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HIGH COURT OF KERALA
ALEXANDER THOMAS, J
N S S KARAYOGAM BRANCH NO – Appellant
Versus
CHIRAYIL KUDUMBA KSHETHRA YOGAM TRUST – Respondent
J U D G M E N T
The main prayer in this Original Petition (Civil) filed under the enabling provisions contained in Art.227 of the Constitution of India is as follows:
“issue an order setting aside Ext.P-4 order and allowing Ext.P-3 application.”
2. Heard Sri.K.S.Hariharaputhran, learned counsel appearing for the petitioner and Sri.P.B.Krishnan, learned counsel appearing for the 1st respondent. Though notice has been duly served on the other respondents, those parties have not entered appearance.
3. Sri.K.S.Hariharaputhran, learned counsel appearing for the petitioner submits on the basis of the instructions of his party that the petitioner is not pressing for any other prayers in this O.P(C). and the limited prayer now sought to be made by the petitioner from this Court is only for a direction from this Court to ensure the appointment of an Advocate commissioner for effectuating the smooth and effective conduct of the festival, which is ordinarily held in the second week of March, 2018.
4. It is pointed out that now the petitioner has filed I.A.No.250/2018 before this Court along with accompanying affidavit dated
7.2.2018 and the prayer in the said I.A. is as follows:
“.....to appoint an
The court reinforced that the trial court must manage the conditions of festival conduct, especially after previous violations, emphasizing the importance of effective oversight.
The custom of celebrating the temple festival annually and the use of Mandamus to ensure peaceful conduct.
Enforcement of previous settlement in a suit and the role of the RDO in making decisions based on it.
The right of every community to worship at a temple and the prohibition of deliberate suppression of necessary parties.
The court has the authority to direct the consideration of representations for police protection for public events, based on relevant official circulars.
The court can issue a mandamus directing the implementation of an order for temple management, based on the limited request and assurance of implementation by the respondents.
Emphasis on resolving the issue before the competent authority and timely conclusion of 107 Cr.P.C. Proceedings.
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