High Court of KeralaWP(C)/17881/2015disposed of

Venugopal @ Brahma Swaroopa Theertha Pada Swami v. State Of Kerala

2015-08-06Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 6TH DAY OF AUGUST 2015/15TH SRAVANA, 1937 WP(C).No. 17881 of 2015 (I) ---------------------------- PETITIONER :

--------------- VENUGOPAL @ BRAHMA SWAROOPA THEERTHAPADA SWAMI S/O.RAMANANDAN NAIR, THENNETHU PANAKKAL VEEDU KOTTUKAL MURI, KOTTUKAL VILLAGE, KOTTARAKARA TALUK KOLLAM DISTRICT.

BY ADVS.SRI.ASWIN GOPAKUMAR SRI.ANWIN GOPAKUMAR SRI.ARJUN RADHAKRISHNAN NAIR SMT.ANUSREE SURESH SMT.DEEPTI SUSAN GEORGE RESPONDENTS :

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

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME AFFAIRS GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695001.

2. THE DEPUTY SUPERINTENDANT OF POLICE PUNALOOR POLICE STATION, KOLLAM DISTRICT, 691305.

3. THE SUB INSPECTOR OF POLICE KADAKKAL POLICE STATION, KOLLAM DISTRICT, 691536.

4. K.SREEKANTAN PILLAI, AGED 40 YEARS S/O.KRISHNA PILLAI, THOTTATHIL VEEDU, KOTTUKKAL MURI KOTTUKAL VILLAGE, KOLLAM-691519.

5. V.K.RAJESH, AGED 38 YEARS S/O.KOCHUKUTTAN PILLAI, SASTHARAM VEEDU, KOTTUKAL MURI KOTTUKAL VILLAGE, KOLLAM-691519.

6. V.P.HARILAL, AGED 31 YEARS S/O.PRABHAKARA KURUP, PARAMBIL VEEDU, KOTTUKKAL MURI KOTTUKKAL VILLAGE, KOTTARAKARA TALUK, KOLLAM-691 519.

WP(C).No. 17881 of 2015 (I) --------------------------------

7. RADHAKRISHNAN, AGED 47 YEARS S/O.JANAARDHANAN ACHARY, DEVI BHAVAN, KOTTUKKAL MURI KOTTUKAL VILLAGE, KOTTARAKARA TALUK, KOLLAM-691519. R1 TO R3 BY STATE ATTORNEY, SRI. P. VIJAYARAGHAVAN R4 TO R7 BY ADV. SRI.ALEXANDER GEORGE.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17881 of 2015 (I) -------------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- EXHIBIT-P1: TRUE COPY OF THE ORDER IN CMA NO.9/2013. EXHIBIT-P2: TRUE COPY OF COMPLAINT FILED BEFORE THE 3RD RESPONDENT. EXHIBIT-P3: TRUE COPY OF THE SAID ORDER IN CMA 6/2014. RESPONDENTS' EXHIBITS :

------------------------------- EXT.R4(A) : TRUE COPIES OF THE PHOTOGRAPHS OF THE KAVU, IDOLS AND SURROUNDING AREAS.

EXT.R4(B) : TRUE COPY OF THE LETTER DATED 05.06.2013 WRITTEN BY THE KAVU SAMRAKSHNA SAMITHI TO THE RDO, KOLLAM.

EXT.R4(C) : ENGLISH TRANSLATION OF EXT.R4(B) LETTER WRITTEN TO RDO, KOLLAM.

EXT.R4(D) : TRUE COPY OF THE COMMISSION REPORT DATED 04.02.2013 IN O.S. NO.66/2013 OF HON'BLE MUNSIFF COURT, KOTTARAKKARA. EXTR4(E) : ENGLISH TRANSLATION OF EXT.R4(D) COMMISSION REPORT DATED 04.02.2013.

/TRUE COPY/ PA TO JUDGE

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

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JUDGMENT

Shaffique, J.

The petitioner has approached this Court seeking police protection inter alia contending that he being the absolute owner and in possession of property having an extent of 12.10. Ares in RS No.218/5 situated in Block No.3 of Kottukal Village, is prevented from enjoying the property. It is stated by the petitioner that a 'Kavu' was in existence in the said property, wherein there was a deity. On account of a 'Devaprasnam', which was conducted in 2012 the suggestion was to shift the idol from the Kavu to a new place. When steps were taken in that regard, the same was objected by respondents 4 to 7 and their men who claim right in respect of the property. Petitioner filed a suit, O.S. No.640 of 2013 wherein an interim injunction has been granted by the appellate court. The petitioner submits that despite the order of injunction, respondents 4 to 7 are obstructing the petitioner

WP(C) No. 17881 of 2015 -:2:- from conducting the religious rituals with reference to the Kavu and from enjoying the property.

2. Respondents 4 to 7 have filed a counter affidavit inter alia stating that the property in which the petitioner claims title was being used as a religious place for the last more than 100 years. It was dedicated by the petitioner's predecessor in interest to the public and the intention of the petitioner is to remove the idol which was objected by the people in the locality. According to them, several persons in the locality are conducting worship in the Kavu and the intention of the petitioner is to remove the idol from the property.

3. Having regard to the aforesaid factual issue, we do not think that the police can interfere in the matter and resolve the dispute between the parties. Police can interfere only if there is any law and order situation or any offence is being committed or there is any attempt to commit offence.

4. If the petitioner wants to remove the idol, it shall be done only after getting appropriate order from a Civil Court, especially on account of the fact that several persons are

WP(C) No. 17881 of 2015 -:3:- involved and there is a contention that several persons are worshiping.

We only observe that if any offence is committed or there is any attempt to commit offence in respect of the injunction order granted in favour of the petitioner, on the complaint of the petitioner, police shall look into the same do the needful.

The Writ Petition is disposed as above.

Ashok Bhushan, Chief Justice.

A.M. Shaffique, Judge.

ttb/07/08

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