Sakthikulangara Sree Swaroopananda Gurukula Trust v. Superintendent Of Police

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 TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 17219 of 2013 (B) ---------------------------- PETITIONER :

------------------ SAKTHIKULANGARA SREE SWAROOPANANDA GURUKULA TRUST SAKTHIKULANGARA, KOLLAM REPRESENTED BY ITS MADATHIPATHI SRI. SIVANANDAGIRI SWAMI.

BY ADVS.SRI.SANU.S.PANICKER SMT.SMITHA PILLAI RESPONDENTS :

----------------------

1. SUPERINTENDENT OF POLICE, POLICE COMMISSIONERATE, KOLLAM-691001.

2. CIRCLE INSPECTOR OF POLICE, CHAVARA CIRCLE OFFICE, KOLLAM-691583.

3. SUB INSPECTOR OF POLICE KAVANADU POLICE STATION, KOLLAM-691003.

4. PARAMESWARAN PILLAI, S/O. NARAYANA PILLAI, KALEELIL VEEDU, KUREEPUZHACHERRY SAKTHIKULANGARA.P.O., KOLLAM-691001.

5. RAMACHANDRAN PILLAI, AVIYIL VEEDU, SAKTHIKULANGARACHERRY SAKTHIKULANGARA.P.O., KOLLAM-691001.

6. SHAMMI S/O. PARAMESWARAN PILLAI, KALEELIL VEEDU KUREEPUZHACHERRY, SAKTHIKULANGARA VILLAGE, KOLLAM-691001.

7. PAZHAVOOR THULASI (THULASEEDHARAN PILLAI) PAZHAVOOR THARAVEEDU, KANNIMELCHERRY, SAKTHIKULANGARA.P.O., KOLLAM-691001.

WP(C).No. 17219 of 2013 (B)

8. PRASANNAN, KUNJUVEEDU, SAKTHIKULANGARACHERRY, SAKTHIKULANGARA.P.O., KOLLAM-691001.

R1 TO R3 BY GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR R4 TO R8 BY ADVS. SRI.LEO GEORGE SRI.T.T.RAKESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 17219 of 2013 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE JUDGMENT IN R.F.A. NO. 21 OF 2007 DATED 4-2-2011.

P2:

TRUE COPY OF THE COMPLAINT DATED 11-6-2013 SUBMITTED BY THE PETITIONER THROUGH REGISTERED POST BEFORE THE 1ST RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

P3:

TRUE COPY OF THE COMPLAINT DATED 11-6-13 SUBMITTED BY THE PETITIONER THROUGH REGISTERED POST BEFORE THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.

P4:

TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARTD SHOWING THAT THE EXT. P2 COMPLAINT RECEIVED BY THE 1ST RESPONDENT. P5:

TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD SHOWING THAT THE EXT.P3 COMPLAINANT RECEIVED BY THE 2ND RESPONDENT. P6:

TRUE COPY OF THE JUDGMENT IN WPC NO. 163/11(1) DATED 19-8-2011 PASSED BY THIS HON'BLE COURT.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

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

* * * * * * * * * * * * * ---------------------------------------- Dated this the 6th day of January 2015

J U D G M E N T

Shaffique,J This writ petition is filed seeking police protection to the life of the petitioner and the Sanyasis of the Sree Swaroopananda Gurukula Ashramam at Sakthikulangara against the illegal action of respondents 4 to 9 and their men.

2.

It is submitted by the learned counsel for respondents 4 to 9 that by virtue of an order passed in a Scheme suit, the management of the Trust is entrusted to a body consisting of 35 members. As far as the petitioner is concerned, he has been given only permission to conduct poojas. But the petitioner is threatening the members of the body, who are in management.

3.

The learned Government Pleader, on instructions, would submit that after the filing of the writ petition, no untoward incident has been reported and therefore the writ petition has become infructuous. So far no interim orders have been passed by this Court.

Having regard to the fact that no untoward incident has been reported after the writ petition is filed, this writ petition has become infructuous and hence the same is dismissed as infructuous.

(sd/-) (ASHOK BHUSHAN, ACTING CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr