The High Court dismissed this writ petition, holding that the petitioner, after previously filing a petition on these exact facts, could not seek similar directions for police intervention. The court reiterated that the dispute over temple administration is a proper subject for the pending civil suit.
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
FRIDAY, THE 14TH DAY OF JUNE 2019 / 24TH JYAISHTA, 1941
WP(C).No.9443 of 2019
PETITIONER:
KAKKUNNATH BHAGAVATI KSHETHRAM TRUST,
KAKKOTH P.O, IRIVERI, KANNUR DISTRICT, REPRESENTED BY ITS PRESIDENT-SURESH KUMAR K, S/O. BHASKARAN, AGED 59 YEARS, NALINAM, P.O. IRIVERI, PANERICHAL, KANNUR DISTRICT.
BY ADVS. SRI.M.SASINDRAN SRI.SATHEESHAN ALAKKADAN
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, KANNUR DISTRICT-670001.
BY ADVS.
SRI.K.MOHANAKANNAN SMT.T.V.NEEMA
SR.GP. SRI.P.P.THAJUDHEEN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.9443 of 2019 2
JUDGMENT
Arun, J
The petitioner claims to be a Trust by name 'Sree Kakkunath Bhagavathi Temple Trust', which is constituted by the members of the Kakkunath family for the purpose of administering the Sree Kakkunath Bhagavathi Temple. The 4th respondent is also a member of the Kakkunath Tarawad and is now acting as Embron of the temple. According to the petitioner, the Embron is vested only with the duty of giving instructions to the devotees with respect to the prayers and other rituals and has no role in the administration and financial affairs of the temple. It is alleged that the 4th respondent is creating problems at the temple during ceremonial functions and is attempting to interfere with the administration and financial affairs of the temple.
WP(C).No.9443 of 2019 3
restraining the defendants from causing any obstruction or inconvenience to him in performing the religious rites and rituals of Sree Kakkunath Bhagavathi Temple, as Embron. The petitioner Trust was not made a defendant in the suit. The Interlocutory Application filed in the suit by the 4th respondent seeking injunction against the defendants was dismissed, reserving the right of the 4th respondent to perform his duties as Embron without interference. It is submitted that the petitioner has already moved the concerned court seeking impleadment in the suit and for modification of the order passed in the Interlocutory Application.
illegal actions of the 4th respondent are causing innumerable problems in the administration of the temple and also to the devotees and that a complaint in that regard filed before the police was of no avail. The petitioner had sought and was permitted to amend the writ petition. Along with the amended Writ Petition, the petitioner has produced Ext P7 judgment in WP(C) No.38355 of 2018 filed by the petitioner alleging police
WP(C).No.9443 of 2019 4
harassment. The averment in that Writ Petition was to the effect that the police is unnecessarily meddling in the affairs of the temple at the instance of the 4th respondent. WP(C) No.38355 of 2018 was disposed of leaving the parties to move the civil court to get appropriate orders in the pending suit. The 4th respondent was permitted to enjoy the fruits of Ext P3 order only with regard to the religious rites and rituals. It was specified that in the event of any person taking law into his hands, the police shall intervene in order to maintain the law and order situation.
the police in the affairs of the temple. Obviously the attempt is on the premise that under cover of an order of police protection, obtained by the petitioner, the Police could be prompted to impose the will of the petitioner in the temple. The petitioner having approached this Court earlier resulting in Ext P7 judgment, the instant Writ Petition filed on the very same set of facts is, to say the least, ill advised. In Ext
WP(C).No.9443 of 2019 5
P7 judgment, this Court had made it clear that the remedy of the parties lie in moving the civil court, where a suit with respect to the dispute highlighted in the Writ Petition is pending. This Court has also directed the police to intervene in the event of there being any law and order situation. In such circumstances, the petitioner cannot seek a similar direction once again, that too without even raising a specific instance of breach of peace or of the law and order situation.
For the reasons mentioned above, we find no merit in the writ petition and the same is accordingly dismissed. No order as to costs.
K.VINOD CHANDRAN, JUDGE
V.G.ARUN, JUDGE
cms
WP(C).No.9443 of 2019 6
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REGISTERED TRUST DEED DATED 27.09.2017 EXECUTED BY THE MEMBER OF THARAWARD. EXHIBIT P2 A TRUE COPY OF THE PLAINT IN OS NO.109 OF 2018 FILED BY THE 4TH RESPONDENT HEREIN BEFORE THE COURT OF MUNSIFF, THALASSERY. EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 18.06.2018 IN IA NO.915 OF 2018 IN OS NO.109 OF 2018. EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 04.01.2019 IN IA NO.1568 OF 2018 IN IA NO.915 OF 2018 IN OS NO.109 OF 2018 ON THE FILES OF MUNSIFF COURT, THALASSERY. EXHIBIT P5 A TRUE COPY OF THE APPLICATION TO IMPLEAD THE TRUST IN O.S NO.109 OF 2018 EXHIBIT P6 A TRUE COPY OF THE COMPLAINT DATED 12.03.2019 LODGED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXT P7 COPY OF JUDGMENT DTD 7.12.2018 OF THE HON'BLE COURT IN WP(C) NO.38355 OF 2018 /TRUE COPY/ P.S.TO JUDGE cms
2 issues framed by the court
Whether the petitioner is entitled to seek further police direction to intervene in temple affairs given a prior order directing civil court remedies for the same facts.
Whether the impugned order directing parties to a civil court for management disputes warrants fresh writ intervention.
Kakkunath Bhagavathi Kshethram Trust
District Police Chief, Kannur District
Circle Inspector of Police, Chakkarakkal
Sub Inspector of Police, Chakkarakkal
M.K. Manoharan
K. VINOD CHANDRAN
V. G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
