Kerala High Court
Joshi P vs State Of Kerala on 10 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:50911
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 25310 OF 2025
PETITIONER:
JOSHI P.
AGED 66 YEARS
S/O. LATE PRABHAKARAN G. GRA 609,
KAILASAM, 17/4257, PATTOM P.O.
THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
SRI.R.KRISHNA RAJ
SRI.R.PRATHEESH (ARANMULA)
SMT.E.S.SONI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOME KERALA
GOVERNMENT SECRETARIAT,
THIRUVANANATHAPURAM, PIN - 695001
2 DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE,
KOTTAYAM, PIN - 686002
3 STATION HOUSE OFFICER
ERUMELI POLICE STATION,
ERUMELI, KOTTAYAM, PIN - 686509
2025:KER:50911
WP(C) No.25310 of 2025
2
BY ADV.
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:50911
WP(C) No.25310 of 2025
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JUDGMENT
Dated this the 10th day of July, 2025 The petitioner owns 49 Cents of land in Block No.24 of Survey No.102/4/3/1 of Erumeli Thekku Village. One K. K. Padmanabhan of North Paravoor, Ernakulam filed W.P.(C) No.24687/2025 for a direction to the District Collector and to the Panchayat to take appropriate action to see that construction of the Vapura Swami Temple in the property is prohibited.
2. The petitioner, who was the 11 th respondent in the said writ petition submitted before the Court that the building constructed by him in the property had already been demolished. It was further submitted by the petitioner that the petitioner has no intention to construct any Temple in the property in question, without complying with the statutory 2025:KER:50911 WP(C) No.25310 of 2025 4 requirements of the provisions referred to in the order dated 04.07.2025 of this Court. At present, the petitioner intends to perform certain Poojas in the land in question for which police protection may be granted.
3. The operative portion of the judgment in W.P.(C) No.24687/2025 reads as follows:
"In such circumstances, this writ petition is disposed of after recording the submission made by the learned Senior Counsel for the 11 th respondent, as instructed by the learned instructing counsel, and that of the learned Standing Counsel for the 8 th respondent Grama Panchayat that the building constructed by the 11th respondent in the property having an extent of 49 cents in Block No.024, Sy.No.102/4/3/1 of Erumeli Thekku Village, had already been demolished. The further submission of the learned Senior Counsel for the 11 th respondent that the said respondent has no intention to construct any temple in the property in question, without complying with the statutory requirements of the provisions referred to in the order of this Court dated 04.07.2025, is recorded. The direction contained in the order of this Court dated
04.07.2025, directing the 10th respondent Station House Officer to maintain the law and order in the locality, if found necessary, after reporting the issue to the District Police Chief, Kottayam, shall continue to be in force."
2025:KER:50911 WP(C) No.25310 of 2025 5
4. The petitioner is now before this Court stating that he is proposing to hold Poojas in the 49 Cents of land in Erumeli Thekku Village. By external forces, the Pooja is likelihood to be disrupted. The petitioner therefore sought the following reliefs:
(a) Issue a writ of mandamus or such other writ or order or direction directing the 2nd respondent not to interfere with the performance of poojas by the petitioner and his aides in his property having an extent of 49 cents situated in Block No.24 of Survey No.102/4/3/1 of Erumeli Thekku Village starting from 11th of July, 2025.
(b) Issue a writ of mandamus or such other writ or order or direction to direct respondents 2 and 3 to grant adequate police protection to the life and liberty of the petitioner and also his aides and also protection from the illegal interference disrupting the poojas performed by the petitioner in his property having an extent of 49 cents situated in Block No.24 of Survey No.102/4/3/1 of Erumeli Thekku Village starting from 11th of July, 2025.
5. Government Pleader submitted that the intention of the petitioner is to construct a Temple in the 2025:KER:50911 WP(C) No.25310 of 2025 6 property and thereby cause communal disharmony. It is for that reason that the Division Bench has interfered in the matter. The petitioner has undertaken before the Division Bench that no construction of place of worship will be made without obtaining statutory clearances and licences.
6. The Government Pleader further informed that though it was submitted before the Division Bench that the existing building was demolished, the foundation of the said building is existing in the premises even now. The conduct of Pooja by the petitioner is likely to create communal disharmony not only in Erumeli but throughout the State of Kerala. The Government Pleader submitted that police will interfere in the matter only if there is any law and order problem.
7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing 2025:KER:50911 WP(C) No.25310 of 2025 7 the respondents.
8. The first prayer of the petitioner is to direct the 2nd respondent not to interfere with the performance of Poojas by the petitioner and his aides in his property having an extent of 49 Cents. Usually, if a citizen is conducting a Pooja in a land without violating any statutory rules, the 2 nd respondent need not interfere with the performance of such Poojas. However, if there is a likelihood of law and order problem, the police authorities will be justified in such interference.
9. The second prayer of the petitioner is to grant adequate police protection to the life and liberty of the petitioner and his aides. The petitioner has not specifically pointed out as to from whom the petitioner faces threat and as against whom a police protection is required. Persons against whom police protection is sought are not impleaded in the writ 2025:KER:50911 WP(C) No.25310 of 2025 8 petition. A police protection in ordinary course cannot be granted against unknown persons or public at large.
In the facts of the case, the writ petition is disposed of directing the 2nd respondent to ensure that law and order is maintained in the area.
Sd/-
N.NAGARESH JUDGE spk 2025:KER:50911 WP(C) No.25310 of 2025 9 APPENDIX OF WP(C) 25310/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE JUDGEMENT OF THIS HON'BLE COURT IN WP(C) NO.24687/2025 DATED 07.07.2025 Exhibit P-2 TRUE COPY OF THE COMPLAINT OF THE PETITIONER DATED 07.07.2025 Exhibit P-3 TRUE COPY OF THE COMPLAINT OF THE PETITIONER DATED 08.07.2025