High Court of KeralaWP(C)/3549/2015disposed of

Aruvippuram Kshethram & Mutt v. The Director General Of Police

2015-02-04Honourable Mr.Justice A.M.Shaffique,Honourable The Ag.Chief Justice Mr.Ashok Bhushan5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 PETITIONER(S) :- ----------------- ARUVIPPURAM KSHETHRAM & MUTT (BRANCH: SREE NARAYANA DHARMA SANGHOM TRUST) ARUVIPPURAM P.O., NEYYATTINKARA THIRUVANANTHAPURAM DISTRICT REPRESENTED BY THE SECRETARY, SWAMY SANDRANANDA. BY ADVS.SRI.SAJAN VARGHEESE K.

SRI.LIJU. M.P RESPONDENT(S) :- ------------------

1. THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM - 695 001.

2. THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM - 695 001.

3. THE DEPUTY SUPERINTENDENT OF POLICE NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.

4. THE CIRCLE INSPECTOR OF POLICE NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.

5. THE SUB INSPECTOR OF POLICE MARAYAMUTTOM POLICE STATION THIRUVANANTHAPURAM DISTRICT - 695 001.

6. S.K.JAYACHANDRAN (MAINU) SHEEJA NIVAS, MULLARAVILA, MAMPAZHAKARA PERUMPAZHUTHOOR P.O., NEYYATTINKARA TALUK THIRUVANANTHAPURAM DISTRICT - 695 121.

7. K.S.MANOJ, PULIVATHIKKAL HOUSE, ARUVIPPURAM, ARUVIPPURAM P.O. NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT - 695 121.

8. CHOOZHAL NIRMALAN CHOOZHAL, CHENGAVILA P.O., KARODE VILLAGE PARASSALA, NEYYATTINKARA TALUK THIRUVANANTHAPURAM DISTRICT - 695 121.

9. M.S.RAM (RAMU) LAKSHMI NIVAS, ARUVIPPURAM, ARUVIPPURAM P.O.

NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT - 695 121. R1 TO R5 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-022015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt

APPENDIX PETITIONER'S EXHIBITS :- EXT.P1 : TRUE COPY OF THE CLAUSES No.56 TO 58 OF THE SCHEME OF SREE NARAYANA DHARMA SANGHOM TRUST.

EXT.P2 : TRUE COPY OF THE FRONT PAGE OF THE NOTICE IN CONNECTION WITH 127TH ANNIVERSARY BEING HELD AT THE PETITIONER'S PREMISES. EXT.P3 : TRUE COPY OF THE PETITION DATED 29.1.2014 SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, NEYYATTINKARA.

EXT.P4 : TRUE COPY OF THE JUDGMENT DATED 10.2.2014 PASSED IN WP(C) No.3972/2014 ON THE FILE OF THIS HON'BLE COURT. EXT.P5 : TRUE COPY OF THE PETITION DATED 30.1.2015 SUBMITTED BEFORE THE RESPONDENTS No.3 TO 5.

EXT.P6 : TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT No.5. RESPONDENTS' EXHIBITS :- NIL //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, Ag. C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.3549 of 2015 ------------------------------------- Dated this the 4th day of February 2015

J U D G M E N T

Ashok Bhushan, Ag.CJ Heard the learned counsel for the petitioner and the learned State Attorney.

By this writ petition, the petitioner has prayed for a direction to respondents 1 to 5 to afford adequate protection for the smooth conduct of the 127th anniversary in commemoration of the consecration of Siva Idol at Aruvippuram and the festival relating to Maha Sivarathri to be held at the premises of the petitioner between the period 8.2.2015 and 17.2.2015. 3.

Learned counsel for the petitioner submits that last year also an order was passed by this Court on 10.2.2014 in W.P. (C) No.3972 of 2014. That writ petition was disposed of noticing the submissions made by the learned Government Pleader that when the festival is being conducted, sufficient police force have been deployed for carrying out the activities of the temple. 4.

Learned State Attorney submits that in view of the festivals as mentioned in the writ petition, there shall always be

W.P.(C) No.3549 of 2015 -: 2 :- sufficient police force to see that no law and order situation may arise there.

In view of the nature of order being passed in the writ petition, we see no reason to issue notice to respondents 6 to 9. Recording the submission made by the learned State Attorney, we dispose of the writ petition with the observation that the police authorities shall take appropriate steps by deploying sufficient police force to see that no law and order situation arises when the festivals are being conducted. Sd/-ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt /true copy/ P.S. To Judge