The Kerala High Court directed the District Police Chief to ensure law and order during the temple trust election and consider any requests for police assistance made by the Returning Officer.
The Director of Public Prosecution must ensure law and order and consider requests for police assistance by the Returning Officer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN &
THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH
THURSDAY, THE 23RD DAY OF OCTOBER 2014/1ST KARTHIKA, 1936
WP(C).No. 27644 of 2014 (E)
PETITIONER:
A.N.THAKAPPAN ALANAL PRESIDENT,
VANNAPPURAM KANJIRAKKATTU SREE MAHADEVA TEMPLE TRUST, VANNAPPURAM, IDUKKI DISTRICT, PIN 685607.
BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.SIDDHARTH KRISHNAN
RESPONDENTS:
BY SPL. GOVERNMENT PLEADER SRI.SUJITH MATHEW JOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27644 of 2014 (E)
APPENDIX
PETITIONER'S EXTS
EXT.P1:- TRUE COPY OF THE DECISION DT. 03-08-14 OF KANJIRAKKATTU SREE MAHADEVA TEMPLE TRUST COMMITTEE.
EXT.P1(a):- ENGLISH TRANSLATION OF EXT.P1
EXT.P2:- TRUE COPY OF THE NOTICE ALONG WITH ELECTION SCHEDULE PUBLISHED ON 10-08-14.
EXT.P2(a):- ENGLISH TRANSLATION OF EXT.P2
EXT.P3:-TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT WITH COPY TO THE 3RD RESPONDENT DATED 25-09-14.
EXT.P3(a):- ENGLISH TRANSLATION OF EXT.P3.
EXT.P4:- TRUE COPY OF THE FIR REGISTERED BY THE 3RD RESPONDENT DT. 28-09-14.
EXT.P4(a):- ENGLISH TRANSLATION OF EXT.P4
EXT.P5:- TRUE COPY OF THE ELECTION NOTIFICATION DATED 09-10-14.
EXT.P5(a):- ENGLISH TRANSLATION OF EXT.P5.
EXT.P6:- TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT WITH COPIES TO RESPONDENTS 2 AND 3 DATED 15-10-14.
EXT.P6(a):- ENGLISH TRANSLATION OF EXT.P6
THOTTATHIL B. RADHAKRISHNAN & BABU MATHEW P. JOSEPH, JJ.
W.P.(C) No.27644 of 2014
Dated this the 23rd day of October, 2014
JUDGMENT
Thottathil B. Radhakrishnan, J.
The petitioner says that there is a likelihood of law and order problem in connection with the election to the Trust of the temple described in this writ petition. Going by the papers, Adv. R.K.Roy of Thodupuzha has been appointed as the Returning Officer. Having looked into the materials, we are satisfied that all that is required is that the jurisdictional police officer shall ensure that law and order is maintained and any request by the Returning Officer for any police assistance for the purpose of conduct of election shall be considered by the second respondent and appropriate action shall be taken from that end.
Writ petition is ordered accordingly.
THOTTATHIL B. RADHAKRISHNAN JUDGE
BABU MATHEW P. JOSEPH
JUDGE
kns/-
-2-
1 issue framed by the court
Whether the District Police Chief should ensure law and order and act on requests for police assistance regarding the temple trust election.
A.N. Thakappan Alanal President, Vannapuram Kanjirakkattu Sree Mahadeva Temple Trust, Vannapuram
The District Police Chief, Painavu, Idukki
The Circle Inspector of Police, Kaliyar Police Station, Vannapuram
The Sub Inspector of Police, Kaliyar Police Station, Vannapuram
Thottathil B. Radhakrishnan
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
