IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23627 of 2009(W) -------------------------- PETITIONER: K.MADHAVA KURUP, CHAIRMAN, BOARD OF TRUSTEES, SRI.ERUVATTIKKAVU TEMPLE, KOTTAYAM AMSOM, ERUVATTY DESOM, KOTTAYAMPOIL, THALASSERY TALUK. BY ADV. SRI.K.MOHANAKANNAN SMT. PRAVITHA A.R RESPONDENTS: 1. THE SUPERINTENDENT OF POLICE, KANNUR. 2. THE SUB INSPECTOR OF POLICE, KADIRUR. 3. PAZHAYAMADATHIL RAMACHANDRA MARAR, S/O.SANKARA MARAR, KOTTAYAM AMSOM, ERUVATTY DESOM, KOTTAYAMPOIL P.O, THALASSERY TALUK 4. EDACHERI GOVINDA MARAR, S/O. V.C.NARAYANAN NAMBOOTHIRI, 'PAVITHRAM, KOATTAYAM AMSOM, ERUVATTY DESOM KOTTAYAMPOIL P.O, THALASSERY TALUK ADV. SRI.CIBI THOMAS FOR R3,R4 GOVT. PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.23627 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the judgment dated 31.01.2008 in O.S.No.332/2008 on the file of the Munsiff's court Kuthuparamba. Ext.P2: True copy ofo the decree dated 31.011.2008 in O.S.No.332/2008 on the file of the Munsiff's court Kuthuparamba. Ext.P3: True copy of the complaint dated 25.02.2009 filed by the petitioner before the 2nd respondent along with the acknowledgment receipt. Ext.P4: True copy of the complaint dated 24.06.2009 filed by the petitioner before the 1st respondent along with the acknowledgment receipt. RESPONDENTS'S EXHIBITS: NIL KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 23627 OF 2009 --------------------------------------------- Dated this the 25th day of August, 2009 JUDGMENT Kurian Joseph, J. The Writ Petition is filed with the following prayer: i. issue a writ of mandamus or any other appropriate writ, order, direction directing respondents 1 and 2 to give adequate and effective police protection to the petitioner to re-construct the compound wall and steps of the temple in conformity with the judgment and decree, Exts.P1 and P2 within a time frame to be fixed by this Hon'ble Court. 2. Learned counsel appearing for the party respondents submits that the party respondents and other members of the public are the beneficiaries of Ext.P1 judgment and Ext.P2 decree of the civil court in the matter of use of the temple property, as pathway, as pedestrians. Further, it is submitted that the veiled object behind this Writ Petition is to virtually block the use of the pathway. Learned counsel for the petitioner submits that the temple authorities have no such intention and that they will always permit W.P.(C)NO.23627/2009 2 the temple property to be used as pathway in terms of Exts.P1 and P2 judgment and decree respectively and that they will never prohibit the people from using the pathway, as pedestrians. 3. In that view of the matter, it is made clear that in the event of any conduct to the contrary, either on the part of the petitioner or on the part of the public, and in case any complaint is received by the police in that regard, the police shall do the needful to ensure that law and order is maintained. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C)NO.23627/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.23627/2009 JUDGMENT 25th August, 2009