Citation : 2021 Latest Caselaw 7026 Ker
Judgement Date : 1 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942
WP(C).No.4918 OF 2021(L)
PETITIONERS:
1 SREE SANKARA TRUST,
REG NO 12/1965, SREESANKARAPURAM,
VALAYANCHIRANGARA P.O.PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN-683 556,
REPRESENTED BY ITS CHAIRMAN,
ADV.M.V.S NAMPOOTHIRY, AGED 72 YEARS,
S/O LATE M.G.VISHNU NAMPOOTHIRY,
PRASANTHI, LISSIE HOSPITAL ROAD, ERNAKULAM,
COCHIN-682 018.
2 PROF. S.KRISHNAN SHIVOLY,
AGED 65 YEARS
S/O LATE KESAVAN NAMPOOTHIRY, SECRETARY,
SREE SANKARA TRUST, REG.NO 12/1965, SREESANKARAPURAM,
VALAYANCHIRANGARA P.O. PERUMBAVOOR, ERNAKULAM
DISTRICT, PIN-683 556.
BY ADVS.
SHRI.SHINTO THOMAS
SMT.ARCHANA DIVAKARAN
RESPONDENTS:
1 THE DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.
2 THE DEPUTY SUPERINTENDENT OF POLICE,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
ATTINGAL, THIRUVANANTHAPURAM-695 001.
3 THE SUB INSPECTOR OF POLICE,
NAGAROOR POLICE STATION,
THIRUVANANTHAPURAM-695 601.
4 POURA SAMITHI THIRUVIRALOORKAVU,
NAGAROOR P.O.THIRUVANANTHAPURAM-695 601, REPRESENTED
BY ITS SECRETARY
WP(C).No.4918 OF 2021(L)
2
5 POURA SAMITHI THIRUVIRALOORKAVU,
NAGAROOR P.O.THIRUVANANTHAPURAM-695 601,
REPRESENTED BY ITS PRESIDENT
6 MR. SHYAMKRISHNAN,
VALIYAVILA VEEDU, RAMANALLOORKONAM, NAGAROOR,
ATTINGAL TALUK, THIRUVANANTHAPURAM-695 601.
7 MR. CHELLAPPAN PILLAI,
C.V.SADANAM, CHEMBRAMKADU, KODUVAZHANOOR P.O.
THIRUVANANTHAPURAM-695 612.
R1 TO R3 BY SRI.SUNILNATH N B, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.4918 OF 2021(L)
3
JUDGMENT
The 1st petitioner Trust represented by its Chairman and the
2nd petitioner, who is the Secretary of the 1 st petitioner Trust, have
filed this writ petition under Article 226 of the Constitution of India,
seeking a writ of mandamus commanding respondents 1 to 3 to
grant effective and adequate police protection to the petitioners for
the administration of Thiruviraloorkavu Devi Temple, Thekkinkadu
Mahadeva Temple and Mahavishnu Temple and also for the smooth
conduct of the yajnam scheduled to be held on 11 th and 12 March,
2021. The petitioners have also sought for a direction forbearing
respondents 4 to 7 from interfering with the administration of the
temples by the Trust.
2. On 25.02.2021, when this writ petition came up for
admission, the petitioners were directed to file an application to
implead the Station House Officer of Nagaroor Police Station as
additional respondent. On 26.02.2021, when this writ petition came
up for consideration, this Court noticed that the 1 st petitioner in the
writ petition is Sree Sankara Trust, represented by its Chairman.
Going by the averments in paragraph 1 of the statement of facts,
as per the bye-laws of the 1st petitioner Trust, it has to be WP(C).No.4918 OF 2021(L)
represented in legal proceedings by its Secretary.
3. Today, when this writ petition is taken up for
consideration, the Chairman of the 1 st petitioner Trust, who
appeared in person, seeks permission to withdraw this writ
petition, without prejudice to the right of the petitioners to file a
fresh writ petition with appropriate pleadings and proper parties in
the party array.
Recording the above submission, this writ petition is
dismissed as withdrawn, without prejudice to the aforesaid right of
the petitioners.
Sd/-
ANIL K.NARENDRAN
JV JUDGE
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