Kerala High Court
S.P Jayaprakash vs The State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
WP(C) NO.40915 OF 2022
PETITIONERS :-
1 S.P.JAYAPRAKASH, AGED 56 YEARS
S/O.SIVANANDAN, RESIDING AT CHANDRAKALABHARA,
JAYAVIHAR, POONTHURA P.O,
THIRUVANANTHAPURAM TALUK - 695 026.
2 GANESHKUMAR N.V, AGED 43,
S/O.VISWANATHAN, RESIDING AT GANESH BHAVAN,
POONTHURA P.O, THIRUVANANTHAPURAM TALUK - 695 026.
BY ADVS.
M.T.SAMEER
P.K.VARGHESE
K.R.ARUN KRISHNAN
DHANESH V.MADHAVAN
JERRY MATHEW
REGHU SREEDHARAN
RAMEEZ M. AZEEZ
NAMITHA K.S.
RESPONDENTS :-
1 THE STATE OF KERALA
REP. BY THE SECRETARY TO THE GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
2 THE CITY POLICE COMMISSIONER,
THIRUVANANTHAPURAM DISTRICT - 695 001.
3 THE STATION HOUSE OFFICER
POONTHURA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT - 695 026.
4 VIJAYAN, AGED 58 YEARS,
S/O.SANKARAN, RESIDING AT CHITRA BHAVAN,
TC 69/2200, POONTHURA P.O,
THIRUVANANTHAPURAM TALUK - 695 026.
5 JAYARAMAN K, AGED 64 YEARS,
S/O.KESAVAN, RESIDING AT KARTHIKA BHAVAN,
POONTHURA P.O, THIRUVANANTHAPURAM TALUK,
WP(C) NO.40915 OF 2022
-: 2 :-
MUTTATHARA VILLAGE - 695 026.
6 VISHNU B, AGED 35 YEARS,
S/O. BALAKRISHNAN, RESIDING AT THARANGINI NIVAS,
POONTHURA P.O, THIRUVANANTHAPURAM TALUK,
MUTTATHARA VILLAGE - 695 026.
7 SAJUKUMAR R, AGED 38 YEARS,
S/O.RAVEENDRAN, RESIDING AT PUTHUVAL PALLATHU
VEETIL, POONTHURA P.O,
THIRUVANANTHAPURAM TALUK - 695 026.
8 SANAL KUMAR S, AGED 38 YEARS,
S/O. SUDHAKARAN, RESIDING AT SAJI SADANAM,
POONTHURA P.O., ALUKADU, THIRUVANANTHAPURAM TALUK,
MUTTATHARA VILLAGE - 695 026.
9 RAJAN K, AGED 57 YEARS,
S/O. KESAVAN, RESIDING AT ATHIRA BHAVAN,
TC 75/1523 ALUKADU, POONTHURA P.O,
THIRUVANANTHAPURAM TALUK,
MUTTATHARA VILLAGE-695 026.
10 T V POUL, AGED 43 YEARS,
S/O.VELAPPAN, RESIDING AT KOCHUNADAKKAVIL
KUNNUMPURATH HOUSE, TC 69/2130, POONTHURA P.O,
THIRUVANANTHAPURAM TALUK - 695 026.
11 JEYAMOHAN T N, AGED 62 YEARS,
S/O. NADESAN, RESIDING AT AMBADIYIL HOUSE,
POONTHURA P.O, THIRUVANANTHAPURAM TALUK,
MUTTATHARA VILLAGE - 695 026.
BY ADVS.
D.KISHORE
R.MURALEEKRISHNAN (MALAKKARA)
SRI.T.K.SHAJAHAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.40915 OF 2022
-: 3 :-
JUDGMENT
Dated this the 21st day of December, 2022
This writ petition is filed seeking the following reliefs :-
"(i) Issue a writ of mandamus or any other appropriate writ
order or direction commanding the respondents 2 and 3
to afford adequate police protection from causing
obstruction to the Mandala Chirappu Festival
ceremonies at Sree Sastha Temple Poonthura which is
scheduled to be commenced from 20.12.2022 onwards
from the threat of respondents 4 to 11, in the interest of
justice.
(ii) To issue a writ of mandamus, or any other appropriate
writ, order or direction commanding the respondents 2
and 3 to provide adequate, substantial and sufficient
police protection to the life of petitioners, and
functioning of their office located at Sree Sastha Temple
Poonthura.
(iii) To issue a writ of mandamus, or any other appropriate
writ, order or direction commanding the respondents 2
and 3 to take up Ext.P1 and Ext.P3 and to do all that is
necessary to protect the life of the petitioners, interest
of justice."
2. Heard the learned counsel for the petitioners and the
learned Government Pleader as well as the learned counsel
appearing for respondents 4 to 11.
3. It is contended that the petitioners are the office bearers
of the Poonthura Sree Sastha Kshethram Dheevarasabha
WP(C) NO.40915 OF 2022
Karayogam for the year 2022-2025. It is submitted that there is a
temple under the administration of the Karayogam. It is contended
that the petitioners have been approached respondents 2 and 3 for
protection from respondent 4 to 11, who are the rival faction and
who are obstructing the conduct of the festival in the temple. The
learned counsel for the petitioners submits that this Court in Ext.P5
common order had directed that in case there is any law and order
situation with regard to the rights and possession of the temple, the
RDO is empowered under Section 145 Cr.P.C. to consider the issue
and pass appropriate orders. It is contended that in spite of Ext.P5
common order, the party respondents are creating obstruction to
the peaceful conduct of the festival in the temple.
4. A detailed counter affidavit has been placed on record by
respondents 4 to 11, wherein, it is contended that there is a clear
dispute with regard to the right of the petitioners to conduct the
affairs of the temple and that the petitioners are not the lawfully
elected committee members and that the election conducted to the
committee is not accepted by other members of the Karayogam. It
is further submitted that proceedings under Section 145 Cr.P.C. are
pending before the RDO and that the party respondents have
approached the RDO seeking appropriate arrangements for the
conduct of the festival by forming a common committee including
WP(C) NO.40915 OF 2022
persons from both factions. It is submitted that a suit has also been
filed as O.S. No.1660/2022 before the Munsiff Court,
Thiruvananthapuram by respondents 9 and 10 for a declaration that
they are the lawfully elected members of the Karayogam. It is
submitted that the said suit is also pending and Ext.R4(a)
commission report is available in the said suit.
5. The learned Government Pleader would also submit that
on 16.12.2022, the contesting party respondents have approached
the RDO with an application for the conduct of the festival in the
temple by forming a common committee and the said request is
pending and notices have been issued to the said respondents.
6. It is submitted by the learned counsel appearing for the
contesting respondents that the contesting respondents are not
causing any law and order situation and that they are willing to
abide by the orders to be passed by the RDO in the proceedings
under Section 145 Cr.P.C.
Having considered the contentions advanced and in view
of the fact that an application with regard to the conduct of the
festival itself has to be pending before the RDO, I am of the opinion
that the writ petition can be disposed of with a direction that the
parties may appear before the RDO and the contentions shall be
considered and appropriate arrangement shall be made by the RDO
WP(C) NO.40915 OF 2022
for the conduct of the festival without causing any law and order
situation. The police shall take appropriate steps to see that law
and order is maintained and that the festival is conducted without
any incident.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/23.12.2022
WP(C) NO.40915 OF 2022
APPENDIX OF WP(C) 40915/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONERS BEFORE SHO OF POONTHURA POLICE
(RESPONDENT NO. 3) ON 15.11.2022.
Exhibit P2 THE TRUE COPY OF THE RECEIPT FOR THE ABOVE
COMPLAINT FILED BY THE PETITIONERS BEFORE SHO OF
POONTHURA POLICE (RESPONDENT NO. 3) ON
15.11.2022.
Exhibit P3 THE TRUE COPY OF THE COMPLAINT FILED BY THE
PETITIONERS BEFORE CITY POLICE COMMISSIONER,
THIRUVANANTHAPURAM ON 18.11.2022.
Exhibit P4 THE TRUE COPY OF THE RECEIPT FOR THE ABOVE
COMPLAINT FILED BY THE PETITIONERS BEFORE CITY
POLICE COMMISSIONER, THIRUVANANTHAPURAM ON
18.11.2022.
Exhibit P5 A TRUE COPY OF THE COMMON ORDER IN CRL.MC
6796/2022 AND CRL.MC 7565/2022 DATED 23.11.2022.
Exhibit P6 THE BROCHURE OF MANDALACHIRAPP CEREMONY OF SREE
SASTHA TEMPLE, POONTHURA.
RESPONDENT EXHIBITS
Exhibit R4(a) TRUE COPY OF THE RELEVANT EXTRACT OF THE
COMMISSION REPORT DATED 15/11/2022 SUBMITTED IN
OS.1660/2022 OF MUNSIFFS COURT,
THIRUVANANTHAPURAM.
Exhibit R4(b) TRUE COPY OF THE APPLICATION DATED 16/12/2022 IN
M.C.NO.8571/2021 SUBMITTED BY THE RESPONDENTS 4
AND 5 BEFORE THE SUB DIVISIONAL MAGISTRATE.
Exhibit R4(c) TRUE COPY OF THE REPRESENTATION DATED 16/12/2022
SUBMITTED BY THE RESPONDENTS 4 AND 5 BEFORE THE
2ND RESPONDENT.
