PADMANABHAN Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THE petitioners have come to this Court with this petition seeking issue of directions under Art.226 of the Constitution to respondents 1 to 3 - police officials, to afford police protection to the petitioners for the peaceful and unobstructed running of Puthusseril Siva Temple against culpable, contumacious, illegal and violent acts of respondents 4 and 5.

(2.) THE temple in question admittedly belonged to the mother of the 1st petitioner. THE mother of the 1st petitioner executed a settlement deed i.e., Ext.P1. THE 1st petitioner herein and two other siblings of the 1st petitioner are the beneficiaries of that document. THE temple, belonging to the mother of the 1st petitioner, it is stipulated, is to be managed by the 1st petitioner along with the co-operation of the family members. It is submitted that in Ext.P1 there is no stipulation as to what is to take place after the death of the 1st petitioner.

(3.) WE shall carefully avoid any expression of opinion on the validity of the objections raised by respondents 4 and 5 or the correctness of the action of the 1st petitioner in constituting a Society with members other than the family members to manage the affairs of the Society. WE need only mention that this is a civil dispute where the police cannot decide the dispute. That civil dispute must be decided and resolved by initiating appropriate proceedings before the civil court. Whether the recitals in Ext.P1 authorise and justify the constitution of a Society to manage the affairs of the temple during the life time of the 1st petitioner is certainly a question which has to be resolved in appropriate proceedings before the civil court.