IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 16313 of 2011(L) ---------------------------------------- PETITIONER(S): ------------------------- SWAMI SIVANANDA GIRI, MADATHYPATHI, SREE SWARUPANANDA GURUKALA TRUST, KOLLAM. BY ADV. SRI.K.MADHUSOODHANAN NAIR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM.PIN-695 001 2. DEPUTY SUPERINTENDENT OF POLICE, CHENGANNOOR.PIN-689 121 3. CIRCLE INSPECTOR OF POLICE, MAVELIKKARA.PIN-690 101 4. SUB INSPECTOR OF POLICE, NOORANADU.PIN-690 504 *ADDL.R5 TO R13 IMPLEADED *R5: PRABHA, S/O.VASUDEVAN, PUTHENVILAYIL VEEDU, MATTAPPALLY WARD, PALAMEL VILLAGE. *R6: BINDU, W/O.PRABHA, PUTHENVILAYIL VEEDU, MATTAPPALLY WARD, PALAMEL VILLAGE. *R7: SOMAN, S/O. KUNHUPANICKER, LEKSHMI BHAVANAM, DO, DO 2/- -2- WP(C)NO.16313/2011 *R8: KANAKAMMA, W/O.SOMAN, DO, DO *R9: BHASKARAN,S/O.KUNJACHAN, PUTHENVILAYIL VEEDU, DO, DO *R10: INDIRA, W/O.BHASKARAN, DO, DO *R11: SHINU, S/O.CHELLAPPAN, VETTUKATTIL VEEDU, DO DO *R12: RADHA, W/O.RAJU, RATHEESH BHAVANAM, DO, DO *R13: PRABHATH, S/O.VASUDEVAN, PUTHENVILAYIL VEEDU, DO. DO * ADDL.R5 TO R13 IMPLEADED AS PER ORDER DATED 19/8/2011 IN I.A.NO.11407/2011 R1 TO R4 BY GOVERNMENT PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.16313/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGEMENT IN R.F.A NO.21 OF 2007 ON 4/2/2011 P2 COPY OF THE COMPLAINT DATED 26/5/2011. P3 COPY OF THE PAPER REPORT PUBLISHED IN JANMABHOOMI DATED 5/6/2011 P4 COPY OF THE COMPLAINT DATED 04/5/2011 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDANT. RESPONDANT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts PIUS.C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------- W.P.(C) No.16313 of 2011 ------------------------------- Dated this the 19th day of August, 2011. J U D G M E N T PIUS.C.KURIAKOSE, J. Swami Sivananda Giri, who is said to be the Madathypathi of Sree Swarupananda Gurukala Trust, Kollam, has filed this writ petition seeking the following reliefs:- “i) To issue a writ of mandamus or such other writ order or direction against respondents 1 to 3 to provide adequate police protection to the petitioner as well as the assets of the Ashramam and the inmates therein from all illegal activities of goondas of the locality ; and ii) To issue a writ of mandamus or such other writ order or direction directing against the 3rd respondent to ensure smooth functioning of Ashramam and its lawful activities are not interfered with by miscreants of the locality ; and iii) To pass such other writ, direction or order which this Hon'ble Court deem fit and proper with this facts and circumstances of the case.” 2. We heard learned counsel for the petitioner as well as the learned Government Pleader. This Court recorded 2 W.P.(C) No.16313 of 2011 the submissions of the counsel for the petitioner that the persons against whom the police protection is sought for will be arrayed as parties. Accordingly, the petitioner filed I.A.No.11407 of 2011 and additional respondents 5 to 13 were impleaded. The additional respondents 5 to 13 have not chosen to enter appearance before this Court though they were served with notice. The allegations in the writ petition thus stand proved by non-traverse. The learned Government Pleader on the basis of instructions received from the police submitted that, the additional respondents were not willing to come over to the police station in connection with enquiry into one of the petitions filed by the petitioner. Crime No.413 of 2011 has been registered by Nooranadu police which against the petitioner and the above crime is under investigation. Learned Government Pleader also submitted that, the police enquiry reveals that the Ashramam in question continued to be under the physical control and management of the petitioner himself. 3. We feel that, in view of the situation that the 3 W.P.(C) No.16313 of 2011 additional respondents have not chosen to enter appearance before this Court for refuting the allegations in the writ petition and in view of the report of the police that the petitioner himself is in physical possession and management of the Ashramam, the reliefs can be granted to a certain extent to the petitioner. Accordingly, we dispose of the writ petition directing respondents 3 and 4 to provide adequate police protection to the petitioner, his Ashramam as well as to the assets of the Ashramam and all the inmates in the Ashramam, in case dependable report is received regarding perpetration of any illegalities on the Ashramam or on its inmates, by the additional respondents 5 to 13 or by persons acting under them. PIUS.C.KURIAKOSE, JUDGE C.K.ABDUL REHIM, JUDGE ami/