K.K. SANTHA Vs. THE DISTRICT MAGISTRATE, WAYANAD

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging Ext. P7 order issued by the District Magistrate invoking the power under section 144 Cr.P.C. By the said order the District Magistrate prohibited the enshrining ceremony and festival of Thoduvetty Sree Bhagavathy Kudumbakshetram Temple managed by the Thoduvetty Kudumbakshetram Trust with a direction to the District Police Chief, Wayanad to implement the prohibitory order. The learned counsel for the petitioner submits that the said order has not been extended further, which is confirmed by the learned Government Pleader.

(2.) ACCORDING to the petitioner, the petitioner belongs to Hindu Vishwakarama community. She is a widow. She is having a family temple namely; Thoduvetty Sree Bhagavathy Kudumbakshetram along with her house. She is an oracle ( ). Various other details have been stated in paragraph 1 of the writ petition. It is submitted that the place thronged by devotees every day. The temple was existing for a period of more than 27 years. Once in a year a festival and special pooja are conducted. For that purpose lot of devotees from various parts of the district are participating. A Trust has also been registered and Ext. P3 is the copy of the deed.

(3.) PROVISIONS of section 144(2) Cr.P.C. show that the order will be in force for a period of two months. Proviso confers power on the Government to extend the period. In this case nothing of that sort has happened. In the light of the above, the petitioner can move the District Collector and District Magistrate pointing out the change of circumstances, who will get appropriate reports from the Revenue authorities as well as from respondents 3 to 6 and appropriate decision will be taken, in accordance with law, after hearing the petitioner and respondents 7 and 8.