IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32226 of 2010(C)
1. M.ASOK KUMAR PANDARATHIL,
... Petitioner
Vs
1. SUPERINTENDENT OF POLICE, ALAPPUZHA,
... Respondent
2. DEPUTY SUPERINTENDENT OF POLICE,
3. CIRCLE INSPECTOR OF POLICE,
4. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.V.ANIL (K/1480/98)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :08/11/2010
O R D E R
K.M.JOSEPH & M.C.HARI RANI, JJ.
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W.P.(C) No.32226 of 2010-C
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Dated, this the 8th day of November, 2010
J U D G M E N T
K.M.Joseph, J.
Petitioner has approached this Court seeking the
following reliefs:
“i) to issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondents 1 to 4
to afford adequate and sufficient police protection to
Muthuvazhy Subramonia Swamy Temple and its Poojari
and worshipers from the unknown anti social elements
who creates constant threat in the temple premise.
ii) to issue a writ of mandamus or any other appropriate
writ, order or direction directing the respondent to take
appropriate action on the matter so as to maintain the
law and order situation ensuring tranquility in the
locality.”
2. Briefly put,the case of the petitioner is as
follows. Petitioner is the Manager of the Muthuvazhy
Subramonia Swamy Temple and the said temple belongs to
their family. There is rumours spread in the locality that the
Thazhikakudom (dome) of the sanctum sanctorum of the
temple contains a valuable and very costly substance, there
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happened series of occurrences for conducting robbery. Five
persons were arrested by the police and crime was registered.
The said matter is on the committal stage. Recently, there
occurred another unpleasant and terrible incident and because
of that terror the worshipers and Poojari are under fear.
3. Learned Government Pleader, on instructions,
submits as follows: There is a civil case pending between the
members of the family of the petitioner regarding the
ownership of the temple. In 2008 the Director of Archeology,
Thiruvananthapuram has requested the Superintendent of
Police, Alappuzha to provide security to the temple in view of
the fact that very valuable substance is found in the
Thazhikakudom. Beat Register has been established and
regular patrolling is being done. Attempt of theft was made
and that was thwarted on 16.6.2010. Learned Government
Pleader would further submit that effective patrolling is being
done and security measures are adopted so as to protect the
property of the temple. We record the submission of the
learned Government Pleader and dispose of the writ petition in
terms of the said submission. We make it clear that, it should
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not be understood as meaning that we have pronounced on
any issue which is pending before the civil Court and the civil
Court is free to decide the matter untrammeled by anything
contained in this judgment. We further make it clear that, this
must not be treated as a pronouncement of any right in favour
of the petitioner who has approached this Court as between
the petitioner and any other party to civil suit. This judgment
shall not be looked into by the civil Court when the matter is
taken up the civil Court.
(K.M.JOSEPH)
JUDGE.
(M.C.HARI RANI)
JUDGE.
MS