A.C.Bhanunni @ Valluvanattukara … vs The State Of Kerala on 21 August, 2007

Kerala High Court
A.C.Bhanunni @ Valluvanattukara … vs The State Of Kerala on 21 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21961 of 2007(M)


1. A.C.BHANUNNI @ VALLUVANATTUKARA VALLABHA
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE SUPERINTENDENT OF POLICE,

4. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.K.RAMAKUMAR

                For Respondent  :PUBLIC PROSECUTOR

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.
             ---------------------------------------------------------------------------
                         W.P.(C) No.21961 of 2007 - M
             ----------------------------------------------------------------------------
                        Dated, this the 21st day of August, 2007

                                          JUDGMENT

Balakrishnan Nair, J.

The petitioner is the Trustee of Sree Thirumandhamkunnu Bhagavathy

Devaswom, Angadipuram, near Perinthalmanna in Malappuram District.

Information has been furnished to the temple authorities by the Sub Inspector of

Police, Perinthalmanna regarding intelligence reports on the plans of terrorists to

target important temples like the temple managed by the petitioner. The Sub

Inspector has requested the temple authorities to increase the security

arrangement for the temple. He has visited the temple and gave certain

suggestions also. The petitioner feels that the security guards of the temple may

not be sufficient to meet the threat from the terrorists. Therefore, he has moved

the District Administration and the Superintendent of Police for providing sufficient

armed policemen to guard the temple. When those requests were not

considered, this writ petition is filed seeking the following relief:

“To issue a writ of mandamus or any other appropriate writ,

order or direction commanding the respondents to take

effective, meaningful and adequate steps to ensure the safety

of Sree Thirumandhamkunnu Bhagavathy temple at

Angadipuram, Malappuram District and to prevent any threat

of attack from any quarters by taking such steps as are

required including providing adequate security personnel

around the temple.”

2. Respondents Nos.3 and 4 have filed a statement stating that on

inspection it was found by the Sub Inspector of Police, Perinthalmanna that

WPC No. Page numbers

sufficient security is not provided to the temple during night time. He has asked

the temple authorities to increase the security arrangement and also make

provision to guard the temple and the temple premises. They also submitted that

having regard to the present strength of the police available, it is not possible to

send the policemen as guards for the temple. The petitioner may seek the

assistance of private security guards. The police will extend all help to the temple

authorities for safeguarding the temple, it is submitted.

3. The learned Government Pleader also submitted that patrolling is

undertaken in the area. Frequency of the patrolling will be increased, if

necessary.

4. We feel that the above stand of the police cannot be said to be

unreasonable. The limited man power available with the police have to be used

for various purposes. It is for the police authorities to decide how the force under

them should be deployed. This court is not justified in forcing their hands. But

the police shall endeavor to increase patrolling in the area having regard to the

threat perception and extend all help to the temple administration to improve the

security arrangements so as to ensure the safety of the temple and its devotees.

The writ petition is disposed of as above.

K. BALAKRISHNAN NAIR
JUDGE

HARUN-UL-RASHID,
JUDGE.

mt/

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