IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25197 of 2007(Y)
1. SREEMAL GANAPATHY DEVASTHANAM,
... Petitioner
Vs
1. THE COMMISSIONER OF POLICE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. K.R.LAKSHMANAN, S/O LATE RAMANANDHAN,
4. K.L.ANUDAS, S/O.K.R.LAKSHMANAN,
5. M.V.MURALI, S/O.VAMANAN,
For Petitioner :SRI.P.VIJAYAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :21/08/2007
O R D E R
K. BALAKRISHNAN NAIR & HARUN-UL-RASHID, JJ.
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W.P. (C) No.25197 of 2007 - Y
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Dated, this the 21st day of August, 2007
JUDGMENT
Balakrishnan Nair, J.
The petitioner is the trustee of a temple. Avani Avittam is falling on the
28th of this month. The members of the community change the sacred thread
worn by them on the said day. The petitioner apprehends that there may be law
and order problem in the temple, because of some dispute between the Trust and
respondents Nos.3 and 4. Therefore this writ petition is filed seeking police
protection for the smooth conduct of the religious rites on the Avani Avittam day
on 28.8.2007.
3. The learned Government Pleader on instructions submitted that the
police will extend necessary protection.
4. The learned counsel for respondents Nos.3 to 5 submitted that though
they are also members of the community, they apprehend that they may not
permitted to participate in the above said ceremony. The learned counsel for the
petitioners submits that those respondents have failed to give subscription to the
Devaswom at the rate of Rs.51/- per person. For their failure, they have been
suspended from the membership of the general body. The learned counsel for
the contesting respondents denied this allegation. He points out that though
subscription was paid, the same was returned.
5. The learned counsel for the petitioner undertook that if the respondents
pay the subscription at the rate of Rs.51/- with a request for re-admission to the
general body, they shall be allowed to participate in the Avani Avittam ceremony.
This submission is recorded.
WPC No.25197/2007 Page numbers
6. We record the submission of the contesting respondents that they do
not propose to create any law and order problem on the Avani Avittam day. If
there is any breach of peace or threat of breach of peace, the petitioner may
move the 2nd respondent. In that event, the 2nd respondent will extend protection
and ensure prevention of breach of peace.
The writ petition is disposed of as above.
K. BALAKRISHNAN NAIR
JUDGE
HARUN-UL-RASHID,
JUDGE.
mt/