Nambron Sunil Kumar vs Station House Officer
2022 Latest Caselaw 1074 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                         WP(C) NO. 573 OF 2022
PETITIONER:

          NAMBRON SUNIL KUMAR,
          AGED 52 YEARS
          S/O.SREEDHARAN, PRESIDENT, KIZHUNNA MUCHILOTTU
          BHAGAVATHI TEMPLE COMMITEE, KIZHUNNA P.O., EDAKKAD
          AMSOM KIZHUNNA DESOM, KANNUR DISTRICT-670 602.

          BY ADVS.
          K.V.BHADRA KUMARI
          BYJA E.G.
          RANJITHA R. NAIR
          SHAIJAN C GEORGE C GEORGE



RESPONDENTS:

    1     STATION HOUSE OFFICER,
          EDAKKAD POLICE STATION, EDAKKAD (PO), KANNUR DISTRICT,
          PIN-670 662.

    2     CHANDRAN.K.C.,
          S/O.KORAN NAIR, LOVE DALE, PINARAYI P.O., THALASSERY,
          KANNUR DISTRICT, PIN-670 741.

    3     CHANDROTH MADHUSOODHANAN,
          AGED 75 YEARS
          S/O.AMBU NAIR, SADANANDA SADANAM, EDAKKAD AMSOM,
          KIZHUNNA DESOM, KANNUR DISTRICT-670 007.

    4     K.C.VIVEK,.
          AGED 42 YEARS
          S/O.KUMHIRAMAN, SREENARAYANA NILAYAM, EDAKAKD AMSOM,
          KIZHUNNA DESOM, KANNUR DISTRICT-670 007.

    5     P.P.VISWANATHAN,
          AGED 70 YEARS
          S/O.KUNHAMBU NAIR, BHAGAVATHI HOUSE, EDAKKAD AMSOM,
          KIZHUNNA DESOM, KANNUR DISTRICT-670 007.

    6     C.KRISHNAN NAIR,
          AGED 70 YEARS
 WP(C) NO.573 OF 2022
                                  2


            S/O.KUNHAMBU NAIR, KRIPA NIVAS, EDAKKAD AMSOM, KIZHUNNA
            DESOM, KANNUR DISTRICT-670 007.

            BY ADVS.
            SHAIJAN C.GEORGE
            K.M.GIRISH KUMAR

            SRI. SYAMANTHAK, GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.573 OF 2022
                                               3



                                    JUDGMENT

Dated this the 27th day of January, 2022 This writ petition is filed seeking the following

relief:-

"(i)To issue a writ in the nature of mandamus, or any other writ; order or direction directing the 1 st respondent to give adequate and sufficient police protection to the Muchilottu Bhagavathy temle committee, to perform the ritual of the temple 'Udayastamana pooja' to be held on 13.01.2022 to 15.01.2022 and 'Kaliyatta Maholsavam' to be held on 29.01.2022 to 31.01.2022."

2. Heard the learned counsel for the petitioner and the

learned counsel appearing for contesting party respondents.

3. It is submitted by the learned counsel for the petitioner

that there is a suit pending between the parties with regard to the

management of the temple.

4. It is submitted by the learned Government Pleader that

the date stated by the petitioner for the conduct of the festival is

already over. It is further submitted that further rituals that are to

be conducted from 29.01.2022 to 31.01.2022 may not be possible

to be conducted in view of the present covid situation. WP(C) NO.573 OF 2022

In the above view of the matter, this writ petition is

closed, leaving it open to the parties to approach appropriate

authorities or the appropriate courts, in accordance with law and

leaving open the contentions of the parties to be considered in

such proceedings.

Sd/-

ANU SIVARAMAN JUDGE SSK/27/1 WP(C) NO.573 OF 2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE MINUTES BOOK OF THE GENERAL BODY MEETING HELD ONM17.02.2020 ELECTING THE MEMBERS OF THE TEMPLE COMMITTEE.

Exhibit P2 TRUE COPY OF THE INJUNCTION ORDER PASSED BY THE MUNSIFF'S COURT, THALASSERY IN IA NO.2/2020 IN OS NO.86/2020 DATED 13.03.2020.

Exhibit P3 TRUE COPY OF THE FIR NO.117/2020 OF EDAKKAD POLICE STATION DATED 13.03.2020.

Exhibit P4 TRUE COPY OF TH ORDER PASSED BY THE MUNSIFF'S COURT, THALASSERY IN IA NO.2/2020 IN OS NO.219/2020 DATED 04.01.2021.

Exhibit P5 TRUE COPY OF THE NOTICE PUBLISHED BY THE TEMPLE COMMITTEE ANNOUNCING THE RITUALS ON 14.01.2022 TO 15.01.2022 AND ON 29.01.2022 TO 31.01.2022.

Exhibit P6 TRUE COPY OF THE PETITION SEEKING POLICE PROTECTION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH RECEIPT ISSUED BY THE 1ST RESPONDENT DATED 04.01.2022.

RESPONDENT EXHIBITS

Exhibit R4(A) TRUE COPY OF THE DEATH CERTIFICATE DATED 17/12/2021

Exhibit R4(B) TRUE COPY OF THE LAND TAX RECEIPT DATED 05/04/2021

Exhibit R4(C) TRUE COPY OF THE LEGIBLE COPY OF THE DOCUMENT NO. 1374/1935 DATED 13/09/1935 WP(C) NO.573 OF 2022

Exhibit R4(D) TRUE COPY OF THE LEGIBLE COPY OF THE DOCUMENT NO. 191/1944 DATED 16/09/1944

Exhibit R4(E) TRUE COPY OF THE COMPLAINT IN C.M.P 790/2020

Exhibit R4(F) TRUE COPY OF THE PLAINT IN O.S 86/2020 PENDING BEFORE THE MUNSIFF COURT, THALASSERY

Exhibit R4(G) TRUE COPY OF THE ORDER IN I.A 8/2020 IN O.S 86/2020 DATED 16/07/2020

Exhibit R4(H) TRUE COPY OF THE COMPLIANT/FI STATEMENT GIVEN BY SRI. LAKSHMANAN ANTHIRIYANI IN CRIME NO. 117/2020 O EDAKKAD POLICE STATION

Exhibit R4(I) TRUE COPY OF THE ORDER IN C.M.P 256/2020 CRIME NO. 117/2020 OF EDAKKAD POLICE STATION DATED 16/06/2020

Exhibit R4(J) TRUE COPY OF THE JUDGMENT IN CRL.M.C 3286/2020 DATED 18/02/2021

Exhibit R4(K) TRUE COPY OF THE NOTICE OF KALIYATTA MAHOLSAVAM