Writ petition concerning a dispute over temple property and police handling of complaints. Noting that a Division Bench judgment (Exhibit P4) had already directed the Thrikkunnapuzha Station House Officer to decide the petitioner's application in accordance with law and applicable judgments, the Court declined to issue further directions.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 15TH DAY OF JULY 2024 / 24TH ASHADHA, 1946
WP(C) NO. 22814 OF 2024
PETITIONER:
SRI. S.KRISHNAMOORTHY AGED 60 YEARS PRESIDENT,
KARTHIKAPALLY BRAHMANA SAMOOHAM, RESIDING AT AMBANATU
MADOM, (PADINJAREMADOM) MAHADEVICAD
P.O.,KARTHIKAPALLY, ALAPPUZHA, PIN - 690516
BY ADVS. SNEHA ROSE P.S.ARUNA ABRAHAM VAKKANAL (SR.)
(A-101)
RESPONDENTS:
1STATE OF KERALA REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF HOME AFFAIRS, GOVT. SECRETARIATE,
KOWDIAR P.O., TRIVANDRUM, PIN - 695003
2THE DEPUTY SUPERINTENDENT OF POLICE KAYAMKULAM,
KARIYILAKULANGARA P.O.,KAYAMKULAM, PIN - 690572
3 THE C.I.OF POLICE STATION HOUSE OFFICER, THRIKKUNAPUZHA POLICE STATION, TRIKKUNNAPUZHA, ALAPPUZHA, PIN - 6905154 THE TRAVANCORE DEVASWOM BOARD REP BY ITS SECRETARY, O/O THE TRAVANCORE DEVASWOM BOARD NANTHANCODE, TRIVANDRUM, PIN - 6950035THE TEMPLE ADVISORY COMMITTEE VELYAKULAGARA DEVI
TEMPLE, VELYAKULANGARA, REP BY ITS SECRETARY, MR.
RAJEEV, VELYAKULAGARA DEVI TEMPLE, MAHADEVICAD P.O.,
KARTHIKAPALLY,ALAPPUZHA, PIN - 690516
BY ADVS. SANTHOSH KUMAR G Beno G
S.CHYTHANYA(K/1030/1999) SREELEKHA. P(K/000988/2019)
GIRIJA N.(K/306/2020) SWATHY LEKSHMI J.(K/2641/2023)
SRI. G. SANTHOSH KUMAR R4
SRI. G. BENO R5.
SMT. REKHA. C. NAIR SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.22814 OF 2024
2
JUDGMENT Dated this the 15th day of July, 2024 The Senior Counsel appearing for the
petitioner raised various contentions. They were
refuted with equal conviction by the learned counsel for the 5th respondent.
Exhibit P4 judgment of the Division Bench, the Station House Officer of Thrikkunnapuza Police Station has been directed to deal with the application filed by the petitioner, in accordance with law, and the applicable judgments. In the light of such a positive direction, it will be inappropriate for this Court to issue further directions.
The writ petition is hence disposed of, directing the 3rd respondent to act in accordance with the direction in Exhibit P4 judgment, even while dealing with subsequent complaints.
Sd/V.G.ARUN JUDGE
SSK/15/07
W.P.(C)No.22814 OF 2024
3
PETITIONER EX |
APPENDIX OF WP(C) 22814/2024HIBITS |
|---|---|
Exhibit P1Exhibit P2 |
TRUE COPY OF THE LATEST TAX RECEIPT DATED 8/4/2024TRUE COPY OF THE JUDGEMENT IN THE WRIT PETITION NO.30586/2023 DATED 2/2/2024 |
Exhibit P3 |
TRUE COPY OF THE JUDGEMENT IN WRIT PETITION NO.41677/2023 DATED 14/2/2024 |
Exhibit P4 |
TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. 352 OF2024 DATED 8/4/2024 |
Exhibit P5 |
TRUE COPY OF THE FIR NO. 360/2024 DATED 18/5/2024 OFTRIKKUNNAPUZHA POLICE STATION |
Exhibit P6Exhibit P7 |
TRUE COPY OF THE COMMUNICATION DATED 7.3.2024 ISSUED BYTHE SPECIAL TAHASILDAR (LR) TRAVANCORE DEVASWOM BOARDTRUE COPY OF THE REQUEST DATED 18/6/2024 PREFERREDBEFORE THE 3RD RESPONDENT |
Exhibit P8 |
TRUE COPY OF THE A REGISTER- SINGLE DATA ISSUED BY THEVILLAGE OFFICER, KARTHIKAPALLY, ALONG WITH TYPED COPY |
Exhibit P12 |
True copy of the receipt dated 12/5/2024 ofTrikkunnapuzha Police Station |
Exhibit P10 |
True copy of the relevent portions of the CounterAffidavit without exhibits, filed by the 7th respondentin Writ Petition No. 30586 of 2023 |
Exhibit P9 |
True copy of the relevant portion of the Writ PetitionNo. 30586/2023 |
Exhibit P11ExhibitP10(a) |
True copy of the handwritten complaint dated 12/5/2024The relevant portion of the Settlement Register of theyear 1905, issued by the Supdt. Central Archives,Trivandrum |
RESPONDENT EX |
HIBITS |
EXHIBIT.R5(c1) |
True copy of the receipt No. 11/2024 dated 22/05/2024against complaint dated 18/05/2024 by the 5threspondent before the 3rd respondent. |
EXHIBIT.R5(c) |
True copy of the complaint dated 18/05/2024 by the 5threspondent before the 3rd respondent. |
EXHIBIT.R5(a) |
True copy of the original photographs showing theVilakkuanpoli Ceremony Conducted by the The originalphotograph showing the Vilakkuanpoli Ceremony conductedby the worshipers of the temple associated with theyearly Parayeduppu of the temple in the disputedproperty of this case previous to the construction ofcompound wall. |
EXHIBIT.R5(b)SSK |
True copy the statement of the petitioner contained inpage No.06 to 07, paragraph o6 of the Writ Petition No.41677/2023//TRUE COPY// PA TO JUDGE |
1 issue framed by the court
Whether further directions should be issued to the police when a Division Bench judgment already directed the Station House Officer to deal with the petitioner's application in accordance with law.
S.Krishnamoorthy
State of Kerala, Department of Home Affairs
Deputy Superintendent of Police Kayamkulam
C.I. of Police/Station House Officer, Thrikkunnapuzha Police Station
Travancore Devaswom Board
Temple Advisory Committee, Velyakulagara Devi Temple
V.G.Arun
As recorded by the court registry
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