Murali v. The Inspector 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 FRIDAY, THE 11TH DAY OF SEPTEMBER 2015/20TH BHADRA, 1937 WP(C).No. 27452 of 2015 (F) ---------------------------- PETITIONER :

--------------------- MURALI, AGE 48, S/O. VELAYI KUNCHINAKATHU, BLANGADU KADAPPURAM VILLAGE CHAVAKKAD TALUK, THRISSUR DISTRICT.

BY ADVS.SRI.HRITHWIK C.S.

SRI.SHAJIN S. HAMEED RESPONDENT(S) :

---------------------------- 1.

THE INSPECTOR OF POLICE CHAVAKKAD CIRCLE, THRISSUR DISTRICT PIN CODE - 680 503.

2.

THE SUB INSPECTOR OF POLICE CHAVAKKAD POLICE STATION, THRISSUR DISTRICT PIN CODE - 680 503.

3.

K.V. SREENIVASAN S/O. VASU, PRESIDENT, MANATHALA SREE NAGA YAKSHI TEMPLE CHAVAKKAD, THRISSUR DISTRICT PIN CODE - 680 503.

4.

A.K. NARAYANAN S/O. KARIKUTTY, SECRETARY MANATHALA SREE NAGA YAKSHI TEMPLE CHAVAKKAD, THRISSUR DISTRICT PIN CODE - 680 503.

5.

A.K. RATNASWAMY S/O. KUNJIMON, TREASURER MANATHALA SREE NAGA YAKSHI TEMPLE CHAVAKKAD, THRISSUR DISTRICT PIN CODE - 680 503.

R1 & R2 BY SR. GOVT. PLEADER SRI. C.R. SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 27452 of 2015 (F) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : PHOTOCOPY OF THE BYELAW OF MANATHALA SREE NAGAYAKSHI TEMPLE, CHAVAKKAD ALONG WITH ITS ENGLISH TRANSLATION. EXT.P2 PHOTOCOPY OF THE NOTICE ISSUED TO THE PETITIONER BY THE SECRETARY OF THE TEMPLE ADMINISTRATIVE COMMITTEE ALONG WITH ITS ENGLISH TRANSLATION.

EXT.P3 PHOTOCOPY OF RELEVANT PAGE OF MATHRUBHUMI NEWS DAILY DATED 7/9/2015 ALONG WITH ITS ENGLISH TRANSLATION. EXT.P4 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 7/9/2015 ALONG WITH ITS ENGLISH TRANSLATION.

RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn

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

* * * * * * * * * * * * * W.P.C.No.27452 of 2015 ---------------------------------------- Dated this the 11th day of September 2015

J U D G M E N T

Ashok Bhushan, CJ Heard learned counsel for the petitioner and the learned Government Pleader. No notice is being issued to respondents 3 to 5 in view of the judgment being passed today. 2.

By this writ petition, the petitioner has prayed for a direction to provide police protection to convene the general body meeting at Manathala Nagayakshi Temple, Chavakkad, Thrissur District proposed to be held on 13/09/2015. Petitioner's case is that a registered society is managing the affairs of the temple and the present administrative committee members are not permitting to hold the general body meeting. It is submitted that the meeting was scheduled on 06/09/2015, but due to lack of quorum it could not be held and is postponed to 13/09/2015. 3.

The learned Government Pleader, after obtaining instructions, submits that police presence was ensured on 06/09/2015 and shall be ensured on 13/09/2015 at the temple premises. Police authorities are there only to maintain law and

order. With regard to the affairs of the meeting, police cannot intervene.

In the above view of the matter, we dispose of the writ petition recording the statement of the learned Government Pleader that police presence shall be at the temple premises on 13/09/2015 to ensure that law and order is maintained. (sd/-) (ASHOK BHUSHAN, CHIEF JUSTICE) (sd/-) (A.M.SHAFFIQUE, JUDGE) jsr