his statutory right under the same Act by preferring an appeal before the Deputy Commissioner. The said appellate authority has stayed the order of suspension. That order is in force. Therefore, the order of suspension is not in operation. Everybody has a duty to respect law. If law is not respected and by muscle power disorder is created in the society, the police has a duty to intervene in order to ensure that law and order is maintained in the society. 5. Therefore, there will be a direction to the Commissioner of Police, Kozhikode city and the officers working under him including the Circle Inspector of Police, Medical College Police Station, Kozhikode to render adequate, effective and meaningful police protection to the petitioner Sri. K. Muraleedharan to perform his duties as santhi at Azhathrikkovil Sree Mahavishnu Gosalakrishna Temple, Nellikode, W.P.(C) NO. 34856/2009 4 Kozhikode so long as Ext.P3 order passed by the Deputy Commissioner under the Hindu Religious and Charitable Endowment Act is in force. The Writ Petition is disposed of with the above direction. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 34856/2009 5 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.34539/2009 JUDGMENT 10th December, 2009 W.P.(C) NO. 34856/2009 6