Kerala High Court
Baiju K.R vs State Of Kerala on 12 April, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE HARISANKAR V. MENON
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C)NO.13910 OF 2024
PETITIONERS:
1 BAIJU K.R.
AGED 46 YEARS
S/O RAGHAVAN, KULATHAMANNIL, VAZHAMUTTOM, OMALLOOR P.O,
PATHANAMTHITTA, PIN - 689647
2 PRADEEP M.
AGED 37 YEARS
S/O MANIYAN CHETTIYAR, THUNDIYIL VADAKETHIL,
OMALLOOR P.O, PATHANAMTHITTA, PIN - 689647
BY ADV S.NIKHIL SANKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
2 TRAVANCORE DEVASWOM BOARD
NANTHANCODE, KAWDIAR P.O., THIRUVANANTHAPURAM,
REPRESENTED BY SECRETARY, PIN - 695003
3 DEVASWOM COMMISIONER
DEVASWOM COMMISIONERATE, TRAVANCORE DEVASWOM BOARD,
PRASANTHI NAGAR, PAZAHAVANGADI P.O.,
THIRUVANANTHAPURAM, PIN - 695023
4 THE SUB GROUP OFFICER
SREE RAKTHAKANDA SWAMY TEMPLE, PATHANAMTHITTA-KAIPATTU
ROAD, OMALLOOR P.O, PATHANAMTHITTA, PIN - 689647
5 STATION HOUSE OFFICER
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA P.O, PIN
2
W.P.(C)No.13910 of 2024
- 689645
6 THE TEMPLE ADVISORY COMMITTEE,
SREE RAKTHAKANDA SWAMY TEMPLE, PATHANAMTHITTA-
KAIPATTUR ROAD, OMALLOOR P.O, PATHANAMTHITTA,
REPRESENTED BY ITS SECRETARY, PIN - 689647
7 RENJITH @ PUTTU
PALLIKALETHU VEEDU, PAIVALLI BHAGHOM, OMALLOOR P.O,
PATHANAMTHITTA, PIN - 689647
8 PRASANTH S., CHENANGHAT, AIYMALIMEKKU, OMALLOOR P.O,
PATHANAMTHITTA, PIN - 689647
9 HARANANDANAN
S/O MARIMUTHU NIRAPPEL VEEDU, PAIVALLI BHAGHOM,
OMALLOOR P.O, PATHANAMTHITTA, PIN - 689647
SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ;
SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C)No.13910 of 2024
JUDGMENT
Anil K. Narendran, J.
The petitioners, who are devotees of Sree Rakthakanda Swamy Temple, Omallur, which is a temple under the management of the Travancore Devaswom Board, have filed this writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2 to 5 to ensure a peaceful and calm atmosphere upholding the divinity of the sanctum sanctorum of Sree Rakthakanda Swamy Temple, Omallur, Pathanamthitta District, protecting the right to worship of the petitioners enshrined under Article 21 of the Constitution of India; a writ of mandamus commanding the 4th respondent Sub Group Officer to consider Exhibit P4 representation dated 19.03.2024, within a time frame fixed by this Court, and to redress the grievance ventilated by the petitioners forthwith; a writ of mandamus commanding the 5th respondent Station House Officer to consider Exhibit P5 representation dated 22.03.2024, within a time frame to be fixed by this Court, and to redress the grievance ventilated by the petitioner forthwith; a writ of mandamus commanding respondents 2, 3 and 4 to take prompt steps to issue orders to prevent illegal use and unauthorised occupancy of the temple and its premises by respondents 7 to 9, for conducting mass drill and weaponry training, in strict compliance with Exhibits P3, P7, P9 circulars and Exhibit P8 direction of this Court in letter and spirit; a writ of mandamus commanding the 5th respondent to afford adequate protection and ensuring 4 W.P.(C)No.13910 of 2024 strict enforcement of law and order in strong and effective implementation of Exhibits P3, P7, P9 circulars and Exhibit P8 direction of this Court; a writ of mandamus commanding respondents 2 to 5 to protect and safeguard the divine, serene, calm and peaceful atmosphere required to be maintained at a temple, by ensuring peaceful mind, avoiding agony and mental stress to ardent devotees, more specifically belonging to senior citizens, women and children category, visiting Sree Rakthakanda Swamy Temple, Omallur, against any violation of Exhibits P3, P7, P9 circulars and Exhibit P8 direction of this Court, by respondents 7 and 9, their henchmen or anyone associated with them; a writ of mandamus commanding respondents 2 to 5 to ensure that its temples and temple premises, with specific reference to Sree Rakthakanda Swamy Temple, Omallur are permitted to be used only for offering silent prayers of devotees visiting the temple, ensuring calm atmosphere required to be maintained during meditation and offering prayers at the temple and to prevent all such illegal activities including of shouting of loud slogans as done by respondents 7 to 9 including their henchmen as a part of mass drill/weaponry training disrupting the peaceful and serene atmosphere required to be maintained at a temple forthwith and ensuring strict compliance in future as well; and a writ of mandamus commanding the 5th respondent to maintain law and order in the temple and its premises by affording adequate police protection during the festival celebrations of the temple scheduled from 21.04.2024 to 30.04.2024.
2. On 04.04.2024, when this matter came up for admission, after 5 W.P.(C)No.13910 of 2024 arguing for some time, the learned counsel for the petitioner sought an adjournment, and accordingly the matter was posted to 09.04.2024. On 04.04.2024, the petitioner filed I.A.No.1 of 2024, an application seeking an order to implead Rashtriya Swayamsevak Sangh as an additional respondent.
3. On 09.04.2024, this writ petition was ordered to be listed along with the Judges' papers in W.P.(C)No.18621 of 2023.
4. Today, when the matter is taken up for consideration, after arguing for some time, the learned counsel for the petitioner seeks permission to withdraw this writ petition without prejudice to the right of the petitioners to file a fresh writ petition with proper pleadings and materials regarding the alleged weaponry training in the premises of Sree Rakthakanda Swamy Temple, Omallur.
5. Based on the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioners.
Registry to return the Judges' papers in W.P.(C)No.18621 of 2023.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
HARISANKAR V. MENON, JUDGE AV/12/4 6 W.P.(C)No.13910 of 2024 APPENDIX OF WP(C) 13910/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE I.D CARD OF THE 2ND PETITIONER AS MEMBER OF THE TEMPLE ADVISORY COMMITTEE, ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE TRAINING CONDUCTED BY THE 7TH TO 9TH RESPONDENTS Exhibit P3 TRUE COPY OF THE CIRCULAR BEARING R.O.C.NO:
489/2021/VIG ISSUED BY THE 3RD RESPONDENT DATED 30/03/2021 Exhibit P4 TRUE COPY OF THE COMPLAINT PREFERRED BY THE 1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED 19/03/2024 Exhibit P5 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT DATED 22/03/2024 Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY 5TH RESPONDENT TO THE 1ST PETITIONER DATED 22/03/2024 Exhibit P7 .TRUE COPY OF THE CIRCULAR BEARING NO:ROC NO:17/23/VIG ISSUED BY THE 2ND RESPONDENT DATED 18/05/2023 Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 7.8.2023 OF THIS HONOURABLE COURT IN G. VYASAN AND ANOTHER V STATE OF KERALA AND OTHERS[2023 KHC 9216] Exhibit P9 TRUE COPY OF THE CIRCULAR NO: R.O.C.NO:
23/2023/VIG ISSUED BY THE 3RD RESPONDENT DATED 20/10/2023 Exhibit P10 TRUE COPY OF THE F.I.R DATED 19.5.2022 IN CRIME NO:585/2022 OF PATHANAMTHITTA POLICE STATION Exhibit P11 TRUE COPY OF THE FACEBOOK POST OF THE 7TH RESPONDENT DATED 23/10/2023 7 W.P.(C)No.13910 of 2024