Kerala High Court
Joshi P vs State Of Kerala on 10 July, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:50911
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 25310 OF 2025
PETITIONER:
JOSHI P.
AGED 66 YEARS
S/O. LATE PRABHAKARAN G. GRA 609,
KAILASAM, 17/4257, PATTOM P.O.
THIRUVANANTHAPURAM, PIN - 695004
BY ADVS.
SRI.R.KRISHNA RAJ
SRI.R.PRATHEESH (ARANMULA)
SMT.E.S.SONI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOME KERALA
GOVERNMENT SECRETARIAT,
THIRUVANANATHAPURAM, PIN - 695001
2 DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE,
KOTTAYAM, PIN - 686002
3 STATION HOUSE OFFICER
ERUMELI POLICE STATION,
ERUMELI, KOTTAYAM, PIN - 686509
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WP(C) No.25310 of 2025
2
BY ADV.
SRI. RAJEEV JYOTHISH GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.25310 of 2025
3
JUDGMENT
Dated this the 10th day of July, 2025
The petitioner owns 49 Cents of land in Block No.24
of Survey No.102/4/3/1 of Erumeli Thekku Village. One
K. K. Padmanabhan of North Paravoor, Ernakulam filed
W.P.(C) No.24687/2025 for a direction to the District Collector
and to the Panchayat to take appropriate action to see that
construction of the Vapura Swami Temple in the property is
prohibited.
2. The petitioner, who was the 11 th respondent
in the said writ petition submitted before the Court that the
building constructed by him in the property had already been
demolished. It was further submitted by the petitioner that the
petitioner has no intention to construct any Temple in the
property in question, without complying with the statutory
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requirements of the provisions referred to in the order dated
04.07.2025 of this Court. At present, the petitioner intends to
perform certain Poojas in the land in question for which police
protection may be granted.
3. The operative portion of the judgment in
W.P.(C) No.24687/2025 reads as follows:
"In such circumstances, this writ petition is
disposed of after recording the submission made by
the learned Senior Counsel for the 11 th respondent,
as instructed by the learned instructing counsel, and
that of the learned Standing Counsel for the 8 th
respondent Grama Panchayat that the building
constructed by the 11th respondent in the property
having an extent of 49 cents in Block No.024,
Sy.No.102/4/3/1 of Erumeli Thekku Village, had
already been demolished. The further submission of
the learned Senior Counsel for the 11 th respondent
that the said respondent has no intention to
construct any temple in the property in question,
without complying with the statutory requirements of
the provisions referred to in the order of this Court
dated 04.07.2025, is recorded. The direction
contained in the order of this Court dated
04.07.2025, directing the 10th respondent Station
House Officer to maintain the law and order in the
locality, if found necessary, after reporting the issue
to the District Police Chief, Kottayam, shall continue
to be in force."
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4. The petitioner is now before this Court
stating that he is proposing to hold Poojas in the 49 Cents of
land in Erumeli Thekku Village. By external forces, the Pooja
is likelihood to be disrupted. The petitioner therefore sought
the following reliefs:
(a) Issue a writ of mandamus or such other writ or
order or direction directing the 2nd respondent not
to interfere with the performance of poojas by the
petitioner and his aides in his property having an
extent of 49 cents situated in Block No.24 of
Survey No.102/4/3/1 of Erumeli Thekku Village
starting from 11th of July, 2025.
(b) Issue a writ of mandamus or such other writ or
order or direction to direct respondents 2 and 3 to
grant adequate police protection to the life and
liberty of the petitioner and also his aides and also
protection from the illegal interference disrupting
the poojas performed by the petitioner in his
property having an extent of 49 cents situated in
Block No.24 of Survey No.102/4/3/1 of Erumeli
Thekku Village starting from 11th of July, 2025.
5. Government Pleader submitted that the
intention of the petitioner is to construct a Temple in the
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property and thereby cause communal disharmony. It is for
that reason that the Division Bench has interfered in the
matter. The petitioner has undertaken before the Division
Bench that no construction of place of worship will be made
without obtaining statutory clearances and licences.
6. The Government Pleader further informed
that though it was submitted before the Division Bench that
the existing building was demolished, the foundation of the
said building is existing in the premises even now. The
conduct of Pooja by the petitioner is likely to create communal
disharmony not only in Erumeli but throughout the State of
Kerala. The Government Pleader submitted that police will
interfere in the matter only if there is any law and order
problem.
7. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
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the respondents.
8. The first prayer of the petitioner is to direct
the 2nd respondent not to interfere with the performance of
Poojas by the petitioner and his aides in his property having
an extent of 49 Cents. Usually, if a citizen is conducting a
Pooja in a land without violating any statutory rules, the 2 nd
respondent need not interfere with the performance of such
Poojas. However, if there is a likelihood of law and order
problem, the police authorities will be justified in such
interference.
9. The second prayer of the petitioner is to
grant adequate police protection to the life and liberty of the
petitioner and his aides. The petitioner has not specifically
pointed out as to from whom the petitioner faces threat and as
against whom a police protection is required. Persons against
whom police protection is sought are not impleaded in the writ
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petition. A police protection in ordinary course cannot be
granted against unknown persons or public at large.
In the facts of the case, the writ petition is disposed of
directing the 2nd respondent to ensure that law and order is
maintained in the area.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:50911
APPENDIX OF WP(C) 25310/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE JUDGEMENT OF THIS
HON'BLE COURT IN WP(C) NO.24687/2025
DATED 07.07.2025
Exhibit P-2 TRUE COPY OF THE COMPLAINT OF THE
PETITIONER DATED 07.07.2025
Exhibit P-3 TRUE COPY OF THE COMPLAINT OF THE
PETITIONER DATED 08.07.2025
