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High Court of KeralaWP(C)/13117/2015dismissed

M/S. Mukkumnnu Sree Vettakorumakan Kottam Punarudhana Ommittee v. State Of Kerala

2015-04-28Honourable Mr.Justice A.M.Shaffique,Honourable Smt. Justice P.V.Asha5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 28TH DAY OF APRIL 2015/8TH VAISAKHA, 1937 WP(C).No. 13117 of 2015 (L) ---------------------------- PETITIONER(S):

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1. M/S. MUKKUMNNU SREE VETTAKORUMAKAN KOTTAM PUNARUDHANA OMMITTEE MUKKUNNU, P.O.KUPPAM PIN - 670 502.REP. BY ITS SECRETARY, V.V.DAMODARAN S/O.DAMODHARAN NAMBIAR, RESIDING AT VAYALIPRAVEETTI PARAPPOOL, ARIYIL P.O., PIN : 670 143.

2. T.C.KRISHNAN AGED 48 YEARS S/O.E.GOPALAN NAMBIAR, PRESIDENT M/S.MUKKUNNU SREE VETTAKORUMAKAN KOTTAMPUNARUDHANA COMMITTEE RESIDING AT SHREELAYAMHOUSE, MUKKUNNU, P.O.KUPPAM PIN - 670 502.

BY ADVS.SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.S.SHIRAZ BAVA SRI.JOSEPH KURIAN VALLAMATTAM RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TOGOVERNMENT DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, STATUE THIRUVANANTHAPURAM -695 001.

2. THE STATE POLICE CHIEF KERALA POLICE HEAD QUARTERS, VAZHUTHACAUD THIRUVANANTHAPURAM, PIN - 695 014.

3. THE DISTRICT POLICE CHIEF CIVIL STATION P.O., KANNUR, PIN - 670 002.

4. THE SUB INSPECTOR OF POLICE PARIYARAM POLICE STATION.

5. MUSTHAFA, AGED 43 YEARS S/O.VALIYAPARAMBATH, KUNHADULLAH MADALANPUTHIYAPURAYIL, PARIYARAM AMSOM, MELEKUNNUDESOM KUPPOM P.O., KANNUR, PIN - 670 502.

-2WP(C).No. 13117 of 2015

6. MOHAMMED UNAIZ, AGED 32 YEARS S/O.VALIYAPARAMBATH, KUNHADULLAH MADALANPUTHIYAPURAYIL, PARIYARAM AMSOM, MELEKUNNUDESOM KUPPOM P.O., KANNUR, PIN - 670 502.

7. MOHAMMED RAZI, AGED 24 YEARS S/O.VALIYAPARAMBATH KUNHABDULLAH MADALAN PUTHIYAPURAYIL, PARIYARAM AMSOM MELEKUNNUDESOM, KUPPOM P.O., KANNUR PIN -670 502.

8. MAYINKUTTY, AGED 35 YEARS S/O.VALIYAPARAMBATH, KUNHABDULLAH MADALANPUTHIYAPURAYIL PARIYARAM AMSOM MELEKUNNUDESOM, KUPPOM P.O., KANNUR PIN - 670 502.

R8 BY ADV. SRI.M.SASINDRAN R1 TO R4 BY GOVERNMENT PLEADER SRI.RAMPRASAD UNNI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13117 of 2015 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P-1: TRUE COPY OF THE CERTIFICATE DATED 29.10.2014 ISSUED BY THE REGISTRAR OF SOCIETIES, KANNUR.

EXT.P-2: TRUE COPY OF THE LAWYER NOTICE DATED 28.8.14 ISSUED BY E.V.GANGADHARAN ADVOCATE EXT.P-3: TRUE COPY OF THE REPLY NOTICE DATED NIL IN REPLY TO EXT.P2 EXT.P-4: THE TRUE COPY OF THE PETITION DATED 23.12.14 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT EXT.P-5: THE TRUE COPY OF THE NOTICE DATED 29.3.15 PUBLISHED BY THE PETITIONER EXT.P-6: THE TRUE COPY OF THE COMPLAINT DATED 22.4.15 SUBMITTED BEFORE THE 4TH RESPONDENT TO GRANT ADEQUATE POLICE PROTECTION. RESPONDENT(S)' EXHIBITS ------------------------ NIL /TRUE COPY/ PS TO JUDGE

A.M.SHAFFIQUE & P.V.ASHA, JJ ---------------------------------------------- W.P(C).No. 13117 of 2015 ---------------------------------------------- Dated this the 28th April, 2015

JUDGMENT

Shaffique, J.

First petitioner claiming to be a Committee and the second petitioner being the President of the said Committee have approached this Court seeking police protection. According to the petitioners, they intend to conduct a 'Devapooja' in respect of an extent of 39.85 Ares of land in Mukkunnu Desom. According to them, the temple by name 'Sree Vettakorumakan Kshethram' is situated in the property. However, it is in a dilapidated condition and a Punarudharana Committee has been formed under the auspices of the petitioners for renovating the said temple. When attempts were made by the petitioners to renovate the temple and for that purpose when they were about to conduct a Pooja, the party respondents have obstructed the same. Though the

WP(C).13117/15 petitioners have filed a complaint before the Police for police protection, no steps have been taken by the Police, hence, the petitioners have approached this Court.

2. A counter affidavit has been filed by the 8th respondent inter alia stating that the right in respect of the said property belongs to respondents 5 to 8 as per Exhibit R8(a) title deed.

Having regard to the fact that the issue involved in the present case is with reference to the title to the property, we do not think that the Police can interfere and adjudicate the said right or grant any protection as sought for. The parties are at liberty to approach the Civil Court seeking appropriate reliefs. We do not intend to issue any order as prayed for. Accordingly this Writ Petition is dismissed.

A.M.SHAFFIQUE JUDGE P.V.ASHA, JUDGE vgs29/4/15