High CourtsDivision Bench(2022) 03 KL CK 0044

K.Anilkumar vs Deputy Superintendent Of Police Neyyattinkara Kattakkada Road, Alummoodu, Neyyattinkara, Kerala 695121

High Court Of Kerala · Decided on 7 March 2022

HON’BLE JUDGES
Anil K.Narendran, J · P.G. Ajithkumar, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 7210 Of 2022

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Judgment

8 paragraphs · 540 words

Anil K. Narendran, J

1.

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 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 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 4th respondent Sub Group Officer to make a request in writing before the 2nd 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.