The High Court of Kerala dismissed a writ petition wherein petitioners claimed assault and threat by temple family members. Finding no proof of the petitioner's appointment and uncontroverted evidence of temple closure by the petitioner, the court dismissed the appeal without imposing costs.
No order as to costs.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941
WP(C).No.13055 of 2019
PETITIONERS:
1 HARIHARANANDANASWAMI AGED 72 YEARS SANYASI, MELSANTHI MALAYATTIL TEMPLE, PALLINADA, CHALINGADU, KAIPAMANGALAM, KAIPAMANGALAM, THRISSUR RURAL.
2 SHYAM KRISHNAN, AGED 31 YEARS S/O. LATE KOLATHA PPULLY RADHA KRISHNAN, KOLATHA PPULLY HOUSE, CHALINGADU P.O, KAIPAMANGALAM, THRISSUR PIN-680681.
BY ADVS. SRI.CHERIAN GEE VARGHESE SRI.BIJU HARIHARAN SRI.P.C.SHIJIN SRI.P.HARIDAS SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.RISHIKESH HARIDAS
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, THIRUVANANTHAPURAM, PIN-695001.
WP(C).No.13055 of 2019 2
9 M.S. JINAN, S/O. MALAYATTIL SUBRAMANIAN, MALAYATTIL HOUSE, KOTTALPARAMBU P.O, MATHILMOOLA, MATHILAKAM, THRISSUR, PIN-680685.
BY ADVS. ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.M.R.ANISON SMT.V.BHARGAVI (PANANGAD) SMT.V.P.SEEMANDINI (SR.) SR.GP.SRI.P.P.THAJUDHEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.07.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.13055 of 2019 3
JUDGMENT
Arun, J
The first petitioner claims to be the Melsanthi of Malayattil Vishnumaya Sree Bhagavathy Kshetram. The second petitioner is the care taker of the property of one Benny Malayattil, a member of the family which owns the temple. According to the first petitioner, after being appointed as the Melsanthi in December 2018 he put an end certain unholy rituals in the temple and thereupon the performers of such rituals became inimical towards him. Those persons assaulted the first petitioner inside the temple premises, which led to the registration of Ext P1 FIR. At the instigation of the very same persons, certain members of the Malayattil family assaulted the petitioners by trespassing into the residential house of Benny, where the petitioners are residing. Though, repeated complaints have been submitted no action is forthcoming from the police. The petitioners apprehend danger to their life and limb at the hands of respondents 6 to 12 and their men.
WP(C).No.13055 of 2019 4
that the Malayattil Vishnumaya Sree Bhagavathy Kshetram is managed by 50 members of Malayattil family. That Benny was one among the 50 members and it was at his instance that the first petitioner was given charge of Melsanthi in December, 2018. It is alleged that the behaviour of the first petitioner towards the worshipers and devotees, especially women, was indecent and culture less, leading to a spate of complaints against the first petitioner. It is submitted that on being questioned about his misbehaviour, the first petitioner closed the temple and left the place on 8.2.2019, without informing any member of the Malayattil family. It is alleged that while leaving the temple, the first petitioner had taken away all the valuables. It is contended that the real person behind the Writ Petition is Benny, who is at loggerheads with the temple committee. As far as the second petitioner is concerned, it is pointed out that other than being the caretaker of Benny's property, he has nothing to do with either the temple or its administration. It is submitted that no such incidents, as alleged in the Writ Petition, has taken place and that the first petitioner, having absconded from the area, has no cause for complaint.
WP(C).No.13055 of 2019 5
In the result, this Writ Petition is dismissed. No order as to costs.
K.VINOD CHANDRAN, JUDGE
V.G.ARUN, JUDGE
cms
WP(C).No.13055 of 2019 6
APPENDIX
PETITIONERS EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.114/2019 DATED 08.02.2019. EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 19.02.2019. EXHIBIT P2 A TRUE COPY OF THE RECEIPT OF THE COMPLAINT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 10.04.2019. EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED 16.03.2019. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 27.03.2019. EXHIBIT P6 TRUE COPY OF THE FIR IN CRIME NO.0245/2019 OF KAIPAMANGALAM POLICE STATION DATED 08.04.2019. EXHIBIT P7 TRUE COPY OF THE E-MAIL SENT BY THE 1ST PETITIONER TO THE SHO, KAIPPAMANGALAM DATED 27.04.2019.
RESPONDENTS EXHIBITS:
EXHIBIT R6(a) TRUE COPY OF THE LIST OF THE NEWLY CONSTITUTED MANAGING COMMITTEE MEMBERS OF THE TEMPLE. EXHIBIT R6(b) TRUE COPY OF THE PETITION FILED BEFORE THE 5TH RESPONDENT BY THE FAMILY MEMBERS DATED 19.02.2019. EXHIBIT R6(c) TRUE COPY OF THE REPRESENTATION FILED BY THE OFFICE BEARERS OF THE TEMPLE BEFORE THE 5TH RESPONDENT ON 24.02.2019. EXHIBIT R6(d) TRUE COPY OF THE COMPLAINT AGAINST MR.BENNY AND HIS SUPPORTERS WAS PRESENTED TO THE 5TH RESPONDENT ON 08.03.2019. cms /TRUE COPY/ P.S.TO JUDGE
1 issue framed by the court
Whether the first petitioner was duly appointed as Melsanthi of the temple.
HARIHARANANDANASWAMI
SHYAM KRISHNAN
STATE OF KERALA
M.K. RAJAN
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
