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2024 Supreme(Online)(Ker) 63046

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SAJIKUMAR S – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
WP(C) 9757/2024



IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 WP(C) NO. 9757 OF 2024 PETITIONERS:

1 SAJIKUMAR S AGED 48 YEARS, S/O SATHYADEVAN, SATHYAVILASAM, PULLAYIL, P.O.PULLAYIL, KILIMANUR, THIRUVANANTHAPURAM DISTRICT - 695601

2 ANIL KUMAR R AGED 44 YEARS, S/O RAGHAVAN, VAYALVARAM HOUSE, PULLAYIL , P.O.PULLAYIL, KILIMANUR, THIRUVANANTHAPURAM DISTRICT - 695601

3 SREEKUMAR P.V AGED 60 YEARS, S/O VASUDEVAN, SREEKRIPA, PULLAYIL , P.O.PULLAYIL, KILIMANUR, THIRUVANANTHAPURAM DISTRICT., PIN - 695601 BY ADVS.

O.V.MANIPRASAD JOSE ANTONY HARIKRISHNAN P.

RESPONDENTS:

1 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM DISTRICT, COLLECTRATE, THIRUVANANTHAPURAM., PIN - 695001

2 THE STATION HOUSE OFFICER KILIMANOOR POLICE STATION, KILIMANOOR P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695601 3 PARAYKODE DEVI TEMPLE AND MADAN KAVU TEMPLE TRUST, NO. 222/19, PULLAYIL P.O, KILIMANUR VIA, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS PRESIDENT M.VIBINACHANDRAN K, PULLAYIL P.O, KILIMANUR, THIRUVANANTHAPURAM DISTRICT, PIN - 695601

4 SHAJI G SECRETARY, PARAYKODE DEVI TEMPLE AND MADAN KAVU TEMPLE TRUST, NO. 222/19, PULLAYIL P.O , KILIMANUR VIA, THIRUVANANTHAPURAM DISTRICT., PIN - 695601

5 PULLAYIL PARAYKODE DEVI TEMPLE AND MADAN KAVU TEMPLE COMMITTEE REPRESENTED BY ITS PRESIDENT M. CHANDRA BABU, VISMAYAM, VADASSERRYKONAM P.O, VARKALA TALUK, THIRUVANANTHAPURAM DISTRICT - 695143

6 SARATH BABU L SECRETARY, PULLAYIL PARAYKODE DEVI KSHETRAM AND MADAN KAVU TEMPLE COMMITTEE, KIZHAKKENILATH VEEDU, NEDUMANCONNNAM, PULIMATHU P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695143

7 ANILKUMAR. D ADVOCATE, SHAILAJ, VILABHAGAM, VETTOOR P.O, VARKKALA, THIRUVANANTHAPURAM DISTRICT., PIN - 695312 BY ADVS.

SALIL NARAYANAN K.A.

R.S.KALKURA M.S.KALESH(K/109/1997)

HARISH GOPINATH(K/232/1999)

P.I.NAJUMAL HUSSAIN(K/153/2015)

SILPA S.(K/951/2017)

SUNIL KUMAR KURIAKOSE - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners are stated to be devotees of the “Paraykode Devi Temple” and “Madan Kavu”, and they say that both these are situated next to their house. They allege that respondents 3 and 4 on one side, and respondents 5 to 7 on the other, are factions within the management of the said Temples; and that they are attempting to conduct a Festival violating all the ritualistic traditions and incorporating ones which are anathema to the religious beliefs; and further that both of them have even obtained mike permissions independent of each other from the competent Authorities and are, therefore, likely to be on a collision path, when the festivals are taken forward.

2. The petitioners, therefore, pray that respondents 1 and 2 be directed to take immediate actions to “ensure that respondents 3 to 7 do not conduct any programme in connection with the annual festival” and that “only those rituals in connection with it are undertaken in the temple” (sic). They also pray that the 1st respondent be directed to take up Ext.P4 complaint preferred by him and prevent respondents 3 to 7 from committing any action which would not behoove the sanctity of the Temples, and would lead to law and order issues.

3. In response, Sri.R.S.Kalkura – learned counsel appearing for respondent Nos. 5 to 7, submitted that the petitioners have no locus to have filed this writ petition and that they, in fact, are acting with confutative interests. He argued that the Temples are family ones, in which, rituals are determined by the Tantri, in consultation with the persons in charge; and that all imputations have been made for questionable reasons. He added that, in any event, these are not matters into which respondents 1 and 2 can involve; particularly because he undertakes before this Court, on behalf of his clients, that there would be no law and order violation or no untoward instances as has been asserted by the petitioner.

4. Sri.K.A.Salil Narayanan ap

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