Prasadkumar C N v. State Police Chief

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 38310 of 2015 (K) ---------------------------- PETITIONER:

------------------- PRASADKUMAR C N, AGED 34 YEARS, S/O. NEELAKANDAN NAMPOOTHIRI, PRESIDENT, KANAKKARY SREEKRISHNA SAWMI KSHETRAM, RESIDING AT CHIRAKARA THEKKE ILLAM, KANAKKARY P.O., KOTTAYAM - 686 632.

BY ADVS.SRI.S.SUBHASH CHAND SRI.S.JAYAKRISHNAN RESPONDENT(S):

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1. THE STATE POLICE CHIEF, THIRUVANANTHAPURAM, PIN - 695 001.

2. THE DISTRICT POLICE CHIEF, KOTTAYAM, PIN - 686 001.

3. THE DEPUTY SUPERINTENDENT OF POLICE (GENERAL), KOTTAYAM, PIN - 686 001.

4. THE SUB INSPECTOR OF POLICE, KURAVILANGADU POLICE STATION, KURAVILANGADU P.O., KURAVILANGADU, KOTTAYAM DISTRICT, PIN - 686 633.

5. N.S.S KARAYOGAM NO. 153, KANAKKARY P.O., KOTTAYAM, PIN - 686 632, REPRESENTED BY ITS SECRETARY.

6. THE MANAGER, KANAKKARY SREEKRISHNA SAWMI DEVASWOM, KANAKKARY P.O., KOTTAYAM, PIN - 686 632.

R1 TO R4 BY SENIOR GOVT. PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 38310 of 2015 (K) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- P1 - TRUE COPY OF COMMUNICATION DT. 31.8.2015 ISSUED BY KANAKARI SREEKRISHNA SAWMI KSHETRA URAZHMA DEVASWOM.

P1(A) - TRUE COPY OF ITS ENGLISH TRANSLATION. P2 - TRUE COPY OF LETTER NO. 12/2015-16 DT. 12.9.2015 ISSUED BY THE 5TH RESPONDENT.

P2(A) - TRUE COPY OF ITS ENGLISH TRANSLATION. P3 - TRUE COPY OF THE DECISION DT. 09.11.2015 TAKEN BY THE 5TH RESPONDENT.

P3(A) - TRUE COPY OF ITS ENGLISH TRANSLATION. P4 - TRUE COPY OF THE COMPLAINT REGARDING POLICE PROTECTION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P4(A) - TRUE COPY OF ITS ENGLISH TRANSLATION. P5 - TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PEITTIONER BEFORE THE 4TH RESPONDENT DEMOLITION OF TEMPLE'S GATE. P5(A) - TRUE COPY OF ITS ENGLISH TRNASLATION. RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE mbr/

ASHOK BHUSHAN, C.J & K. RAMAKRISHNAN, J.

--------------------------------------- W.P.(C) No.38310 of 2015 ---------------------------------------- Dated this the 17th day of December 2015

J U D G M E N T

Ashok Bhushan, CJ.

Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

The petitioner has come up with this writ petition seeking for police protection. It is submitted that the petitioner is working as 'Mel Saanthi' in a temple, in which, the 5th respondent is creating obstruction in performing poojas etc. A complaint is also stated to have been filed by the petitioner, Ext.P5. 3.

Learned Government Pleader on instructions would submit that the 5th respondent, N.S.S. Karayogam represented by its Secretary, has nominated a person, one Suresh as 'Mel Saanthi' and there is dispute regarding entitlement of 'Mel Saanthi'.

4.

We are of the view that the issues raised in this writ petition cannot be adjudicated in a police protection matter. It shall be open for the petitioner to take such steps to obtain

W.P.(C) No.38310 of 2015 -: 2 :- appropriate relief from the competent court/authority regarding the entitlement.

With the above observation, this writ petition is closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- K. RAMAKRISHNAN J UDGE Jvt/18.12.2015