Kerala High Court
K. Anilkumar vs The Deputy Superintendent Of ... on 7 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 7TH DAY OF MARCH 2022 / 16TH PHALGUNA, 1943
WP(C) NO. 7210 OF 2022
PETITIONER:
K.ANILKUMAR
AGED 47 YEARS
S/O. N. GOPALA PILLAI, THIRUVATHIRA, AYIRA P.O,
PARASSALA, THIRUVANANTHAPURAM -695508.
BY ADV.
K.MOHANAKANNAN
RESPONDENTS:
1 DEPUTY SUPERINTENDENT OF POLICE
NEYYATTINKARA - KATTAKKADA ROAD, ALUMMOODU,
NEYYATTINKARA, KERALA - 695121.
2 THE STATION HOUSE OFFICER
PARASSALA, PARASSALA - VELLARADA ROAD, PARASSALA,
THIRUVANANTHAPURAM - 695502.
3 ASSISTANT DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NEYYATTINKARA,
THIRUVANANTHAPURAM - 695121.
4 SUB GROUP OFFICER
PARASSALA SUB GROUP, TRAVANCORE DEVASWOM BOARD,
PARASSALA, THIRUVANANTHAPURAM - 695502.
5 P.VELAPPAN NAIR
S/O.PADMANABHA PILLAI, KANIVILAKATH HOUSE,
MURYANKARA, PARASSALA P.O,
THIRUVANANTHAPURAM - 695502.
6 P.SURESH
S/O.PONNUMANI, SURESH BHAVAN, PRAKKATHERI,
IDICHAKKAPLAMOODU, PARASSALA,
THIRUVANANTHAPURAM - 695502.
7 S.R.SERLING
S/O.RAJAMANI, DHARMAVILASOM, MURYANKARA,
PARASSALA P.O, THIRUVANANTHAPURAM - 695502.
8 P.VINEESH
S/O.SANTH, PUTHUVAL PUTHENVEEDU, MURYANKARA,
PARASSALA P.O, THIRUVANANTHAPURAM - 695502.
2
W.P.(C) No.7210 of 2022
9 C.MOHANAN
KADUKKARAKKALVILA HOUSE, MURYANKARA, PARASSALA
P.O, THIRUVANANTHAPURAM - 695502.
10 C.RAJENDRA PRASAD.
S/O.CHELLAPPAN, THACHANVILA HOUSE, TOWN,
MURYANKARA, PARASSALA P.O,
THIRUVANANTHAPURAM - 695502.
11 JAYAKUMAR
S/O.MURUGAN ACHARI, VISWABHAVAN, KARUMANOOR,
PUTHENKADA, PARASSALA P.O,
THIRUVANANTHAPURAM -695502,
12 PRADEEP
S/O.RAVI, KUTTATHUVILA PUTHEN VEEDU, NEDUMANGADU,
PARASSALA P.O, THIRUVANANTHAPURAM - 695502.
BY ADV.
G.SANTHOSH KUMAR-SC
S.RAJ MOHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C) No.7210 of 2022
JUDGMENT
Anil K. Narendran, J
The petitioner, who is the Secretary of an ad hoc Committee
in Elankam Sree Bhuvaneswari Devi Temple, Parassala, a Temple
under the Management of the Travancore Devaswom Board, has
filed this writ petition under Article 226 of the Constitution of India
seeking a writ of mandamus commanding the 1st respondent
Deputy Superintendent of Police, Neyyattinkara and the 2nd
respondent Station House Officer, Parassala Police Station, to
provide effective and adequate police protection for the conduct of
temple festival as per Ext.P2 programme notice and avert the
threat caused by respondents 5 to 12. On 04.03.2022, when this
writ petition came up for admission before a learned Single Judge,
the learned Standing Counsel for Travancore Devaswom Board
pointed out the pendency of a connected matter, namely, W.P.
(C)No.23123 of 2021, before the Devaswom Bench. Therefore,
Registry was directed to list this writ petition before the Devaswom
Bench.
2. On 04.03.2022 at 02.00 p.m. when the matter was
taken up for consideration, the learned Senior Government Pleader
took notice on admission for respondents 1 and 2, the learned
W.P.(C) No.7210 of 2022
Standing Counsel for Travancore Devaswom Board took notice on
admission for respondents 3 and 4. Urgent notice on admission by
special messenger was ordered to respondents 5 to 12, returnable
by today. Registry was directed to list this matter along with W.P.
(C) No.23123 of 2021. It was made clear that it would be open to
the petitioner to serve a copy of this writ petition to Sri.Sampath V.
Toms, the learned counsel for the petitioners in W.P.(C) No.23123
of 2021.
3. Today, when this writ petition is taken up for
consideration along with W.P.(C) No.23123 of 2021, despite service
of notice, none appears for respondents 5 to 12.
4. Heard the learned counsel for the petitioner, the learned
Senior Government Pleader for respondents 1 and 2 and also the
learned Standing Counsel for Travancore Devaswom Board for
respondents 3 and 4. We have also heard the submissions of
Adv.Ambrose Jude D'Cruz, the learned counsel, who is appearing
for the petitioners in W.P.(C) No.23123 of 2021, who are arrayed as
respondents 5 to 12 in this writ petition.
5. The learned Senior Government Pleader, on instructions
from the 2nd respondent Station House Officer, would submit that
at present there is no law and order issues in the premises of
Elankam Sree Bhuvaneswari Devi Temple and that the 2nd
W.P.(C) No.7210 of 2022
respondent shall take necessary steps to ensure that there is no
law and order issues in connection with the temple festival, which
is scheduled to be held from 07.03.2022 to 16.03.2022.
6. Based on the aforesaid submission made by the learned
Senior Government Pleader, this writ petition is disposed of with
the following direction;
In case there is any obstruction or threat to law and order in
the locality in connection with the festival of Elankam Sree
Bhuvaneswari Devi Temple, it is for the 4 th respondent Sub Group
Officer to make a request in writing before the 2 nd respondent
Station House Officer, in which event, the 2nd respondent shall
render adequate and effective protection to see that the temple
festival is conducted smoothly, without any law and order issues or
any obstruction whatsoever from respondents 5 to 12 or their
supporters.
Sd/-
ANIL K.NARENDRAN
JUDGE
Sd/-
P.G. AJITHKUMAR
JUDGE
PV
W.P.(C) No.7210 of 2022
APPENDIX OF WP(C) 7210/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDING ROC
NO.20210/2021/NS-1 DATED 29.09.2021 OF
THE 3RD RESPONDENT WITH LIST OF OFFICE
BEARERS.
Exhibit P2 TRUE COPY OF THE PROGRAMME NOTICE
PUBLISHED BY THE TEMPLE.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
2.3.2022 SUBMITTED BY THE PETITIONERS
BEFORE THE 2ND RESPONDENT WITH
ACKNOWLEDGMENT DATED 3.3.2022.
