Kerala High Court
Jitheshkumar C.S vs District Collector on 15 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No.5930/2024 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 15th day of February 2024 / 26th Magha, 1945
WP(C) NO. 5930 OF 2024
PETITIONER:
JITHESHKUMAR C.S., AGED 39 YEARS, CHENANGATH HOUSE, P.O INCHAMUDI
THRISSUR, PIN - 680564.
RESPONDENTS:
1. DISTRICT COLLECTOR CIVIL STATION, CIVIL LINES RD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR, PIN - 680003.
2. REVENUE DIVISIONAL OFFICER REVENUE DIVISIONAL OFFICE, CIVIL STATION,
CIVIL LINES RD, KALYAN NAGAR, AYYANTHOLE, THRISSUR,, PIN - 680003.
3. SUPERINTENDENT OF POLICE OFFICE OF THE DISTRICT POLICE CHIEF,
RAMAVARMAPURAM ROAD, MANNUMKAD, RAMAVARMAPURAM, THRISSUR, KERALA,
PIN - 680631.
4. DEPUTY SUPERINTENDENT OF POLICE OFFICE OF THE DEPUTY SUPERINTENDENT
OF POLICE IRINJALAKKUDA, THRISSUR, PIN - 680121.
5. CIRCLE INSPECTOR OF POLICE CHERPU POLICE STATION, CHERPU, THRISSUR,
PIN - 680561.
6. STATION HOUSE OFFICER, CHERPU POLICE STATION THRISSUR, PIN - 680561.
7. THIRUVANIKKAV BHAGAVATHI KSHETHRA KSHEMA SAMITHY, REPRESENTED BY ITS
SECRETARY, KURUMBILAAV P.O, THRISSUR, PIN - 680564.
8. JAYADAS, PUTHUPPALLI NAME OF FATHER AND PERSONAL ADDRESS ARE NOT
KNOWN TO THE PETITIONER, PRESIDENT, THIRUVANIKKAV BHAGAVATHI
KSHETHRA KSHEMA SAMITHY, KURUMBILAAV P.O, THRISSUR, PIN - 680564.
9. GOPAKUMAR VALLATH ATHIYARATH NAME OF FATHER AND PERSONAL ADDRESS ARE
NOT KNOWN TO THE PETITIONER, SECRETARY, THIRUVANIKKAV BHAGAVATHI
KSHETHRA BHARANA SAMIDHI, KURMBILAAV P.O, THRISSUR, PIN - 680664.
10. GOPALAKRISHNAN THENCHATH NAME OF FATHER AND PERSONAL ADDRESS ARE NOT
KNOWN TO THE PETITIONER, TREASURER, THIRUVANIKKAV BHAGAVATHI
KSHETHRA BHARANA SAMIDHI, KURMBILAAV P.O, THRISSUR, PIN - 680664.
11. KURUMBILAVU THIRUVANIKKAVU PULAKKAVU SAMRAKSHANA SAMITHI,
REPRESENTED BY ITS SECRETARY, THIRUVANIKKAV BHAGAVATHI KSHETHRA
KSHEMA SAMITHY, KURUMBILAAV P.O, THRISSUR, PIN - 680564.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 to 6 to give police protection to life
and property of the petitioner and his community members from respondents
7 to 10 and their men, make necessary arrangements and prevent any
obstruction in order to enable the petitioner and his community to perform
Kalakali Vithu Vazhipadu Maholtsavam related rituals and activities on
16.02.2024 at Kurumbilaav, Thiruvaanikkavu Temple till 6.30 PM inside
temple premises and and till 7.30 PM outside temple premises and to ensure
ingress and egress to these places to the devotees by preventing road
blockades in Thrissur-Triprayar Road (the main road) and Kottam
WP(C) No.5930/2024 2/5
Tiruvannikavu Bhagavathi Kshetram Road by procession of elephants or any
other means and ensuring public transport access to devotees till 7.45PM
on the said day, provisionally and subject to the result of this writ
petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/s. A.ARUNA and JISHA SHAJI, Advocates for the petitioner and of STANDING
COUNSEL for R7 to R11, and of Government Pleader , the court passed the
following:
p.t.o
WP(C) No.5930/2024 3/5
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P.(C) No.5930 of 2024
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Dated this the 15th day of February 2024
ORDER
I have heard Smt. Aruna, the learned counsel appearing for the
petitioner, the learned counsel appearing for respondents 7 to 11, and the
learned Government Pleader.
2. I have gone through Ext.P1 judgment delivered by a Division
Bench of this Court in the earlier round of litigation.
3. The learned government pleader submitted that as noted therein
unless the 'Kalakali Vithu Vazhipadu Maholsavam' comprising of 'Kalakali',
'Kuthirakali' and 'Aiverkali' etc. are not concluded before the Deeparadhana at
6.30 pm., it may result in a law and order situation.
4. Smt. Aruna would refer to Ext.P2 and request that the petitioner
be permitted to perform the related activities outside the temple premises till
7.30 pm. This request is opposed by the learned government pleader as well
as the learned counsel appearing for the party respondents and it is submitted
that the situation may go out of control.
5. Having considered the submissions, I am of the view that
necessary directions can be issued as ordered by the Division Bench in Ext.P1.
6. In that view of the matter, as an interim measure, there will be a
direction to respondents to permit the petitioner and his community members
to perform 'Kalakali Vithu Vazhipadu Maholsavam' related rituals till 6.30 p.m.
on 16.2.2024 at the Kurumbilav Thiruvanikkavu Temple. Respondents 5 and 6
shall ensure that there is no threat to law and order and that the petitioners
and his community are able to perform the above rituals without any
obstruction. The petitioner shall remove themselves at 6.30 pm, before the
commencement of the Deeparadhana.
sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
DCS
15-02-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 5930/2024
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 18.03.2019 IN WPC NO.
6243 OF 2019
Exhibit P2 TRUE COPY OF THE ORDER NO. D2-2932/2019 DATED
11.03.2019 ISSUED BY THE 2ND RESPONDENT
15-02-2024 /True Copy/ Assistant Registrar
