Swami Sukhrithananda vs Director General Of Police
2021 Latest Caselaw 18065 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                        WP(C) NO. 4587 OF 2020
PETITIONER:

          SWAMI SUKHRITHANANDA
          AGED 76 YEARS
          S/O.GANGADHARAN, SREE NARAYANA DHARMA SANGHAM TRUST
          MEMBER, SIVAGIRI, VARKALA P.O.,
          THIRUVANANTHAPURAM-695131.
          BY ADV K.JAGADEESH



RESPONDENTS:

    1     DIRECTOR GENERAL OF POLICE
          POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695001.

    2     STATION HOUSE OFFICER,
          VARKALA POLICE STATION, VARKALA, THIRUVANANTHAPURAM-
          695131.

    3     FRIGI THANKAPPAN,
          THACHOTT HOUSE, PANAYARA, VARKALA, THIRUVANANTHAPURAM-
          695131.

    4     MANOJ,
          ACCOUNTANT, SIVAGIRI MADOM, VARKALA,
          THIRUVANANTHAPURAM-695131.

    5     ADV.MANOJ,
          LEGAL ADVISOR, SIVAGIRI MADOM, VARKALA,
          THIRUVANANTHAPURAM-695131.

    6     ABHIMANYU,
          MANAGER, GUEST HOUSE, SIVAGIRI MADOM, VARKALA,
          THIRUVANANTHAPURAM-695131.

    7     SWAMI VISUDHANANDA,
          SREE NARAYANA DHARMA SANGHOM TRUST MEMBER, SIVAGIRI,
          VARKALA, THIRUVANANTHAPURAM-695131.

    8     SWAMI SANDHRANANDA,
          SREE NARAYANA DHARMA SANGHOM TRUST MEMBER, SIVAGIRI,
 WP(C) NO. 4587 OF 2020
                                 2

            VARKALA, THIRUVANANTHAPURAM-695131.

    9       SWAMI SARADANANDA,
            SREE NARAYANA DHARMA SANGHOM TRUST MEMBER,
            SIVAGIRI, VARKALA, THIRUVANANTHAPURAM-695131.

            BY ADVS.
            SRI.V.JAYAPRADEEP
            SMT.ANN SUSAN GEORGE
            SMT.O.A.NURIYA
            SRI.D.S.LOKANATHAN
            SRI.ALAN PRIYADARSHI DEV




            SRI E.C BINEESH- GOVERNMENT PLEADER




     THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION    ON   03.09.2021,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 4587 OF 2020
                                   3

                             JUDGMENT

The petitioner, who is stated to be a ascetic

of the "Sivagiri Madom", Varkala, has approached

this Court alleging that he was illegally ousted

from his room of residence in the "Madom" on

06.07.2019; and that he has been threatened with

violence and even death by respondents 3 to 9, if

he attempts to re-enter in it.

2. The petitioner says that he had, therefore,

preferred Ext.P1 representation before the 1st

respondent - Director General of Police and a

further one before the Hon'ble Chief Minister, as

is evident from Ext.P2 and prays that respondents 1

and 2 be directed to act upon them, to thus offer

adequate and affective police protection, so as to

allow him to continue to reside within the

"Sivagiri Madom".

3. The petitioner alleges that the police have

not acted upon the afore representations made by WP(C) NO. 4587 OF 2020

him and consequently that he has been constrained

to approach this Court through this writ petition.

4. The afore submissions of Sri.K.Jagadeesh -

the learned counsel for the petitioner, were

opposed by Sri.Jaya Pradeep V. - the learned

counsel appearing for respondents 3 to 9, arguing

that petitioner is no longer a member of the Trust

and therefore, that he has no right to reside

within the "Sivagiri Madom" at Varkala. He then

pointed out that, even as per the petitioner, he

left his room of residence in the "Sivagiri Madom"

on 06.07.2019 and alleged that his present attempt

is to obtain an order from this Court and to obtain

a re-entry, though he is not entitled to do so as

per law and as per the applicable Regulations and

Rules of the Trust. He, therefore, prayed that this

writ petition be dismissed.

5. The learned Government Pleader -

Sri.E.C.Bineesh, submitted that life of the

petitioner will always be protected by the police; WP(C) NO. 4587 OF 2020

but that the question whether he has the right to

enter the "Sivagiri Madom" or to reside there

cannot be resolved by them, since these issues are

in the realm of civil disputes. He, therefore,

prayed that this writ petition be ordered,

permitting respondents 1 and 2 to take necessary

action, as and when it becomes warranted, in the

case of any threat to the life of the petitioner.

6. I must say that the request of the

petitioner made in this writ petition cannot be

granted by this Court because what he effectively

wants is to re-enter his earlier room of residence

in the "Sivagiri Madom", which he himself admits he

left - albeit under duress - on 06.07.2019.

Pertinently, he has chosen to make a complaint only

to the 1st respondent - Director General of Police

and thereafter, approached the Hon'ble Chief

Minister; but he has not, at any time, made any

request to the 2nd respondent - Station House

Officer, either seeking protection for his life or WP(C) NO. 4587 OF 2020

for any other purpose.

7. Notwithstanding the afore , certainly, this

Court is enjoined to ensure that the life of the

petitioner is protected from every harm, but the

question whether he is entitled to re-enter the

"Sivagiri Madom", is a matter which this Court

cannot adjudicate and am certain that the

petitioner must invoke his other remedies, as are

available to him, before the competent Civil Court

or such other forum.

Resultantly and for the reasons above, I order

this writ petition, directing the 2nd respondent to

ensure that the life of the petitioner is always

protected, but without interfering with the civil

disputes between the parties. I further make it

clear that petitioner will not be entitled to re-

enter the "Sivagiri Madom" based on this judgment

and that he must invoke other remedies as are

available to him, if he is so desirous. WP(C) NO. 4587 OF 2020

At this time, Sri.K.Jagadeesh, intervened to

say that a crime has already been registered

against respondents 3 to 9, namely Crime

No.6069/2019 of Varkala Police Station and prays

that the competent Police Authorities be directed

to investigate it and take necessary action.

I am afraid that this Court cannot accede to

this request either, since it is for the petitioner

to approach the competent Magistrate Court for such

purpose and leave full liberty to him to do so.

Sd/-

DEVAN RAMCHANDRAN JUDGE MC/10.9 WP(C) NO. 4587 OF 2020

APPENDIX OF WP(C) 4587/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 30.7.2019.

EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE SAID REPRESENTATION SUBMITTED BY THE PETITIONER DATED 6.11.2019.

EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE AFFIDAVIT AND THE PETITION IN IA NO.1383/2016 IN OS NO.127/1954 OF SUB COURT, ATTINGAL DATED 26.10.2016

TRUE PHOTOSTAT COPY OF THE COMPLAINT EXHIBIT P4 SUBMITTED BY THE PETITIONER BEFORE THE VARKALA POLICE STATION DATED 06.05.2018

RESPONDENT EXHIBITS

EXHIBIT R8 A COPY OF THE IA 22/2018 DATED 15/10/18

EXHIBIT R8 B COPY OF ORDER DATED 5/7/2019 OF THE HON'BLE COURT IN IA116/2017 IN AS.14/56

EXHIBIT R8 C COPY OF AFFIDAVIT AND PETITION DATED 30/8/2019 OF SWAMY KRISHNANANDA BEFORE THE ATTINGAL SUB COURT IN OS.127/54

EXHIBIT R8 D COPY OF THE SWORN STATEMENT DATED 3/10/2019 OF SWAMY KRISHNANDA BEFORE THE ATTINGAL SUB COURT

EXHIBIT R8 E COPY OF THE ENQUIRY REPORT AND THE MAHAZAR DATED 5/5/2018 OF THE SIVIGIRI MUTT

EXHIBIT R8 F COPY OF THE MINUTES OF THE BOARD MEETING DATED 29/5/2018 OF THE SIVIGIRI MUTT WP(C) NO. 4587 OF 2020

EXHIBIT R8 G COPY OF THE REPORT OF THE 3-MEMBER COMMISSION DATED 26/7/2018 OF THE SIVIGIRI COURT

EXHIBIT R8 H COPY OF THE PRINTOUTS OF SOME OF THE SCREENSHOTS OF THE COMMUNICATIONS OF THE PETITIONER FROM HIS MOBILE PHONE ON 05/12/17 -3.05 P.M

EXHIBIT R8 I COPY OF THE PRINTOUTS OF SOME OF THE SCREENSHOTS OF THE COMMUNICATIONS OF THE PETITIONER FROM HIS MOBILE PHONE ON 16/1/18 - 1.24 A.MA

EXHIBIT R8 J COPY OF THE PRINTOUTS OF SOME OF THE SCREENSHOTS OF THE COMMUNCATIONS OF THE PETITIONER FROM HIS MOBILE PHONE ON 30/03/18-4.25 P.M.

EXHIBIT R8 K COPY OF THE PRINTOUTS OF SOME OF THE SCREENSHOTS OF THE COMMUNCATIONS OF THE PETITIONER FROM HIS MOBILE PHONE ON 31/03/18- 12.03 P.M

EXHIBIT R8 L COPY OF THE PRINTOUTS OF SOME OF THE SCREENSHOTS OF THE COMMUNCATIONS BETWEEN THAT LADY AND THE PETITIONER FROM HIS MOBILE PHONE ON 7/4/18- 6.34 P.M

EXHIBIT R8 M COPY OF THE BANK DEPOSIT RECEIPT DATED 14/6/2016 OF VILAVATOM SERVICE CO- OPERTIVE BANK BEARING NO.38522

EXHIBIT R8 N COPY OF THE BANK DEPOSIT RECEIPT DATED 14/6/2016 OF VILAVATTOM SERVICE CO- OPERATIVE BEARING NO.38524

EXHIBIT 8 O COPY OF THE BANK DEPOSIT RECEIPT DATED 14/6/2016 OF VILAVATTOM SERVICE CO- OPERATIVE BEARING NO.38524

EXHIBIT R8 P COPY OF THE BANK DEPOSIT RECEIPT DATED 14/6/2016 OF VILAVATTOM SERVICE CO- OPERATIVE BEARING NO.38525 WP(C) NO. 4587 OF 2020

EXHIBIT R8 Q COPY OF THE BANK DEPOSIT RECEIPT DATED 14/6/2016 OF VILAVATTOM SERVICE CO- OPERATIVE BEARING NO.38526

EXHIBIT R8 R COPY OF THE FIR IN CRIME NO.293/18 OF VIYOOR POLICE STATION

EXHIBIT R8 S COPY OF THE NOTICE DATED 27/8/2018 OF THE SIVIGIRI MUTT

EXHIBIT R8 T COPY OF THE LETTER OF THE PETITIONER DATED 30/8/2018

EXHIBIT R8 U COPY OF THE LETTER OF THE PETITIONER DATED 8/9/2018

EXHIBIT R8 V COPY OF THE LEGAL OPINION OD ADVOCATE KAWADIAR MOHANDAS

EXHIBIT R8 W COPY OF THE LETTER DATED 15/10/2018 OF THE SIVIGIRI MUTT

EXHIBIT R8 X COPY OF THE CRL MP NO.6689/2018 JFCM I, THRISSURE