Kerala High Court
Lathika vs State Of Kerala on 23 February, 2026
W.A. No. 2447 of 2025
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2026:KER:16093
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. SOUMEN SEN
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
MONDAY, THE 23RD DAY OF FEBRUARY 2026 / 4TH PHALGUNA, 1947
WA NO. 2447 OF 2025
AGAINST THE JUDGMENT DATED 20.08.2025 IN WP(C)
NO.21335 OF 2023 OF HIGH COURT OF KERALA
APPELLANT/S:
1 LATHIKA
AGED 65 YEARS
W/O RAJU, PUTHENPURAYIL, PUTHUPPALI NORTH MURI,
PUTHUPPALLI VILLAGE, KARTHIKAPPALLI TALUK,
ALAPPUZHA DISTRICT 690515 NEW ADDRESS
2 SATHI
AGED 62 YEARS
W/O DEVARAJAN, SAVITHALAYAM, ALUMPEEDIKA,
CLAPPANA SOUTH, CLAPPANA VILLAGE, KARUNAGAPPALLI
TALUK, KOLLAM DISTRICT, PIN - 690525
3 SUDHA
AGED 59 YEARS
W/O THAKSHAKAN, SUDHALAYAM, THEKKEKOCHU MURI,
KRISHNAPURAM VILLAGE, KARTHIKAPPALLI TALUK,
ALAPPUZHA DISTRICT, PIN - 690515
4 GEETHA
AGED 54 YEARS
W/O SASI, SYAMBHAVANAM, PRAYAR NORTH, PUTHUPPALLI
VILLAGE, KARTHIKAPPALLI, ALAPPUZHA DISTRICT, PIN
- 690547
W.A. No. 2447 of 2025
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2026:KER:16093
5 SHEEJA
AGED 49 YEARS
W/O RAJASEKHARAN, VILAYISSERIL, PRAYAR NORTH
MURI, PUTHUPPALLI VILLAGE, KARTHIKAPPALLI TALUK,
ALAPPUZHA DISTRICT, PIN - 690547
BY ADVS.
SRI.OMAR SALIM
SRI.A.N.BIJU
SHRI.ASHISH ABY DAVID
SMT.GOURI S.
SMT.SAMGEETHA KUMARY.G
SMT.KAVYA S.A.
KUM. K. REMIYA RAMACHANDRAN
SRI.S.SANAL KUMAR (SR.)
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRATARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE CITY POLICE COMMISSIONER
POLICE COMMISSIONER'S OFFICE, MUNDAKKAL, KOLLAM
DISTRICT, PIN - 691001
3 ASSISTANT COMMISSIONER OF POLICE
OFFICE OF ASST. COMMISSIONER OF POLICE, NH 47,
NEAR POLICE STATION BUILDING, KARUNAGAPPALLI,
KOLLAM DISTRICT, PIN - 690518
4 THE STATION HOUSE OFFICER
OACHIRA POLICE STATION, OACHIRA P.O., KOLLAM
DISTRICT, PIN - 690526
5 B. PREMNATH
ADVOCATE COMMISSIONER, KERALA HIGH COURT,
ERNAKULAM, KOCHI, PIN - 682035
6 THE OACHIRA TEMPLE ADMINISTRATION BOARD
OACHIRA PARABRAHMA TEMPLE, OACHIRA P.O., PIN 690
526 REPRESENTED BY ITS SECRETARY, ADV.
W.A. No. 2447 of 2025
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2026:KER:16093
K.GOPINATHAN, AGED 90 YEARS, S/O KOCHUKRISHNAN,
RESIDING AT SREERANGAM, PUTHUPPALLY SOUTH,
PUTHUPPALLY P.O., ALAPPUZHA IS IMPLEADED AS
ADDITIONAL R11 AS PER ORDER DATED 2.8.2023 IN
I.A.1/2023
7 OACHIRA PARABRAHMA TEMPLE
REPRESENTED BY HON'BLE JUSTICE K.RAMAKRISHNAN
(RETD) ,ADMINISTRATIVE HEAD/ADMINISTRATOR ,
OCHIRA ,ALAPPUZHA DISTRICT.PIN-690527.**
IS IMPLEADED AS ADDL R12 AS PER ORDER DATED
28/05/2025 IN IA/1/2025 OF WP(C)-21335/2023
8 SOMAN
AGED 61 YEARS
KOYIKKILETHU PADITTATHIL, PRAYAR NORTH, PRAYAR
P.O., ALAPPUZHA DISTRICT, PIN - 690547
9 ANILKUMAR
AGED 50 YEARS
S/O RAGHUVARAN, UNNISSERITHARAYIL, PRAYAR SOUTH,
ALUMPEEDIKA P.O, KOLLAM DISTRICT, PIN - 690547
BY ADVS.
SRI.M.KIRANLAL
SRI.P.B.SUBRAMANYAN
SRI.MANU VYASAN PETER
SRI.SABU GEORGE
SMT.MEERA P.
SRI.MANU RAMACHANDRAN
SRI.T.S.SARATH
SRI.R.RAJESH (VARKALA)
SHRI.SAMEER M NAIR
SMT.SAILAKSHMI MENON
SMT. AASHI K. SHAJAN
SMT. CHITHRA JOHNSON
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
23.02.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A. No. 2447 of 2025
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2026:KER:16093
JUDGMENT
Dated this the 23rd day of February, 2026 Soumen Sen, C. J.
Heard Mr. Omar Salim, learned counsel for the appellants, Mr. M. Kiranlal, learned counsel for the 7 th respondent, and Mr. S. V. Balakrishna Iyer, learned Senior Advocate instructed by Ms. Chithra Johnson, learned counsel for respondent Nos. 8 and 9.
2. The dispute between the parties is essentially civil in nature, as the writ petitioners claim the right to perform their duties and discharge their functions at the Undikavu Shrine in the Oachira Parabrahma Temple on the basis of Exts. P3 to P6 identity cards.
3. In the counter affidavit filed on behalf of respondent Nos. 6 to 10/the appellants, while denying paragraph 6 of the writ petition, it is alleged that the identity cards were issued to Mr. Vasu, the father of respondent Nos. 6 to 10, and that W.A. No. 2447 of 2025 -5- 2026:KER:16093 upon his demise, the right devolved upon respondent Nos. 6 to 10, who claim the exclusive right to perform the customs and duties at the said temple.
4. The dispute, therefore, is essentially with respect to the right to perform pooja at the said temple. Without deciding such right, even prima facie, in appropriately instituted civil proceedings, the direction to render Police assistance based on Exts. P3 to P6 may not have been the proper course. There must be an establishment of a prima facie right to enter the temple and perform the poojas, and the said issue can be more appropriately decided in a civil suit. The writ petitioners, instead of filing a civil suit, approached the writ court relying upon Exts. P3 to P6, the authenticity of which is now in dispute.
5. It further appears that O.S. No. 42 of 2023, instituted by respondent Nos. 6 to 10, is pending before the Munsiff Court, wherein the said respondents have sought a declaration of their right as Sookshipukars of the Undikkavu Shrine consequent to the death of their father, along with a W.A. No. 2447 of 2025 -6- 2026:KER:16093 consequential injunction. In the said suit, the temple administration committee is the 2 nd defendant and the 1st petitioner in the writ petition is the 1 st defendant. The existence of the said suit was not disclosed in the writ petition. Moreover, the writ petitioners have filed petitions in O.S. No. 1 of 2006 before the District Court, Kollam, seeking to implead themselves and claiming a right over the income from the Undikkavu Shrine.
6. Having regard to the nature of the disputes pending before the civil court, the writ petitioners ought to have approached the civil court in the pending proceedings or instituted a fresh proceeding, as the writ jurisdiction is not an appropriate remedy in the facts and circumstances of the case.
7. We are informed that in the pending proceedings, Exts. P3 to P6 are not presently under challenge and that there is no order of injunction operating against the writ petitioners from entering the temple and performing their duties. Having regard also to the stand taken by respondent W.A. No. 2447 of 2025 -7- 2026:KER:16093 Nos. 6 to 10 before the learned Single Judge that they have not in any manner prevented, obstructed, or interfered with the conduct of poojas by the writ petitioners, there was no necessity for granting Police protection. There was no sufficient material before the learned Single Judge to arrive at a conclusion that there was a likelihood of a breakdown of law and order in the absence of such protection.
8. In view of the clear stand of respondent Nos. 6 to 10 that they are not obstructing, preventing, or interfering with the conduct of poojas by the writ petitioners, Police protection is not warranted.
9. Accordingly, the directions in the impugned judgment stands vacated. The parties are at liberty to seek appropriate reliefs in the pending proceedings or, if so advised, by instituting fresh proceedings to protect their rights.
10. In the event the writ petitioners are prevented from performing the poojas or participating in the conduct of the poojas in breach of the assurance given by respondent Nos. 6 W.A. No. 2447 of 2025 -8- 2026:KER:16093 to 10, it will be open to the writ petitioners to move appropriate applications in the pending civil proceedings or to institute fresh proceedings, as may be advised.
Sd/-
SOUMEN SEN CHIEF JUSTICE Sd/-
SYAM KUMAR V. M. JUDGE Eb W.A. No. 2447 of 2025 -9- 2026:KER:16093 APPENDIX OF WA NO. 2447 OF 2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE JUDGMENT DATED 03/12/2024 (2024 KHC 6670) IN CIVIL APPEAL NO(S). 13708 - 13709 OF 2024 PASSED BY THE HON'BLE SUPREME COURT Annexure A2 THE TRUE COPY OF THE COMMON ORDER DATED 17/06/2025 IN I.A. NO. 19/ 2022 AND I.A. NO. 55/2025 IN O.S. NO. 1/ 2006 PASSED BY THE ADDITIONAL DISTRICT JUDGE
- I, KOLLAM Annexure A3 THE TRUE COPY OF THE COMPLAINT DATED 11/09/2025 PREFERRED BY THE APPELLANT NO.4 (GEETHA) AGAINST THE RESPONDENTS 8 & 9 ALONG WITH ENGLISH TRANSLATION Annexure A4 THE TRUE COPY OF RELEVANT PAGE OF THE BANK STATEMENTS OF THE APPELLANTS ISSUED ON SEVERAL DATES IN THE YEAR 2024