High Court of KeralaWP(C)/7132/2015closed

Azhoor Bhagavathi Temple Trust, Rep. By Its Secretary C.Shaji v. Director General Of Police, Thiruvananthapuram

2015-03-06Honourable 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 FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 --------------------------- PETITIONERS :

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1. AZHOOR BHAGAVATHI TEMPLE TRUST, REP. BY ITS SECRETARY C.SHAJI, AGED 48 YEARS, S/O.CHITRANGADHAN,AZHOOR P.O., PERUNGUZHI, TRIVANDRUM DISTRICT, PIN - 695 305.

2. C. SHAJI, AGED 48, S/O.CHITRANGADHAN, SECRETARY OF AZHOOR BHAGAVATHY TEMPLE TRUST, AZHOOR P.O., PERUNGUZHI, TRIVANDRUM DISTRCIT, PIN - 695 305.

BY ADVS.SRI.VAKKOM N.VIJAYAN SMT.V.RENJU SRI.P.ANIYAN RESPONDENTS :

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1. DIRECTOR GENERAL OF POLICE, STATE OF KERALA, POLICE HEAD QUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM, PIN - 695 001.

2. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, ATTINGAL P.O., TRIVANDRUM DISTRICT, PIN - 695 301.

3. THE CIRCULE INSPECTOR OF POLICE, ATTINGAL, ATTINGAL P.O., TRIVANDRUM, PIN - 695 301.

4. THE SUB INSPECTOR OF POLICE, CHIRAYINKEEZHU, CHIRAYINKIL, TRIVANDRUM DISTRICT, PIN - 695 301.

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5. C. PRABHAKARAN, S/O. CHELLAPPAN, THENGHUVILA VEEDU, AZHOOR P.O., TRIVANDRUM DISTRICT, PIN - 695 305.

6. M. SUREBDRAN,S/O.MADHAVAN, PALAVILAVEEDU, KOLICHIRA, AZHOOR P.O., TRIVANDRUM DISTRICT, PIN - 695 305.

7. D. VISWANATHAN, KOCHUKUDIYILVEEDU, AZHOOR P.O., TRIVANDRUM DISTRICT, PIN - 695 305.

8. SRI.RADHAKRISHNAN,S/O.SREEDHARAN, PLAVILA VEEDU, AZHOOR P.O., TRIVANDRUM DISTRICT, PIN - 695 305.

R1 TO R4 BY SR.GOVERNMENT PLEADER, SRI. C.R. SYAM KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

------------------------------- APPENDIX PETITIONERS' EXHIBITS:

EXT.P1 : TRUE COPY OF THE PROGRAM NOTICE OF MEENA KARTHIKA TEMPLE FESTIVAL OF AZHOOR BHAGAVATHI TEMPLE.

EXT.P1 (A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1. EXT.P2 : TRUE COPY OF REPRESENTATION DATED 18.02.2015 TO THE 1ST RESPONDENT REQUESTING TO GRANT POLICE PROTECTION. EXT.P2(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2. EXT.P3 : TRUE COPY OF REPRESENTATION DATED 18.02.2015 TO THE 2ND RESPONDENT REQUESTING TO GRANT POLICE PROTECTION. EXT.P3(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P3. EXT.P4 : TRUE COPY OF REPRESENTATION DATED 18.02.2015 TO THE 3RD RESPONDENT REQUESTING TO GRANT POLICE PROTECTION. EXT.P4(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P4. EXT.P5 : TRUE COPY REPRESENTATION DATED 18.02.2015 TO THE 4TH RESPONDENT REQUESTING TO GRANT POLICE PROTECTION. EXT.P5(A) : TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P5. RESPONDENTS' EXHIBITS:

NIL /TRUE COPY/ PA TO JUDGE

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

- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7132 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of March, 2015

JUDGMENT

Ashok Bhushan, Ag.C.J.

Heard learned counsel for the petitioner and learned Government Pleader.

No notice is being issued to the respondent Nos. 5 to 8 in view of the order which is being passed.

2. Petitioner, alleging to be the Secretary of Azhoor Bhagavathi Temple Trust, has come up with this writ petition seeking police protection with regard to the conduct of festival to be held from 15.03.2015 to 24.03.2015. According to the petitioner, private respondents are earlier office bearers. Petitioner's case is that they have been expelled and now, the petitioner is the Secretary of the Trust. In this Writ Petition we need not enter into the issue as to who are the valid office bearers.

3. Learned Government Pleader submits that in so far as the temple festival is concerned, sufficient police personnel shall be deputed to ensure that there is no law and order problem.

WP(C) No. 7132 of 2015 -:2:-

4. In the above view of the matter, we do not think that any further direction is needed in the matter. We only observe that police authorities shall ensure that law and order situation is maintained as far as the temple festival is concerned. With the above observation, the Writ Petition is closed. Ashok Bhushan, Acting Chief Justice.

A.M. Shaffique, Judge.

ttb/06/03