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2022 Supreme(Online)(KER) 12309

HIGH COURT OF KERALA
,
KUDAMON MUDIPPURA VAYAL KUDIYIRUTHU DEVIKSHETHRA TRUST – Appellant
Versus
THE DISTRICT POLICE CHIEF (RURAL) – Respondent
WP(C)/13169/2022



Advocates:
SRI.T.K.SHAJAHAN, SR GP

Authorities are compelled to provide police protection for public events if circumstances necessitate it, ensuring public safety as per legislative provisions.

Headnote:

Protection - Writ Petition - Kerala Police Act 2011 - Section 39 - Summary of court deliberation on police protection for festival events and legal obligations of authorities.

Fact of the Case:

The petitioner sought police protection for a festival scheduled between April 9-15, 2022, after previous disruptions. The court noted the request for protection and concluded to close the writ petition based on the submitted reasons.

Finding of the Court:

The court considered the provided evidence regarding disruptions due to weather and allowed the petitioner's request for police protection, acknowledging the authority's duty to maintain public order during festivals.

Issues: Whether the authorities were obligated to provide police protection for the conduct of the festival, and the legal adequacy of the petitioner's submissions.

Ratio Decidendi: The court highlighted the necessity for police protection during public events under the Kerala Police Act, confirming the legal responsibilities of the police to ensure safety.

Final Decision: The writ petition was closed with a record of the affidavit and granted police protection.

JUDGMENT

Dated this the 22 nd day of June, 2022 This writ petition is filed seeking directions to respondents 1 to 3 to afford adequate protection for the conduct of a festival from 9.4.2022 to 15.4.2022. Thereafter, the petitioner had filed I.A.No.3/2022 seeking police protection for the conduct of the festival from 7.5.2022 to 13.5.2022 and this Court had granted protection as per order dated 6.5.2022. It is submitted that the festival could not be conducted on the said date since it was disrupted by the summer showers. It is submitted that Exts.P38 to P40 documents would show this fact.

I.A. No.6/2022 is filed by the petitioner seeking to record the reasons stated in the affidavit and to close the writ petition. The prayer is, therefore, allowed. Exts.P38 to P40 are received on record. The writ petition is, accordingly, closed recording the affidavit filed along with I.A. No.6/2022.

Sd/- ANU SIVARAMAN JUDGE Jvt/23.6.2022 APPENDIX OF WP(C) 13169/2022 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTO COPY OF THE CERTIFIED COPY FROM THE REGISTRAR'S OFFICE OF SALE DEED NO.3754/2004 SRO ATTINGAL IN FAVOUR OF KODUMON MUDIPURA VAYAL DEVI TEMPLE Exhibit P2 TRUE PHOTO COPY OF THE TRUST DEED OF THE PETITIONER TRUST "KUDAMON MUDIPPURA VAYAL KUDIYIRUTHU DEVIKSHETRA TRUST" DT 05.10.2020 (DEED NO.30/2020)

Exhibit P3 TRUE PHOTO COPY OF THE SALE DEED NO. 1296/2021 SRO ATTINGAL DT 02.08.2021 IN FAVOUR OF THE PETITIONER TRUST Exhibit P4 TRUE PHOTO COPY OF THE PUBLIC NOTICE OF THE EARLIER PROPOSED KUDIYIRUTHU MAHOTSAVAM OF THE KUDAMON MUDIPPURA DEVI TO BE CONDUCTED BY THE PETITIONER TRUST FROM 19.03.2022 TO 25.03.2022, AT THE EXT P1 KALINALPARA VAYAL Exhibit P5 TRUE PHOTO COPY OF THE REQUEST DT 17.03.2022 SUBMITTED BY THE KUDAMON KARSHAKA SAMITHI, KODUMON, ATTINGAL, TO THE PETITIONER TRUST, REQUESTING TO POSTPONE THE KUDIYIRUTHU FESTIVAL PROPOSED TO START ON 19.03.2022 Exhibit P6 TRUE PHOTO COPY OF THE 14TH RESPONDENT'S TRUST DEED NO. 132/2019 DT 03.10.2019 Exhibit P7 TRUE PHOTO COPY OF THE LETTER DT 20.12.2021 SENT BY THE PETITIONER TRUST TO THE 14TH RESPONDENT PRIVATE FAMILY TRUST Exhibit P8 TRUE PHOTO COPY OF THE REMINDER LETTER DT 11.01.2022 BY THE PETITIONER PUBLIC TRUST TO THE 14TH RESPONDENT PRIVATE FAMILY TRUST Exhibit P9 TRUE PHOTO COPY OF THE PLAINT FILED BY THE 14TH RESPONDENT PRIVATE TRUST IN OS NO.27/2022 BEFORE HON'BLE MUNSIFF'S COURT, ATTINGAL Exhibit P10 TRUE PHOTO COPY OF THE PLAINT FILED BY THE PETITIONER HEREIN AS OS NO.33/2022 BEFORE THE HON'BLE MUNSIFF'S COURT, ATTINGAL Exhibit P11 TRUE PHOTO COPY OF THE COMMON ORDER DT 25.02.2022 IN IA NO. 1/2022 IN OS NO.27/2022 AND IN IA NO. 1/2022 IN OS NO.33/2022, OF THE HON'BLE MUNSIFF'S COURT,ATTINGAL Exhibit P12 TRUE PHOTO COPY OF THE ADVOCATE COMMISSIONER'S REPORT IN MARCH 2022 FILED IN OS NO.33/2022 BEFORE THE HON'BLE MUNSIFF'S COURT, ATTINGAL Exhibit P13 TRUE PHOTO COPY OF THE REPRESENTATION DT 14.03.2022 SUBMITTED BY THE PETITIONER PUBLIC TRUST SEEKING FACILITY AND PROTECTION FOR THE SMOOTH CONDUCT OF THE FESTIVAL BEFORE THE DISTRICT COLLECTOR, TRIVANDRUM ALONG WITH THE COPY OF THE RECEIPT DT 14.03.2022 ISSUED FROM THE DISTRICT COLLECTOR'S OFFICE APPENDED THERETO Exhibit P14 TRUE PHOTO COPY OF THE REPRESENTATION DT 14.03.2022 SUBMITTED BY THE PETITIONER SEEKING FACILITY AND PROTECTION FOR THE SMOOTH CONDUCT OF THE FESTIVAL BEFORE THE 1ST RESPONDENT HEREIN ALONG WITH THE COPY OF THE RECEIPT DT 14.03.2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT APPENDED THERETO Exhibit P15 TRUE PHOTO COPY OF THE RELEVANT PORTION OF WP(C)

NO.8618/2022 DT 14.03.2022 FILED BY THE 14TH RESPONDENT HEREIN AS PETITIONER BEFORE THIS HON'BLE COURT Exhibit P16 TRUE PHOTO COPY OF THE INTERIM ORDER DT 15.03.2022 IN WP(C) NO.8618/2022 OF THE HON'BLE HIGH COURT OF KERALA Exhibit P17 TRUE PHOTO COPY OF THE RELEVANT PORTIONS OF THE COUNTER AFFIDAVIT DT 20.03.2022 FILED BY RESPONDENTS 4 TO 8 IN WP(C) NO.8618/2022 BEFORE THE HON'BLE HIGH COURT OF KERALA Exhibit P18 TRUE PHOTO COPY OF THE JUDGMENT DT 28.03.2022 IN WP(C) N

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