Azhakiyakavu Shri Bhadrakali Kshetram v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 ---------------------------- PETITIONER(S):
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1. AZHAKIYAKAVU SHRI BHADRAKALI KSHETRAM, MANAPPALLY, KOLLAM-690574 REPRESENTED BY THE PRESIDENT OF KSHETRA BHARANA SAMITHI K.RAMAKRISHNA KURUP, AGED 70 YEARS, SON OF KOCHUKUNJU PILLAI KAIPPALLIL, MANAPPALLY SOUTH, S.R.P. MARKET P.O., KOLLAM-690539.
2. D.V.SANTHOSH, AGED 51 YEARS S/O.DIVAKARAN, SECRETARY AZHAKIYAKAVU SHRI BHADRAKALI KSHETRAM BHARANASAMITHI RESIDING AT ALAKAPURI, MANAPPALLY NORTH, KOLLAM-690574. BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH SRI. RAAJESH S SUBRAHMANIAN RESPONDENT(S):
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1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM-695001.
2. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM-691001.
3. THE COMMISSIONER OF POLICE, KOLLAM-691001.
4. THE SUB INSPECTOR OF POLICE, KARUNAGAPPALLY, KOLLAM-690518.
5. NAGESH, S/O.VIJAYAN, SARADALAYAM, MANAPPALLY NORTH P.O. KOLLAM-690574.
6. SANU, S/O.KRISHNANKUTTY, THAYYITTHARAYIL THODIYOOR NORTH P.O., KOLLAM-690523.
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7. RANJITH, S/O.RADHAKRISHNAN, RANJITH BHAVANAM, MANAPPALLY SOUTH S.R.P.MARKET, KOLLAM-690539.
8. BIJU, S/O.RAJAN, KATTOOR THARAYIL, MANAPPALLY NORTH P.O. KOLLAM-690547.
9. ARJUN, S/O.SURESH, MATTATHU VEEDU, MANAPPALLY NORTH P.O. KOLLAM-690547.
R1-R4 BY SR. GOVERNMENT PLEADER SRI. C.R. SYAMKUMAR R5-R9 BY ADV. SRI.P.S.SREEDHARAN PILLAI R5-R9 BY ADV. SRI.T.K.SANDEEP R5-R9 BY ADV. SRI.ARJUN SREEDHAR R5-R9 BY ADV. SRI.JOSEPH GEORGE (MULLAKKARIYIL) R5-R9 BY ADV. SRI.ARUN KRISHNA DHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: TRUE PHOTOSTAT COPY OF THE COMPLAINT OF THE PETITIONER, DATED 9.1.2014. P2: TRUE PHOTOSTAT COPY OF THE COMPLAINT OF THE PETITIONER, DATED 12.06.2014. P3: TRUE PHOTOSTAT COPY OF THE COMPLAINT FILED BEFORE THE 2ND RESPONDENT, DATED 24.06.2014.
P4: TRUE PHOTOSTAT COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT, DATED 24.06.2014.
RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.
ASHOK BHUSHAN, C.J. & A.M. SHAFFIQUE, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22066 OF 2014 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of December, 2015
JUDGMENT
Shaffique, J.
Petitioners have approached this Court seeking police protection alleging that respondents 5 to 9 are unnecessarily interfering with the day to day administration of the temple and they are conducting classes in the temple premises. Therefore, members and devotees of the temple and other persons are put to serious difficulties on account of the threat by R.S.S. workers under the leadership of respondents 5 to 7.
2. Learned counsel for respondents 5 to 9 submits that they are not interfering with the management of the temple in any manner and they are not conducting any activity inside the temple.
3. Police can interfere only if there is any law and order problem. Learned Government Pleader submits that as of now there is no law and order problem in the matter.
WP(C) No. 22066 of 2014 -:2:-
4. In the facts and circumstances of the case we only observe that it is always open for the petitioners to approach the Police if any law and order situation arises. With the above observation the Writ Petition is closed. Ashok Bhushan, Chief Justice.
A.M. Shaffique, Judge.
ttb/08/12