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Kerala High Court
Wp(C).No. 9125 Of 2013 (M) vs By Advs.Sri.P.S.Sreedharan ... on 26 January, 2013

PRESENT:

THE HONOURABLE MR.JUSTICE K.M.JOSEPH &

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN THURSDAY, THE 11TH DAY OF APRIL 2013/21ST CHAITHRA 1935 WP(C).No. 9125 of 2013 (M)

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PETITIONER(S):

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C.K. CHANDRABABU, SECRETARY,

THRIPPANAYAM DEVI TEMPLE,

S/O. KUTTAPPAN PILLAI, KODUKDADU VEEDU, VADAKKE CHERRY, PANAYAM VILLAGE, KOLLAM. BY ADVS.SRI.P.S.SREEDHARAN PILLAI,

SRI.T.K.SANDEEP,

SRI.ARJUN SREEDHAR,

SRI.JOSEPH GEORGE(MULLAKKARIYIL),

SRI.ARUN KRISHNA DHAN.

RESPONDENT(S):

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1. STATE OF KERALA,

REPRESENTED BY ITS SECRETARY,

HOME DEPARTMENT, TRIVANDRUM-695 001.

2. THE SUPERINTENDENT OF POLICE,

KOLLAM DISTRICT-680 003.

3. THE SUB INSPECTOR OF POLICE,

ANJARAMOODU POLICE STATION,

KOLLAM DISTRICT-680 702.

4. SIVASANKARAN NAIR, AGED 66 YEARS, S/O. PARAMESWARAN PILLAI, HOUSE NO.373, NARAYANA PILLA VEEDU, AMBAZHAVAYAL CHERRY, PANAYAM VILLAGE, KOLLAM-680 708.

5. CHANDRAN PILLAI, AGED 62 YEARS,

S/O. GOPALA PILLAI, ANJALI VEEDU, HOUSE NO.185, NARAYANA PILLA VEEDU, AMBAZHAVAYAL CHERRY, PANAYAM VILLAGE, KOLLAM-680 708.

WP(C).No. 9125 of 2013 (M)

6. A.B. SREEKUMAR, AGED 45 YEARS,

S/O. VASUDEVAN PILLAI, ALLADATHYU,

RAJA SUDHA, WARD NO.17, HOUSE NO.538, KARIKKODU CHERRY, MANGADU VILLAGE,

KOLLAM-680 707.

7. VENUGOPAL, AGED 40 YEARS,

MUDIYIL VEEDU, AMBAZHAVAYAL,

PERINADU P.O., KOLLAM-680 709.

R1 TO R3 BY GOVT. PLEADER MR.M.K. ABOOBACKER. R4 & R5 BY ADVS. SMT.PRABHA R.MENON, SRI.R.MANOJ.

R7 BY ADVS. SRI.P.GOPAKUMARAN NAIR, SRI.C.S.DIAS,

SRI.N.K.SUBRAMANIAN.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-04-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 9125 of 2013 (M)

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1: TRUE COPY OF THE NOTICE MENTIONING THE DETAILS OF THE RE-CONSTRUCTION AND DEVELOPMENT. EXHIBIT P2: TRUE COPY OF THE NEWSPAPER REPORT PUBLISHED IN MATHRUBHUMI DAILY DATED 26.01.2013. EXHIBIT P3: TRUE COPY OF THE NOTICE FOR ''VARSHIKA PONKALA'' DATED 16.03.2013.

EXHIBIT P4: THE NEWSPAPER ADVERTISEMENT FOR THE ''VARSHIKA PONKALA'' PUBLISHED IN MATHRUBHUMI DAILY DATED 15.03.2013. EXHIBIT P5: TRUE COPY OF THE NEWSPAPER REPORT SHOWING THE PHOTO OF ''PONAKALA'' IN JANMABHUMI DAILY DATED 17.03.2013. EXHIBIT P6: TRUE COPY OF THE NEWSPAPER REPORT IN MATHRUBHUMI DAILY DATED 17.03.2013.

EXHIBITP7: TRUE COPY OF THE NOTICE ISSUED IN THE NAME OF ''CHEMMATTU KARA''.

EXHIBIT P8: TRUE COPY OF THE REPRESENTATION DATED 28.03.2013. EXHIBIT P9: TRUE COPY OF THE LETTER DATED 05/04/2013 ISSUED BY THE TEMPLE ''THANTHRI'' MENTIONING ABOUT THE ''DEVAPRASHNAM'' AND CONDUCT OF PONKALA.

EXHIBIT P10: TRUE COPY OF THE MINUTES OF THE TEMPLE COMMITTEE MEETING DATED 01/03/2013.

EXHIBIT P11: TRUE COPY OF THE NOTICE MENTIONING ABOUT THE DETAILS OF ''VARSHIKAPONKALA'' AND OTHER FESTIVALS. EXHIBIT P12A: TRUE COPY OF THE ORDER IN I.A.4212/2011 IN O.S.415/2011 BEFORE THE PRINCIPAL SUB JUDGE, KOLLAM. EXHIBIT P12B: TRUE COPY OF THE JUDGMENT IN O.S.415/2011 BEFORE THE PRINCIPAL SUB JUDGE, KOLLAM.

2/-..............

WP(C).No. 9125 of 2013 (M)

RESPONDENT'S EXHIBITS:-

EXT.R4A COPY OF THE TERMINATION ORDER DATED 12/12/2012. EXT.R7-1 COPY OF THE NOTICE PUBLISHED IN CONNECTION WITH ANNUAL FESTIVAL IN 2005 BY THE THRIPPANAYAM DEVI KSHETRAM, PERINADU.

EXT.R7-2 COPY OF THE NOTICE PUBLISHED IN CONNECTION WITH FESTIVAL IN 2009 BY THRIPPANAYAM DEVI KSHETRAM, PERINADU. EXT.R7-3 COPY OF THE NOTICE PUBLISHED IN CONNECTION WITH PONKALA FESTIVAL IN 2010 ON KUMBAM BHARANI DAY BY THRIPPANAYAM DEVI KSHETRAM, PERINADU.

EXT.R7-4 COPY OF THE PETITION SUBMITTED BY THE SECRETARY, THRIPPNAYAM DEVI KSHETRA SAMRAKSHANA SAMITHI TO THE DISTRICT COLLECTOR, KOLLAM.

//TRUE COPY//

P.S. TO JUDGE

rs.

K.M.JOSEPH & K.RAMAKRISHNAN, JJ. ------------------------------------------------------------ W.P.(C) No.9125 of 2013

----------------------------------------- Dated, this the 11th day of April, 2013 J U D G M E N T

K.M.Joseph, J.

Petitioner has approached this Court seeking the following reliefs:

"Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 to 3 to provide adequate police protection to the life and property of the workers of the temple, worshipers and property of the temple.

ii). Issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 to 3 to take all necessary steps so as to ensure the smooth conduct of "Meenabharani Utsavam" between 1.4.2013 and 12.4.2013."

2. Briefly put, the case of the petitioner is as follows: The petitioner is the President of Panayam Village, Perinadu, Kollam. He is the Secretary of Temple Committee of Thripanayam Devi Temple, located at Panayam, Perinadu, Kollam. From time immemorial a grant festival viz., 'Ponkala and Meenabharani Utsavam' was being W.P.(C) No.9125 of 2013 2 conducted every year with the blessings of Thrippanayathamma. For the year 2013 also the governing body of the temple had planned for a grant festival in the interest of the devotees. According to the schedule the entire annual festival starts with 'Varshika Ponkala' and ends with "Meena Bharani Utsavam." Temple festival started with "Varshika Ponakala" on 16.3.2013. The event was quite successful by the participation of more than 5000 worshipers who had put their "Ponkala" in the temple premises. Respondents 4 to 7 are the residents of Panayam, Kollam District. They are making continuous efforts against peaceful conduct of temple festival. Respondents 4 to 7 and their henchmen are making cautious preparations to cause disturbance and confusion among the devotees at the time of "Meenabharani Utsavam". Their sole intention is to disturb the peaceful process of the festival. Respondents 4 to 7 had now started to circulate a false notice demanding the devotees to come out to conduct another "Ponkala" on 12.4.2013. The said notice is an open threat to the governing body from the peaceful conduct of the festival. Earlier also during the last festival season respondents 4 to 7 and their henchmen had made similar efforts to disturb the peaceful conduct of the temple festival. But the same was averted by the timely intervention of petitioner and other devotees. This year also respondents 4 to 7 and their henchmen are making serious efforts to somehow disturb the peaceful conduct of festival. They are now making open challenges and threat to the temple committee stating that by W.P.(C) No.9125 of 2013 3 all means they will disturb the festival and if necessary they will start a new festival parallel to it. The request by the petitioner to provide adequate police protection for the peaceful conduct of the festival was turned down by the police. Hence, the petition. Counter affidavit is filed by the 4th, 5th and 7th respondents.

3. We heard the learned counsel for the parties. The matter relates to the conduct of 'Ponkala'. According to the petitioner, petitioner is the officially elected body. Learned counsel for the party respondents would submit that the party respondents will do 'Ponkala' as was done last year. It is further submitted that they will not obstruct the 'Ponkala' being conducted by the petitioner. Learned Government Pleader would submit that, police presence will be there. We record the above submissions and dispose of the writ petition.

(K.M.JOSEPH)

JUDGE.

( K.RAMAKRISHNAN)

JUDGE.

MS