Kerala High Court
Sree Kadapparambathkavu Bhagavathi ... vs State Of Kerala on 5 April, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 43901 OF 2023
PETITIONER:
SREE KADAPPARAMBATHKAVU BHAGAVATHI DEVASWOM
REPRESENTED BY ITS EXECUTIVE OFFICER,
KODOORKKARA P.O., PALAKKAD -, PIN - 679303
BY ADVS.
MAHESH V RAMAKRISHNAN
CHITRA JOHNSON
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS CHIEF SECRETARY TO GOVERNMENT,
GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 SECRETARY TO GOVERNMENT
REVENUE (DEVASWOMS) DEPARTMENT, SECRETARIAT,
P.O.THIRUVANANTHAPURAM, PIN - 695001
3 SECRETARY TO GOVERNMENT
HOME DEPARTMENT, SECRETARIAT, P.O.THIRUVANANTHA-
PURAM, PIN - 695001
4 THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE
CIVIL STATION, PALAKKAD, PIN - 678001
5 SUB COLLECTOR & ADDITIONAL DISTRICT MAGISTRATE,
COURT ROAD, OTTAPALAM, PALAKKAD, PIN - 679101
6 THE TAHSILDAR & EXECUTIVE MAGISTRATE
PATTAMBI TALUK, TALUK OFFICE PATTAMBI,
PALAKKAD, PIN - 678303
7 DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, YAKKARA
ROAD, P.O.PALAKKAD, PALAKKAD, PIN - 678014
8 STATION HOUSE OFFICER
PATTABI POLICE STATION, P.O.PATTAMBI,
PALAKKAD - PIN - 679303
9 MALABAR DEVAWOM BOARD
REP. BY ITS SECRETARY, HOUSEFED COMPLEX, P.O.
ERAHNIPALAM, KOZHIKODE -, PIN - 673006
W.P.(C)No.43901 of 2023
2
10 THE COMMISSIONER
MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, P.O.
ERAHNIPALAM, KOZHIKODE -, PIN - 673006
11 THE ASSISTANT COMMISSIONER
MALABAR DEVASWOM BOARD, MALAPPURAM DIVISION, MINI
CIVIL STATION, P.O.TIRUR, MALAPPURAM -, PIN -
676505
12 N.K.MANIKANTAN
JILLA KARYAVAHAK, SANKHA NIKETHAN, CHEMBAIPURI,
OTTAPALAM, PALAKKAD -, PIN - 679101
13 ADDL.R13. RASHTRIYA SWAYAM SEVAK SANGH (RSS),
REPRESENTED BY ITS JILLA KARYAVAHAK, SANKHA NI-
KETHAN, CHEMBAIPURI, OTTAPPALAM, PALAKKAD -
679101 (IS IMPLEADED AS PER ORDER DATED 10-01-
2024 IN IA 1/23 OF WPC 43901/2023)
SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SMT
R.RANJANIE- STANDING COUNSEL - MALABAR DEVASWOM
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.43901 of 2023
3
JUDGMENT
Anil K. Narendran, J.
The petitioner, namely, Sree Kadapparambathkavu
Bhagavathi Devaswom, represented by its Executive Officer, has
filed this writ petition under Article 226 of the Constitution of India,
seeking a writ of mandamus commanding the 4th respondent
District Collector & District Magistrate, Palakkad, the 5 th
respondent Sub Collector & Additional District Magistrate,
Ottapalam, the 6th respondent Tahsildar & Executive Magistrate,
Pattambi Taluk, the 7th respondent District Police Chief, Office of
the District Police Chief, Palakkad and the 8th respondent Station
House Officer, Pattambi Police Station to take appropriate legal
action to prevent illegal and unauthorised activities of conducting
'Shakha', doing weapon practice and raising slogans by the 12 th
respondent, who is the Jilla Karyavahak and the organisation
represented by him, within the properties of the petitioner temple,
as shown in the information dated 30.12.2021 given by the Public
Information Officer and Village Officer, Ongallur-2 Village. The
petitioner has also sought for a declaration that no organisation or
association including the 12th respondent Jilla Karyavahak and the
organisation represented by him has any manner of right or
authority to conduct their activities inside the property of the
petitioner temple; and a writ of mandamus commanding the 7th
respondent District Police Chief and the 8 th respondent Station
House Officer and the officers under them to accord adequate
protection to the Executive Officer appointed as per order No.J5-
6646/2019/MDB dated 08.07.2022 issued by the Commissioner,
Malabar Devaswom Board, Kozhikode, the deity of the petitioner
Devaswom, its Officers and employees working there and the
worshippers visiting the temple for offering prayers from the 12 th
respondent Jilla Karyavahak and the organisation namely the
Rashtriya Swayam Sevak Sangh (RSS) represented by him and
their supporters.
2. On 21.12.2023, when this writ petition came up for
admission, the learned counsel for the petitioner sought time to
file an interlocutory application seeking appropriate reliefs.
Thereafter, I.A.No.1 of 2024 was filed for impleadment of
Rashtriya Swayam Sevak Sangh (RSS), represented by its Jilla
Karyavahak, as the additional 13th respondent, which was allowed
by the order dated 10.01.2024.
3. On 24.01.2024, when this matter came up for
consideration, the learned counsel for the petitioner sought time
to get instructions as to whether a hereditary trustee or a Trustee
Board is in management of Sree Kadapparambathkavu Bhagavathi
Devaswom and whether a copy of Ext.P8 complaint, was enclosed
along with the notice dated 27.03.2023 issued to the 12 th
respondent.
4. On 08.02.2024, along with I.A.No.2 of 2024, the
petitioner has placed on record Ext.P12 judgment of this Court
dated 27.07.2022 in W.P.(C)No.24366 of 2022 and Ext.P13
Government Order dated 04.01.2024.
5. Today, when this matter is taken up for consideration,
after arguing for some time, the learned counsel for the petitioner
would submit that the Executive Officer shall issue a fresh notice
to the party respondents, enclosing therewith a copy of Ext.P8
complaint dated 23.09.2022. Thereafter, the petitioner shall
approach this Court in a fresh writ petition with appropriate
pleadings and proper reliefs, in case the situation warrants.
In such circumstances, recording the aforesaid submission
made by the learned counsel for the petitioner, this writ petition is
dismissed as withdrawn; however, without prejudice to the
aforesaid right of the petitioner.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
ACR
APPENDIX OF WP(C) 43901/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SCHEME OF ADMINISTRATION
WAS FRAMED BY THE DEPUTY COMMISSIONER,
MALABAR DEVASWOM BOARD AS PER ORDER IN OA
NO.18/81(A)(A1.4854/81)
Exhibit P2 TRUE COPY OF THE INFORMATION DATED 30-12-
2021 FURNISHED BY THE PUBLIC INFORMATION
OFFICER AND VILLAGE OFFICER, ONGALLUR-2
VILLAGE.
Exhibit P3 TRUE COPY OF THE SURVEY PLAN DATED 09-01-
1980 ISSUED BY THE TALUK SURVEYOR OF OT-
TAPPALAM TALUK
Exhibit P4 TRUE COPY OF THEORDER NO.J5-6646/2019/MDB
DATED 08-07-2022 BY THE 10TH RESPONDENT
Exhibit P5 TRUE COPY OF THE LIST OF ARTICLES PRE-
PARED WHILE ASSUMING CHARGE OF THE PETI-
TIONER TEMPLE ON 12-08-2022.
Exhibit P6 TRUE COPY OF THE JUDGEMENT IN WP©
NO.27288 OF 2021 DATED 17-05-2022 OF THIS
HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE A LETTER NO.J5-
7362/2022/MDB DATED 16-01-2023 ISSUED BY
THE 10TH RESPONDENT TO THE PETITIONER
Exhibit P8 TRUE COPY OF THE COMPLAINT DATED 23-09-
2022 SUBMITTED ONE RAJESH M.
Exhibit P9 TRUE COPY OF THE NOTICE DATED 27-03-2023
ISSUED BY THE PETITIONER HEREIN TO THE
12TH RESPONDENT
Exhibit P10 TRUE COPY OF THE REPLY NOTICE DATED 05-
04-2023 ISSUED BY THE 12TH RESPONDENT TO
THE PETITIONER
Exhibit P11 TRUE COPY OF THE PETITION DATED 24-04-
2023 SUBMITTED BY THE PETITIONER TO THE
RESPONDENTS 4 TO 8
Exhibit P12 TRUE COPY OF THE JUDGEMENT DATED 27-07-
2022 IN W.P.(C) NO. 24366 OF 2022 OF THIS
HON'BLE COURT.
Exhibit P13 TRUE COPY OF THE ORDER G.O.(RT) NO.
57/2024/RD DATED 04-01-2024 ISSUED BY THE
GOVERNMENT OF KERALA.
