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Mohanan P

High Court Of Kerala|06 June, 2014
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JUDGMENT / ORDER

Manjula Chellur, C.J.
Petitioners are before this Court seeking the following reliefs:
“a) issue a writ of mandamus or any other appropriate writ, order, or direction to the respondents 3 and 4 not to harass the petitioners at the instance of respondents 1 and 2, by calling them into police station and compelling them to agree for the illegal demands made by the respondents 1 and 2.
b) issue a writ of mandamus or any other appropriate writ, order, or direction to the respondents 3 and 4 not to intervene in the civil dispute between parties in O.S. No.485 of 2012 pending before Munsiff Court, Kannur.
c) issue such other and further writ order or direction which this Hon'ble Court may be pleased to issue in the facts and circumstances of the case, and
d) award the petitioner his cost in the W.P.(C) from the contesting respondents.”
2. The brief facts that led to the filing of this writ petition as narrated in the petition are as under.
According to petitioners, they are family members who are entitled to manage 'Sree Vadakayil Bhagavathi Kshethram' and respondents 1 and 2, who are totally alien to the petitioners' family, are trying to interfere claiming rights over the maintenance of the temple. Suit, O.S. No.485 of 2012 is pending before Munsiff's Court, Kannur. According to petitioners, respondents 1 and 2 collected huge amounts from public in the name of temple and misappropriated the fund. They intended to re-install the idol as an eyewash so far as misappropriation is concerned. This is objected to by petitioners' family and therefore, dispute arose between family members. At the instance of 2nd respondent and others, 3rd respondent, Deputy Superintendent of Police is harassing them and threatening with dire consequences. Therefore, they are before this Court.
3. Submission of petitioners' counsel is to the effect that in spite of civil dispute being pending, 3rd respondent tried to interfere with the civil rights of parties and petitioners were summoned to Police Station again and again. Therefore, they had to approach this Court. However, subsequent to filing of writ petition, said harassment has stopped.
4. According to learned State Attorney, on account of the strained relationship between parties, claiming rights over the management of the temple, law and order problem has arisen, therefore, proceedings under Section 145 Cr.P.C. has been initiated on 22.05.2014 itself. Now the matter is pending before the Revenue Divisional Officer concerned who has to enquire into the matter and do the needful for maintenance of law and order.
In the light of above observations and reasoning, we are of the opinion, no specific or positive direction need be issued in the matter. Accordingly, the Writ Petition is closed.
Manjula Chellur, Chief Justice.
P.R. Ramachandra Menon, Judge.
ttb/06/06
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Title

Mohanan P

Court

High Court Of Kerala

JudgmentDate
06 June, 2014
Judges
  • Manjula Chellur
  • P R Ramachandra Menon