Kerala High Court
Kodumonpilla Veedu Mudippura Devi ... vs District Police Chief on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12534 OF 2024
PETITIONERS:
1 KODUMONPILLA VEEDU MUDIPPURA DEVI KSHETHRA
TRUST KODUMON, ATTINGAL P.O., THIRUVANANTHAPURAM
DISTRICT, REPRESENTED BY ITS GENERAL SECRETARY,
N.V. HARIKUMAR. S/O. K. BHASKARAN NAIR,
AGED 55 YEARS, KRISHNAKRIPA, ARCHAL, ANCHAL,
KOLLAM, PIN - 691306
2 SUBEESH, AGED 39 YEARS, S/O HARIDASAN, KUZHIVILAKATH
VEEDU, KODUMAN, ATTINGAL, THIRUVANANTHAPURAM, AS THE
GENERAL SECRETARY OF WELFARE AND PROTECTION COMMITTEE,
KODUMON, MUDIPPURA DEVI KSHETHRA, KODUMON, ATTINGAL
P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695101
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM RURAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
3 STATION HOUSE OFFICER, ATTINGAL POLICE STATION,
THIRUVANANTHAPURAM DISTRICT, PIN - 695101
4 JOY ADVAITHAM, AGED 53 YEARS, S/O SOMAN NAIR,
ADVAITHAM HOUSE, KODUMON, ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695101
5 AJAYAKUMAR, AGED 52 YEARS, S/O. NARAYANA PILLA,
NANDANAM, KODUMON, ATTINGAL, THIRUVANANTHAPURAM,
PIN - 695101
6 ASHOK KUMAR @ MURUGAN, AGED 48 YEARS, THAZHEVILAYIL
VEEDU, KODUMON, ATTINGAL, THIRUVANANTHAPURAM,
PIN - 695101
7 KRISHNACHANDRAN, AGED 38 YEARS, S/O CHANDRASEKHARAN
PILLAI, GULMOHAR, KODUMON, ATTINGAL,
WPC 12534/24
2
THIRUVANANTHAPURAM, PIN - 695101
8 SANTHOSH, AGED 52 YEARS, S/O BHASKARA PILLAI,
BHASKARA VILASOM, KODUMON, ATTINGAL,
THIRUVANANTHAPURAM, PIN - 695101
9 KRISHNAV, AGED 28 YEARS, S/O RAJENDRAN,
VAISHNAV, KODUMON, ATTINGAL, THIRUVANANTHAPURAM,
PIN - 695101
BY ADVS.
RAMNATH M.P
P.RAJESH (KOTTAKKAL)(K/269/2007)
K.J.SEBASTIAN(S-1054)
M.VARGHESE VARGHESE(K/1014/2003)
UMA R.KAMATH(K/622/2006)
S.SANDHYA(K/81/2012)
BEPIN PAUL(K/1215/2003)
S.DEEPAK(K/733/2012)
SHALU VARGHESE(K/322/2009)
POOJA KRISHNA K.B.(K/000818/2024)
ANTONY THARIAN(K/000479/2018)
P.M.SHAMEER - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC 12534/24
3
JUDGMENT
The learned counsel for the petitioners submits that since the
Temple Fest is now over, no orders are being pressed.
This Writ Petition is, therefore, closed; however, clarifying
that I have not entered into the merits of any of the rival
contentions, including on the assertions of the rival parties in the
pleadings and that they are all open.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 12534/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE BROCHURE PUBLISHED BY
THE 2ND PETITIONER IN CONNECTION WITH THE
FESTIVAL OF THE TEMPLE
Exhibit P2 TRUE COPY OF THE LETTER OF THE TRUST OF
THE RESPONDENTS 4 TO 9 DATED 11.01.2022
Exhibit P3 TRUE COPY OF THE INJUNCTION ORDER OF THE
MUNSIFF COURT, ATTINGAL DATED 25.02.2022
IN IA NO. 1/22 IN O.S.NO 27/22 AND IA NO.
Exhibit P4 TRUE COPY OF THE PLAINT IN O.S NO 27/22
OF MUNSIFF COURT, ATTINGAL ALONG WITH
SCHEDULES
Exhibit P5 TRUE COPY OF THE INTERIM ORDER OF THIS
HON'BLE COURT DATED 15.03.2022 IN W.P(C)
Exhibit P6 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN I.A NO 3/2022 IN W.P (C) NO
13169/2022 DATED 06.05.2022
Exhibit P7 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT DATED 07.03.2023 IN W.P.(C) NO 7744
OF 2023
Exhibit P8 TRUE COPY OF THE ORDER DATED 07.03.2023
IN W.P (C) NO 7708 OF 2023 OF THIS
HON'BLE COURT
Exhibit P9 TRUE COPY OF THE COMMON JUDGMENT DATED
14.03.2023 IN W.P.(C) NO.7708/2023 AND
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
23.03.2024 OF THE PETITIONERS
RESPONDENT EXHIBITS
Exhibit R4(1) The true photo copy of the certified copy
from the registrars office of sale deed
No.3754/2004 SRO Attingal in favour of
Kodumon Mudipura Vayal Devi Temple
Exhibit R4(2) The True photo copy Of the Trust Deed of
Kudamon Mudippura Vayal Kudiyiruthu
Devikshetra Trust dt 05.10.2020 (deed
No.30/2020)
Exhibit R4(3) The true photo copy of the sale deed
No.1296/2021 SRO Attingal dt 02.08.2021
in favour of the Kudamon Mudippura Vayal
Kudiyiruthu Devi Temple Trust
Exhibit R4(4) The true photo copy of the public notice
of the kudiyiruthu festival of the year
2024 conducted by the Ext R4(2) Trust in
the Kalinalpara Vayal from 28.02.2024 to
05.03.2024
Exhibit R4(5) The true photo copy of the interim order
dt 07.03.2023 of the Hon'ble High Court
of Kerala in WP(C) No.7708/2023
Exhibit R4(6) The true photo copy of the order dt
09.03.2023 extending the Ext R4(5)
interim order of the Hon'ble High Court
of Kerala in WP(C) No.7708/2023
Exhibit R4(7) The true photo copy of the common
judgment dt 14.03.2023 in WP(C)
No.7708/2023 and WP(C) No.8805/2023 of
the Hon'ble High Court of Kerala
Exhibit R4(8) A true photo copy of the1st petitioner's
Trust Deed No.132/IV/2019 dt 03.10.2019
Exhibit R4(9) The true photo copy of the plaint in OS
No.27/2022 filed by the petitioner Trust
herein before the Hon'ble Munsiff's
Court, Attingal
Exhibit R4(10) The true photo copy of the plaint in OS
No.33/2022 filed by the Ext R4(2) Trust
before Hon'ble Munsiff's Court, Attingal
Exhibit R4(11) The true photo copy of the advocate
commissioner's report dt --/03/2022 in OS
No.33/2022 before the Hon'ble Munsiff's
Court, Attingal
Exhibit R4(13) The true photo copy of the relevant
portions of the counter affidavit dt
20.03.2022 filed by respondents 4 to 8 in
WP(C) No.8618/2022 before the Hon'ble
High Court of Kerala
Exhibit R4(14) The true photo copy of the judgment dt
28.03.2022 in WP(C) No.8618/ 2022 of the
Hon'ble High Court of Kerala
Exhibit R4(21) The true photo copy of the actual
brochure distributed by the petitioners
claiming for kudiyiruthu festival from
30.03.2024 to 05.04.2024 (7 days)
Exhibit R4(15) The true photo copy of the interim order
dt 07.04.2022 in WP(C) No.13169/2022
which was filed by the Kudamon Mudippura
Vayal Kudiyiruthu Devikshetra Trust (Ext
R4(2) public trust)
Exhibit R4(16) The true photo copy of the relevant
portions of IA No.5/2022 jointly with
I.A.No.6/2022 in WP(C) No.13169/2022 as
filed by the Ext R4(2) public trust
before this Hon'ble court
Exhibit R4(17) The true photo copy of the judgment dt
22.06.2022 in WP(C) No.13169/2022 of the
Hon'ble High Court of Kerala
Exhibit R4(18) The true photo copy of the judgment dt
14.03.2023 in WP(C) No.7744/2023 of the
Hon'ble High Court of Kerala
Exhibit R4(19) The true photo copy of the plaint dt
25.03.2024 in OS No.183/2024 before the
Hon'ble Munsiff's Court, Attingal
Exhibit R4(20) The true photo copy of he order dt
27.03.2024 (also seen with date as
26.03.2024) of the Hon'ble Munsiff's
Court, Attingal in IA No.1/2024 in OS
Exhibit R4(12) The true photo copy of the relevant
portion of the Memorandum of Writ
Petition WP(C) No.8618/2022 dt 14.03.2022
filed by the 1st petitioner herein as
petitioner before this Hon'ble court
