Kerala High Court
Sree Kadapparambathkavu Bhagavathi ... vs State Of Kerala on 5 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 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 43901 OF 2023
PETITIONER:
SREE KADAPPARAMBATHKAVU BHAGAVATHI DEVASWOM
REPRESENTED BY ITS EXECUTIVE OFFICER,
KODOORKKARA P.O., PALAKKAD -, PIN - 679303
BY ADVS.
MAHESH V RAMAKRISHNAN
CHITRA JOHNSON
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS CHIEF SECRETARY TO GOVERNMENT,
GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 SECRETARY TO GOVERNMENT
REVENUE (DEVASWOMS) DEPARTMENT, SECRETARIAT,
P.O.THIRUVANANTHAPURAM, PIN - 695001
3 SECRETARY TO GOVERNMENT
HOME DEPARTMENT, SECRETARIAT, P.O.THIRUVANANTHA-
PURAM, PIN - 695001
4 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE
CIVIL STATION, PALAKKAD, PIN - 678001
5 SUB COLLECTOR & ADDITIONAL DISTRICT MAGISTRATE,
COURT ROAD, OTTAPALAM, PALAKKAD, PIN - 679101
6 THE TAHSILDAR & EXECUTIVE MAGISTRATE
PATTAMBI TALUK, TALUK OFFICE PATTAMBI,
PALAKKAD, PIN - 678303
7 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, YAKKARA
ROAD, P.O.PALAKKAD, PALAKKAD, PIN - 678014
8 STATION HOUSE OFFICER
PATTABI POLICE STATION, P.O.PATTAMBI,
PALAKKAD - PIN - 679303
9 MALABAR DEVAWOM BOARD
REP. BY ITS SECRETARY, HOUSEFED COMPLEX, P.O.
ERAHNIPALAM, KOZHIKODE -, PIN - 673006
W.P.(C)No.43901 of 2023
2
10 THE COMMISSIONER
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, P.O.
ERAHNIPALAM, KOZHIKODE -, PIN - 673006
11 THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, MALAPPURAM DIVISION, MINI
CIVIL STATION, P.O.TIRUR, MALAPPURAM -, PIN -
676505
12 N.K.MANIKANTAN
JILLA KARYAVAHAK, SANKHA NIKETHAN, CHEMBAIPURI,
OTTAPALAM, PALAKKAD -, PIN - 679101
13 ADDL.R13. RASHTRIYA SWAYAM SEVAK SANGH (RSS),
REPRESENTED BY ITS JILLA KARYAVAHAK, SANKHA NI-
KETHAN, CHEMBAIPURI, OTTAPPALAM, PALAKKAD -
679101 (IS IMPLEADED AS PER ORDER DATED 10-01-
2024 IN IA 1/23 OF WPC 43901/2023)
SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SMT
R.RANJANIE- STANDING COUNSEL - MALABAR DEVASWOM
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.43901 of 2023
3
JUDGMENT
Anil K. Narendran, J.
The petitioner, namely, Sree Kadapparambathkavu Bhagavathi Devaswom, represented by its Executive Officer, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 4th respondent District Collector & District Magistrate, Palakkad, the 5 th respondent Sub Collector & Additional District Magistrate, Ottapalam, the 6th respondent Tahsildar & Executive Magistrate, Pattambi Taluk, the 7th respondent District Police Chief, Office of the District Police Chief, Palakkad and the 8th respondent Station House Officer, Pattambi Police Station to take appropriate legal action to prevent illegal and unauthorised activities of conducting 'Shakha', doing weapon practice and raising slogans by the 12 th respondent, who is the Jilla Karyavahak and the organisation represented by him, within the properties of the petitioner temple, as shown in the information dated 30.12.2021 given by the Public Information Officer and Village Officer, Ongallur-2 Village. The petitioner has also sought for a declaration that no organisation or association including the 12th respondent Jilla Karyavahak and the organisation represented by him has any manner of right or authority to conduct their activities inside the property of the W.P.(C)No.43901 of 2023 4 petitioner temple; and a writ of mandamus commanding the 7th respondent District Police Chief and the 8 th respondent Station House Officer and the officers under them to accord adequate protection to the Executive Officer appointed as per order No.J5- 6646/2019/MDB dated 08.07.2022 issued by the Commissioner, Malabar Devaswom Board, Kozhikode, the deity of the petitioner Devaswom, its Officers and employees working there and the worshippers visiting the temple for offering prayers from the 12 th respondent Jilla Karyavahak and the organisation namely the Rashtriya Swayam Sevak Sangh (RSS) represented by him and their supporters.
2. On 21.12.2023, when this writ petition came up for admission, the learned counsel for the petitioner sought time to file an interlocutory application seeking appropriate reliefs. Thereafter, I.A.No.1 of 2024 was filed for impleadment of Rashtriya Swayam Sevak Sangh (RSS), represented by its Jilla Karyavahak, as the additional 13th respondent, which was allowed by the order dated 10.01.2024.
3. On 24.01.2024, when this matter came up for consideration, the learned counsel for the petitioner sought time to get instructions as to whether a hereditary trustee or a Trustee Board is in management of Sree Kadapparambathkavu Bhagavathi W.P.(C)No.43901 of 2023 5 Devaswom and whether a copy of Ext.P8 complaint, was enclosed along with the notice dated 27.03.2023 issued to the 12 th respondent.
4. On 08.02.2024, along with I.A.No.2 of 2024, the petitioner has placed on record Ext.P12 judgment of this Court dated 27.07.2022 in W.P.(C)No.24366 of 2022 and Ext.P13 Government Order dated 04.01.2024.
5. Today, when this matter is taken up for consideration, after arguing for some time, the learned counsel for the petitioner would submit that the Executive Officer shall issue a fresh notice to the party respondents, enclosing therewith a copy of Ext.P8 complaint dated 23.09.2022. Thereafter, the petitioner shall approach this Court in a fresh writ petition with appropriate pleadings and proper reliefs, in case the situation warrants.
In such circumstances, recording the aforesaid submission made by the learned counsel for the petitioner, this writ petition is dismissed as withdrawn; however, without prejudice to the aforesaid right of the petitioner.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
HARISANKAR V. MENON, JUDGE ACR W.P.(C)No.43901 of 2023 6 APPENDIX OF WP(C) 43901/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SCHEME OF ADMINISTRATION WAS FRAMED BY THE DEPUTY COMMISSIONER, MALABAR DEVASWOM BOARD AS PER ORDER IN OA NO.18/81(A)(A1.4854/81) Exhibit P2 TRUE COPY OF THE INFORMATION DATED 30-12- 2021 FURNISHED BY THE PUBLIC INFORMATION OFFICER AND VILLAGE OFFICER, ONGALLUR-2 VILLAGE.
Exhibit P3 TRUE COPY OF THE SURVEY PLAN DATED 09-01- 1980 ISSUED BY THE TALUK SURVEYOR OF OT- TAPPALAM TALUK Exhibit P4 TRUE COPY OF THEORDER NO.J5-6646/2019/MDB DATED 08-07-2022 BY THE 10TH RESPONDENT Exhibit P5 TRUE COPY OF THE LIST OF ARTICLES PRE-
PARED WHILE ASSUMING CHARGE OF THE PETI- TIONER TEMPLE ON 12-08-2022.
Exhibit P6 TRUE COPY OF THE JUDGEMENT IN WP© NO.27288 OF 2021 DATED 17-05-2022 OF THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE A LETTER NO.J5- 7362/2022/MDB DATED 16-01-2023 ISSUED BY THE 10TH RESPONDENT TO THE PETITIONER Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 23-09- 2022 SUBMITTED ONE RAJESH M. Exhibit P9 TRUE COPY OF THE NOTICE DATED 27-03-2023 ISSUED BY THE PETITIONER HEREIN TO THE 12TH RESPONDENT Exhibit P10 TRUE COPY OF THE REPLY NOTICE DATED 05- 04-2023 ISSUED BY THE 12TH RESPONDENT TO THE PETITIONER Exhibit P11 TRUE COPY OF THE PETITION DATED 24-04- 2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS 4 TO 8 Exhibit P12 TRUE COPY OF THE JUDGEMENT DATED 27-07- 2022 IN W.P.(C) NO. 24366 OF 2022 OF THIS HON'BLE COURT.
Exhibit P13 TRUE COPY OF THE ORDER G.O.(RT) NO.
57/2024/RD DATED 04-01-2024 ISSUED BY THE GOVERNMENT OF KERALA.