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
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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/