The High Court dismissed writ petitions seeking direction to allow temple festivals and initiate Section 145 CrPC proceedings, holding that fundamental issues regarding temple management and rights are sub judice in a pending civil suit. The petitions were disposed of without adjudicating substantive rights.
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 SHAJI P.CHALY
MONDAY ,THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941
WP(C).No. 4434 of 2019
PETITIONER/S:
T.N.SANKARAN NAIR, AGED 86 YEARS, OWN AFFAIRS, S/O. LATE UNNIATHA AMMA, THAZHE NEDUMBURATH HOUSE, MANAKKADAVU ROAD, PANTHEERANKAVU P.O., KOZHIKODE -673 019.
BY ADVS. SRI.N.SUBRAMANIAM SMT.USHA NARAYANAN SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN
RESPONDENT/S:
1 THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, KOZHIKODE, CIVIL STATION, ERANHIPPALAM P.O., KOZHIKODE - 673 020.
2 THE COMMISSIONER OF POLICE, KOZHIKKODE, CALICUT CITY P.O., KOZHIKKODE - 673 004.
3 THE STATION HOUSE OFFICER, NALLALAM POLICE STATION, NALLALAM P.O., KOZHIKKODE - 673 027.
4 NEDUMPURATH KUDUMBA TRUST, REGN.NO. KKD/96/2017, O.P. NO. 7/315, NEDUMPURATH HOUSE, PANTHEERANKAVU P.O., KOZHIKKODE -673 019.
REPRESENTED BY ITS CHAIRMAN SRI. N. HARIMOHANAN, AGED 62YEARS, RETIRED TEACHER, S/O. DEVAKI AMMA, KAILAMADAM AMSOM AND DESOM, PANTHEERANKAVU P.O., KOZHIKKODE - 673 019.
W.P.(C) Nos.4434 & 4448 of 2019
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5 SRI. DHANESH KUMAR, AGED 43 YEARS, GOVERNMENT EMPLOYEE, S/O. INDIRA, “AKSHAYA”, NEDUMBURATH KOLLANGANCHERY HOUSE, PANTHEERANKAVU P.O., KOZHIKKODE - 673 019. BY ADVS. R1 - R3 SMT. PRINCY XAVIER, GOVERNMENT PLEADER R4 - SRI.NIRMAL. S R5 - SRI.K.M.FIROZ SMT.M.SHAJNA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2019, ALONG WITH WP(C).4448/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4434 & 4448 of 2019
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY ,THE 25TH DAY OF MARCH 2019 / 4TH CHAITHRA, 1941
WP(C).No. 4448 of 2019
PETITIONER/S:
NEDUMBURATH KUDUMBA TRUST, REGD.NO.KKD/96/2017, REPRESENTED BY ITS CHAIRMAN N.HARIMOHANAN, AGED 60 YEARS, S/O.DEVAKI AMMA, PANTHEERANKAVU.P.O., KOZHIKODE-673019.
BY ADVS. SRI.NIRMAL. S SMT.VEENA HARI SRI.K.BIJESH
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER, CIVIL STATION, KOZHIKODE-673001.
2 STATION HOUSE OFFICER, NALLALAM POLICE STATION, NALLALAM, KOZHIKODE-673027.
3 SANKARAN NAIR, AGED 85 YEARS, S/O.IKKANDANDAN NAIR, THAZHE NEDUMPURATH HOUSE, KAILAMADOM AMSOM AND DESOM, PANTHEERANKAVU.P.O., KOZHIKODE-673019.
4 DANESH KUMAR, AGED 43 YEARS, S/O.INDIRA, “AKSHAYA”, NEDUMPURATH KOLLANGANCHERI HOUSE, KALLAMADAM AMSOM AND DESOM, PANTHEERANKAVU.P.O., KOZHIKODE-19.
BY ADVS.
R1 & R2 - SMT. PRINCY XAVIER, GOVERNMENT PLEADER R3 - SRI.M.S.NARAYANAN
W.P.(C) Nos.4434 & 4448 of 2019
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SRI.N.SUBRAMANIAM SMT.USHA NARAYANAN SRI.M.S.NARAYANAN R4 - SRI.K.M.FIROZ SMT.M.SHAJNA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.03.2019, ALONG WITH WP(C).4434/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) Nos.4434 & 4448 of 2019
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JUDGMENT
The above writ petitions are materially connected
in respect of the issues cropped up consequent to the disputes by and between a Trust and other persons
regarding the management of two temples, and the conduct of the annual festival of the “Karuvan Kavu”
and the “Thondasserry Kariyathan Kavu” on the 2nd Thursday and 2nd Friday of the Malayalam month of “Kumbham” every year. Therefore, I heard them together and propose to deliver this common judgment.
concerned, the predominant relief sought for is a
direction to respondents 1 to 3 to permit the petitioner to conduct the annual festival specified
above, in accordance with custom and practices being followed in these temples for more than 100 years, on
the dates specified above, every year, till a finality is arrived at in the civil suit, O.S.No.842/2018
pending before the Munsiff's Court, Kozhikode.
Nedumburath Kudumba Trust, in which the relief sought for is a direction to the 1st respondent to initiate
proceedings under Sec.145 of the Code of Criminal Procedure, and to put the petitioner in possession of
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the temple specified above, and for a direction to the 1st respondent to take all necessary measures to enable the petitioner to conduct the festivals of the temples and for other related reliefs.
petitioners, it is categoric and clear that there are disputes pending by and between the parties in respect of the management of the temples. It is also clear that the 5th respondent in W.P.(C) No.4434 of 2019 has filed the above specified suit, evident from Ext.P1, seeking perpetual injunction restraining the defendants and their men from trespassing into the properties of the temples and doing anything detrimental to the right, possession and management, and offerings of the temple, and in any way interfering with the peaceful possession and enjoyment of the same by the plaintiff. The Chairman of the Trust, viz., one N.Harimohanan and the petitioner in W.P.(C) No.4434 of 2019 are also parties in the suit. Therefore, the basic issue of the rights of the parties to conduct the temple management is at large before a competent civil court. Therefore,
at this point of time, it may not be appropriate and legal on the part of this Court or the Revenue Divisional Officer or any other authorities to
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interfere in the subject matter, since the basic issues
are to be deciphered by the civil court in the suit pending.
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order situation is apprehended, the revenue as well as
police authorities are at liberty to take appropriate action to maintain law and order and to ensure peaceful situations. The proceedings pending before the Revenue Divisional Officer, i.e., the 1st respondent in W.P.(C) No.4448 of 2019 shall be kept in abeyance, awaiting the orders of the civil court in the suit specified above. All questions of fact and law raised in these writ petitions are left open, enabling the parties to take up all the contentions in the suit.
decision taken by the civil court in the suit specified or in any suit filed hereafter. The Revenue Divisional
Officer will be at liberty to pass suitable orders in
the pending proceedings in accordance with the judgment/decree passed by the civil court. The parties will also be guided by any orders passed by the civil
court in any interlocutory applications submitted by the parties, and in that event, the revenue as well as
police authorities shall take adequate action in accordance with the directions given by the civil court.
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The writ petitions are disposed of accordingly.
Sd/-
SHAJI P.CHALY
JUDGE
W.P.(C) Nos.4434 & 4448 of 2019
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APPENDIX OF WP(C) 4434/2019
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 2.12.2018 IN O.S. NO. 842/2018 OF THE HONOURABLE MUNSIFF COURT, KOZHIKKODE.
EXHIBIT P2 TRUE COPY OF THE COMPLAINT DATED 3.12.2018 SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION.
EXHIBIT P3 TRUE COPY OF NOTICE DATED NIL ISSUED BY THE VILLAGE OFFICER, PANTHEERANKAVU VILLAGE.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 6.2.2019 ISSUED BY THE STATION HOUSE OFFICER, NALLALAM POLICE STATION.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R4(A) THE COUNTER STATEMENT FILED BY THE PETITIONER IN I.A.NO.4939/2018 IN O.S.NO.842/2018.
EXHIBIT R4(B) THE TRUE GENEALOGY OF THE 5TH RESPONDENT. EXHIBIT R4(C) THE TRUE GENEALOGY OF THE PETITIONER. EXHIBIT R4(D) THE TRUE GENEALOGY OF THIS RESPONDENT.
//TRUE COPY//
P.S. TO JUDGE
St/-
W.P.(C) Nos.4434 & 4448 of 2019
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APPENDIX OF WP(C) 4448/2019
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE SURVEY SETTLEMENT REGISTER. |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE RESURVEY SETTLEMENT REGISTER. |
| EXHIBIT P3 | TRUE COPY OF THE CHITTA REGISTER. |
| EXHIBIT P4 | TRUE COPY OF THE VILLAGE ADANGAL EXTRACT. |
| EXHIBIT P5 | TRUE COPY OF THE TRUST DEED DATED 24.4.2017. |
| EXHIBIT P6 | TRUE COPY OF THE PAPER PUBLICATIONS DECLARING THE FESTIVAL DURING 2018 IS PUBLISHED IN NEWSPAPERS. |
| EXHIBIT P7 | TRUE COPY OF THE NOTICE TO THE GENERAL PUBLIC REGARDING THE FESTIVAL OF 2018. |
| EXHIBIT P8 | TRUE COPY OF THE APPLICATION GIVEN BY THE PETITIONER TO VILLAGE OFFICER PANTHEERANKAVU. |
| EXHIBIT P9 | TRUE COPY OF THE REPORT FORWARDED BY THE VILLAGE OFFICER. |
| EXHIBIT P10 | TRUE COPY OF THE POLICE COMPLAINT DATED 21.10.2018 AND THE RECEIPT ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P11 | TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE THAHSILDAR. |
| EXHIBIT P12 | TRUE COPY OF THE STOP MEMO ISSUED BY THE THAHSILDAR. |
| EXHIBIT P13 | TRUE COPY OF THE ORDER DATED 13.11.2018 ISSUED BY THE THAHSILDAR, KOZHIKODE. |
| EXHIBIT P14 | TRUE COPY OF THE LAND TAX RECEIPT DATED 26.11.2018. |
| EXHIBIT P15 | TRUE COPY OF THE POSSESSION CERTIFICATE ISSUED BY THE VILLAGE OFFICER PANTHEERANKAVU. |
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| EXHIBIT P16 | TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED FROM OLAVANNA GRAMA PANCHAYATH WITH RESPECT TO NEDUMBURATH KARUVAN KAVU. |
|---|---|
| EXHIBIT P17 | TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED FROM OLAVANNA GRAMA PANCHAYATH WITH RESPECT TO THONDASSERY KAVU. |
| EXHIBIT P18 | TRUE COPY OF THE POLICE COMPLAINT DATED 2.12.2018 AND THE RECEIPT ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P19 | TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.12.2018 AND THE RECEIPT. |
| EXHIBIT P20 | TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5.12.2018 AND THE RECEIPT. |
| EXHIBIT P21 | TRUE COPY OF THE COMPLAINT OF THE PETITIONER DATED 6.12.2018. |
| EXHIBIT P22 | TRUE COPY OF THE COMPLAINT TO THE COMMISSIONER OF POLICE KOZHIKODE ON 5.12.2018. |
| EXHIBIT P23 | TRUE COPY OF THE REPORT FORWARDED BY THE 2ND RESPONDENT TO 1ST RESPONDENT ON 5.12.2018. |
| EXHIBIT P24 | TRUE COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT THROUGH THE VILLAGE OFFICER PANTHEERANKAVU. |
| EXHIBIT P25 | TRUE COPY OF THE NOTICE ISSUED THROUGH VILLAGE OFFICER PANTHEERANKAVU STATING TO APPEAR ON 28.12.2018 FOR A MEETING. |
| EXHIBIT P26 | TRUE COPY OF THE NOTICE DEMANDING THE PETITIONER TO APPEAR ON 25.1.2019 TO RESOLVE THE DISPUTE. |
| EXHIBIT P27 | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TRUST BEFORE THE ASST. COMMISSIONER SOUTH, KOZHIKODE AND ITS RECEIPT. |
| EXHIBIT P28 | TRUE COPY OF THE DISCHARGE CARD ISSUED TO THE PETITIONER FROM GOVT. BEACH HOSPITAL KOZHIKODE. |
W.P.(C) Nos.4434 & 4448 of 2019
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| EXHIBIT P29 | TRUE COPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED TO MR.DINESHAN. |
|---|---|
| EXHIBIT P30 | TRUE COPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED TO MR.UMESH LAL. |
| EXHIBIT P31 | TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT ON 3.2.2019. |
| EXHIBIT P32 | TRUE COPY OF THE RECEIPT DATED 4.2.19. |
| EXHIBIT P33 | TRUE COPY OF THE COMPLAINT DATED 5.2.2019 AND THE RECEIPT. |
| EXHIBIT P34 | TRUE COPY OF THE NOTICE ISSUED UNDER SECTION 63(B) OF THE KERALA POLICE ACTION. |
| EXHIBIT P35 | TRUE COPY OF THE RECEIPT DULY EXECUTED BY THE PETITIONER. |
| EXHIBIT P36 | TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P37 | TRUE COPY OF THE MASS PETITION SIGNED BY 272 MEMBERS OF THE LOCALITY. |
| EXHIBIT P38 | TRUE COPY OF THE MASS PETITION SIGNED BY 48 MEMBERS OF THE NEARBY FAMILY. |
| RESPONDENT'S/S EX | HIBITS: |
| EXHIBIT R3(A) | TRUE COPY OF AFFIDAVIT DATED 16.02.2019 EXECUTED BY SIDHARTHAN NALUKANDATHIL. |
| EXHIBIT R3(B) | TRUE COPY OF AFFIDAVIT DATED 16.02.2019 EXECUTED BY UNNIKRISHNAN CHALOLI. |
| EXHIBIT R3(C) | TRUE COPY OF AFFIDAVIT DATED 16.02.2019 EXECUTED BY MADHAVAN NECHOOLI. |
| EXHIBIT R3(D) | TRUE COPY OF AFFIDAVIT DATED 16.02.2019 EXECUTED BY HARIGOVINDAN PARAMBATH. |
| EXHIBIT R3(E) | TRUE COPY OF THE RECEIPT DATED 22.03.2018. |
| EXHIBIT R3(F) | TRUE COPY OF THE RECEIPT DATED 24.03.2018. |
| EXHIBIT R3(G) | TRUE COPY OF THE WILL DATED 04.12.1947 EXECUTED BY NEDUMPURATH KELU NAIR. |
//TRUE COPY// P.S. TO JUDGE
St/-
2 issues framed by the court
Whether the High Court should interfere and direct permit of annual temple festival during pendency of civil suit regarding temple management.
Whether revenue authorities can adjudicate civil disputes regarding management of temples and conduct of festivals.
2 provisions across 2 enactments
T.N.SANKARAN NAIR
NEDUMPURATH KUDUMBA TRUST
REVENUE DIVISIONAL OFFICER
COMMISSIONER OF POLICE, KOZHIKKODE
STATION HOUSE OFFICER, NALLALAM
SANKARAN NAIR
SHAJI P.CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
