PALATT SREE BHAGAVATHY KSHETHRA BHARANA SAMITHI REPRESENTED v. STATE OF KERALA

SRI. IMAM GREGOREOUS KARAT, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

16.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 360 OF 2023 3 JUDGMENT The petitioner is the Palatt Sree Bhagavathy Kshethra Bharana Samithi. On 04.01.2023, this writ petition was filed seeking the following reliefs:- “a) direct respondents 1 to 3 to grant adequate Police Protection to Palatt Sree Bhagavathy Kshethra Bharana Samithi to administer the temple smoothly and also to conduct the temple festival scheduled to be held on 30.01.2023 and 31.01.2023 from the illegal interference of respondents 9 to 14 and their henchmen including the members of CPI(M) by the issue of writ of mandamus or such other writ or order or direction. ”

2. When this writ petition came up for consideration on

27.01.2023, this Court passed the following order:- “The interim prayer sought for in this writ petition is for police protection to Palatt Sree Bhagavathy Kshethra Bharana Samithi to administer the temple smoothly and also to keep the temple festival scheduled to be held on 30.1.2023 and 31.1.2023 from the illegal interference of respondents 9 to 14 and their henchmen.

2. Counter affidavits have been placed on record by the contesting party respondents. Respondents 10 to 14 state that they are also members of the family. It is also contended that the deponent to the affidavit is no longer the Secretary of the Samithi. Respondents 4 to 8 would contend that they filed a suit before the Munsiff Court-II, Kozhikode, challenging Ext.P1, which is also pending adjudication.

3. A detailed reply affidavit has also been placed on WP(C) NO. 360 OF 2023 4 record by the petitioner contending that the contention raised in the counter affidavit of respondents 10 to 14 that the petitioner has been ousted from the post of Secretary of the Samithi is not supported by any documents and that the Samithi had continued its existence with the petitioner as the Secretary. The disputed questions of fact cannot be adjudicated in these proceedings. Therefore, since the festival is scheduled to be conducted on 30.1.2023 and 31.1.2023, there will be a direction to the police to see that law and order is maintained and that the festival is conducted without any undue incident.

3. As clear from the relief which is sought for, the prayer essentially was to conduct the temple festival scheduled to be conducted on

30.01.2023 and 31.01.2023. Though the petitioner had also sought for to permit them to administer the temple, the said relief was not granted. In tune with the directions issued by this Court, it appears that the festival was conducted. The said order has not been challenged by the petitioner.

4. Now an application is filed as I.A. No. 1 of 2024, wherein the prayer sought for is for a direction to the respondents 2 and 3 to provide police protection to the petitioner to conduct the temple festival of Palatt Sree Bhagavathi Temple to be held on 30.01.2024 and 31.01.2024. The prayer sought for in the interlocutory application goes much beyond the prayer sought for in the main writ petition. Furthermore, Civil disputes are WP(C) NO. 360 OF 2023 5 pending between the parties before the jurisdictional civil court.

5. Be that as it may, as this Court has already ordered that the law and order shall be maintained during the temple festival held last year, it would be open to the petitioner to approach respondents 2 and 3 if they apprehend that a law and order situation warranting interference by the Police may arise. If any such request is made, the 3rd respondent shall consider the same and take appropriate action after granting an opportunity of being heard to the petitioner and respondents 4 to 14. The writ petition is disposed of. Sd/- RAJA VIJAYARAGHAVAN V JUDGE DCS WP(C) NO. 360 OF 2023 6 APPENDIX OF WP(C) 360/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE AGREEMENT DATED 18.01.2011 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit P-9 Exhibit P-10 TRUE COPY OF THE OS NO.42/2014 FILED BEFORE THE MUNSIFF COURT -LL, KOZHIKODE DATED 06.01.2014 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN O.S NO.42/2014 BEFORE THE MUNSIFF COURT -LL, KOZHIKODE DATED NIL TRUE COPY OF THE ORDER IN ORIGINAL PETITION (CIVIL) NO.1654/2017 FILED BY THE PETITIONER AND OTHERS BEFORE THE HIGH COURT OF KERALA DATED 24.05.2017 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.29259 OF 2018 DATED 05.09.2018 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE ASSISTANT COMMISSIONER OF POLICE, KOZHIKODE DATED 21.11.2022 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE ASSISTANT COMMISSIONER OF POLICE, KOZHIKODE DATED 30.12.2022 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR, MEDICAL COLLEGE POLICE STATION, KOZHIKODE DATED 30.12.2022 TRUE COPY OF THE PAPER REPORT IN MATHRUBHOOMI DAILY DATED 27.12.2021 True copy of the notice issued by the Municipality dated 26.07.2022 WP(C) NO. 360 OF 2023 7 Exhibit P-11 Exhibit P-12 Exhibit P-15 Exhibit P-13 Exhibit P-14 Exhibit P-16 Exhibit P-17 Exhibit P-18 Exhibit P-19 Exhibit P-20 Exhibit P-21 Exhibit P-22 Exhibit P-23 Exhibit P-24 True copy of the minutes of the Bharana Samithi held on 28.08.2011 True copy of the minutes of the Bharana Samithi held on 11.09.2021 True copy of the minutes of the Bharana Samithi held on 02.10.2011 True copy of the minutes of the Bharana Samithi held on 18.09.2011 True copy of the minutes of the Bharana Samithi held on 24.09.2011 True copy of the minutes of the Bharana Samithi held on 12.10.2011 True copy of the minutes of the Bharana Samithi held on 30.10.2011 True copy of the minutes of the Bharana Samithi held on 16.11.2011 True copy of the minutes of the Bharana Samithi held on 26.11.2011 True copy of the minutes of the Bharana Samithi held on 23.02.2012 True copy of the minutes of the Bharana Samithi held on 11.04.2012 True copy of the minutes of the Bharana Samithi held on 18.04.2012 True copy of the minutes of the Bharana Samithi held on 05.07.2012 True copy of the minutes of the Bharana Samithi held on 04.08.2012 WP(C) NO. 360 OF 2023 8 Exhibit P-25 Exhibit P-26 Exhibit P-27 Exhibit P-28 Exhibit P-29 Exhibit P-30 Exhibit P-31 Exhibit P-32 Exhibit P-33 Exhibit P-34 Exhibit P-35 Exhibit P-36 Exhibit P-37 Exhibit P-38 Exhibit P-39 True copy of the minutes of the Bharana Samithi held on 28.09.2012 True copy of the minutes of the Bharana Samithi held on 10.10.2012 True copy of the minutes of the Bharana Samithi held on 06.11.2012 True copy of the minutes of the Bharana Samithi held on 23.11.2012 True copy of the minutes of the Bharana Samithi held on 27.12.2012 True copy of the minutes of the Bharana Samithi held on 07.02.2013 True copy of the minutes of the Bharana Samithi held on 16.05.2013 True copy of the minutes of the Bharana Samithi held on 06.09.2013 True copy of the minutes of the Bharana Samithi held on 24.09.2013 True copy of the minutes of the Bharana Samithi held on 14.11.2014 True copy of the minutes of the Bharana Samithi held on 04.12.2013 True copy of the minutes of the Bharana Samithi held on 27.12.2013 True copy of the minutes of the Bharana Samithi held on 18.02.2014 True copy of the minutes of the Bharana Samithi held on 26.02.2014 True copy of the minutes of the Bharana Samithi WP(C) NO. 360 OF 2023 9 Exhibit P-40 Exhibit P-41 Exhibit P-42 Exhibit P-43 Exhibit P-44 Exhibit P-45 Exhibit P-46 Exhibit P-47 Exhibit P-48 Exhibit P-49 Exhibit P-50 Exhibit P-51 Exhibit P-52 Exhibit P-53 held on 07.03.2014 True copy of the minutes of the Bharana Samithi held on 19.03.2014 True copy of the minutes of the Bharana Samithi held on 12.09.2014 True copy of the minutes of the Bharana Samithi held on 12.11.2014 True copy of the minutes of the Bharana Samithi held on 23.12.2014 True copy of the minutes of the Bharana Samithi held on 26.06.2015 True copy of the minutes of the Bharana Samithi held on 03.07.2015 True copy of the minutes of the Bharana Samithi held on 09.09.2015 True copy of the minutes of the Bharana Samithi held on 01.10.2015 True copy of the minutes of the Bharana Samithi held on 26.11.2015 True copy of the minutes of the Bharana Samithi held on 06.05.2016 True copy of the minutes of the Bharana Samithi held on 21.09.2016 True copy of the minutes of the Bharana Samithi held on 30.09.2016 True copy of the minutes of the Bharana Samithi held on 04.11.2016 True copy of the minutes of the Bharana Samithi held on 08.03.2017 WP(C) NO. 360 OF 2023 10 Exhibit P-54 Exhibit P-58 Exhibit P-55 Exhibit P-56 Exhibit P-57 Exhibit P-59 Exhibit P-60 Exhibit P-61 Exhibit P-62 Exhibit P-63 Exhibit P-64 Exhibit P-65 Exhibit P-66 Exhibit P-67 Exhibit P-68 True copy of the minutes of the Bharana Samithi held on 05.05.2017 True copy of the minutes of the Bharana Samithi held on 16.02.2018 True copy of the minutes of the Bharana Samithi held on 25.07.2017 True copy of the minutes of the Bharana Samithi held on 08.09.2017 True copy of the minutes of the Bharana Samithi held on 09.07.2017 True copy of the minutes of the Bharana Samithi held on 02.05.2018 True copy of the minutes of the Bharana Samithi held on 03.10.2018 True copy of the minutes of the Bharana Samithi held on 13.11.2018 True copy of the minutes of the Bharana Samithi held on 18.02.2019 True copy of the minutes of the Bharana Samithi held on 15.05.2019 True copy of the minutes of the Bharana Samithi held on 19.09.2019 True copy of the minutes of the Bharana Samithi held on 12.11.2019 True copy of the minutes of the Bharana Samithi held on dated Nil True copy of the minutes of the Bharana Samithi held on 27.12.2020 True copy of the minutes of the Bharana Samithi WP(C) NO. 360 OF 2023 11 Exhibit P-69 Exhibit P-70 Exhibit P-71 Exhibit P-72 Exhibit P-73 Exhibit P-74 Exhibit P-75 Exhibit P-76 Exhibit P-77 held on 29.01.2020 True copy of the minutes of the Bharana Samithi held on 04.10.2021 True copy of the minutes of the Bharana Samithi held on 01.01.2022 True copy of the minutes of the Bharana Samithi held on 26.02.2022 True copy of the minutes of the Bharana Samithi held on 10.03.2022 True copy of the minutes of the Bharana Samithi held on dated Nil True copy of the minutes of the Bharana Samithi held on 05.11.2022 True copy of the minutes of the Bharana Samithi held on 11.12.2022 True copy of the Minutes of the Temple Festival Committee held on 03.01.2019 True copy of the minutes of the Temple Festival Committee held on 22.03.2019 RESPONDENT EXHIBITS Exhibit R 10(1) True copy of the minutes dated 21.1.2011 of Palatt Puthussery Tharavad Kudumbayogam Exhibit R 10(2) True copy of the show cause notice dated 6.5.22 Exhibit R 10(3) True copy of the reply dated 8.5.22 Exhibit R 10(4) True copy of cheque bearing the signature of the 11th respondent and the petitioner dated WP(C) NO. 360 OF 2023 12

16.3.2022 Exhibit R 10(5) True copy of the envelope with the letter/notice along with the reverse side of the envelope on which the endorsement 'Refused' dated 24.12.2022 Exhibit R 10(6) True copy of the screen shot of the message sent to the petitioner by the 11th respondent dated 7.1.2023. Exhibit R 10(7) True copy of the said affidavit/notice dated 10.1.2023. Exhibit R 10(8) True copy of the affidavit by respondent no: 14 in his capacity as 'Aaven' dated 10.1.2023. Exhibit R 10(9) True copy of the affidavit of a devotee who is the 'karanavar' sthani dated 10.01.2023. Exhibit R 10(10) True copy of the said letter by sthani, 'koyima' dated 3.5.2022. Exhibit R10(11) Photocopy of the minutes of the meeting dated 19.06.2022 Exhibit R10(12) True copy of the discharge summary from IQRAA Hospital dated 31.01.2023 Exhibit R10(13) True copy of the FIR registered on the basis of my complaint on 2.2.2023