Compensation through public law remedy is applicable only in cases of gross and patent infringement of fundamental rights, and disputed facts should be resolved through civil courts.

N. ANIL KUMAR, J.

1. Petitioner has filed this writ petition seeking the following reliefs:-

“1. To issue a writ in the nature of Mandamus commanding the respondents to pay a sum of Rs. 2 lakhs to the petitioner either jointly or severally for the physical injury suffered by the petitioner and the mental agony she went through upon the police atrocity committed at Pamba Ganapati Temple on 17.10.2018.

2. To issue writ, directions or orders directing the Ombudsman Travancore Devaswom Board, to conduct an enquiry into the police actions on the evening hours on 17.10.2018 at the premises of Pamba Ganapathy Temple.

3. Such other reliefs deem fit on facts and in the interest of justice.

4. To issue writs, orders or directions to declare that all actions took by the 1st and 2nd respondent or through their Subordinate Officers in gross violation of the binding mandates issued by the Hon'ble Supreme Court in 2009(5) SCC 212 and followed by Koshy Jacob v. Union of India and others in W.P(C) NO.55/2017 is declared to illegal, null and void non-est as against the petitioner in Crime No.259 of 2018, of Pamba Police Station.”

2. The facts in brief are stated herein below:-

Smt. Sarojam Surendran, aged 55 years claims that she is an ardent devotee of Lord Ayyappa and so are the rest of his family members. Her husband had visited the Sabarimala Temple situated at the mystic hills of Sabarimala, several times during his life. The popular shrine, which is opened for just 128 days each year, is visited by tens and thousands of pilgrims annually. From the Pamba river basin, pilgrims must trek 5 kms. through a steep forest path to reach the temple perched atop the 'Periyar Tiger Reserve'. The shrine opens for the 41 days Mandala Pooja every year. On 17.10.2018, when the Sabarimala temple, which is the abode of Lord Ayyappa, opened for the poojas, the petitioner, her husband and a group of other devotees, reached Pamba, which is the holy river at the foothills of Sabarimala at around 2.30 p.m. They saw various bhajan groups of devotees at various places of Pamba chanting bhajans. The petitioner along with her husband walked in and around the Pamba Ganapathy temple as the shores of Pamba had been ravished by the devastating floods in Kerala. After that, they sat on a cement pavement situated at least ten feet away from the road which led to the starting point of trekking path towards the Sabarimala shrine. At about 5 O'clock in the evening, suddenly, several dozens of Policemen arrived at that spot and the Police without prior notice charged with lathis against the devotees, who were chanting bhajans. The petitioner could not resist the Police outrage and she was forcefully thrown into a Police vehicle by a policeman. When she was hit on her forehead with stones pelted by the policemen, she collapsed on the cement floor near the police van. The Police tried to pull and drag the petitioner to the Police vehicle, which however ended up in her sustaining other injuries. According to the petitioner, entire incident was masterminded by the Police to create a breach of law and order to justify invocation of power under Section 144 Cr.P.C. on the following days by the Government. The petitioner was taken to the Pamba Government Hospital and was given her primary treatment, where she had to cry aloud for a drop of water for her basic needs. The toilet was without water supply. Thus, it is alleged that the State is liable for the physical injury and the mental agony suffered by the petitioner, as the State has a duty and responsibility to curb, control and keep the police to its permissible limits. Quantifying the loss sustained to her due to the fall and injuries inflicted as a result of police atrocities at Rupees Two lakhs and for the mental agony she had suffered and continues to suffer, an amount of Rupees One lakh more is claimed. Petitioner also filed Ext.P3 request to the Ombudsman seeking to enquire into the Police actions on 17.10.2018 at the pr