Kerala High Court
Vinod K vs The Travancore Devaswom Board on 5 September, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
2024:KER:68695
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA,
1946
W.P.(C) NO. 28292 OF 2024
PETITIONER:
VINOD K.,
AGED 51 YEARS,
S/O. KUMARAN ACHARY SREE DURGA, PATHIYOOR EAST,
KEERIKKAD PO, ALAPPUZHA, PIN - 690508.
BY ADVS.
SADCHITH.P.KURUP
C.P.ANIL RAJ
SIVA SURESH
B.SREEDEVI
ATHIRA VIJAYAN
RESPONDENTS:
1 THE TRAVANCORE DEVASWOM BOARD
REP. BY ITS SECRETARY, DEVASWOM BOARD OFFICE,
NANTHANCODE THIRUVANANTHAPURAM, PIN - 695003.
2024:KER:68695
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W.P.(C) No.28292 of 2024
2 THE SPECIAL TAHSILDAR
LAND CONSERVANCY) TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003.
3 THE VILLAGE OFFICER,
PATHIYOOR VILLAGE OFFICE, PATHIYOOR,
PIN - 690106.
4 SREEMANKULANGARA DEVASWOM ,
REP. BY ITS SECRETARY, PATHIYOOR VILLAGE,
KEERIKKAD PO KARTHIKAPPILLY, PIN - 690508.
5 THE STATION HOUSE OFFICER,
KAREELAKULANGARA POLICE STATION ALAPPUZHA,
PIN - 690513.
R1 BY SRI G BIJU, SC, TDB
R2, R3 & R5 BY SRI RAJMOHAN S, SR GP
R4 BY ADVS.
VINOD KUMAR P
PARVATHI VENUGOPAL
ASHOK AMMANCHY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 05.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:68695
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W.P.(C) No.28292 of 2024
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C) No.28292 of 2024
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Dated this the 5th day of September, 2024
JUDGMENT
P.G.Ajithkumar, J.
The petitioner is a devotee of Major Pathiyoor Sree Durga Devi Temple, which is one under the management of the Travancore Devaswom Board. The Temple has one acre and 56 cents of land. The 4th respondent trespassed upon 6.60 cents from the said property, which is comprised in Sy.Nos.5134 and 5137 (re-survey Nos.578/5 and 578/6 in BLock No.21) of Pathiyoor Village and reduced into its possession. Another person has trespassed upon 4 cents of property belonging to the Temple. The 2nd respondent issued Ext.P1 order as early as on 17.12.2010 under the Kerala Land Conservancy Act, 1957 for the retrieval of the property in the possession of the 4th respondent. No action followed for the repossession of the property. W.P.(C) 2024:KER:68695 4 W.P.(C) No.28292 of 2024 No.2568 of 2019 was filed earlier for a direction to take necessary steps to retrieve possession of the property trespassed upon. As per Ext.P3 judgment the said writ petition was disposed of directing that the issues had to be decided by the civil court. O.S.No.336 of 2018 filed by the 4th respondent in respect of the property in dispute was dismissed. However, no further action was taken by respondent Nos.1 to 3. Therefore, the petitioner was constrained to file this writ petition seeking a writ of mandamus directing respondent Nos.1 to 3 to take follow up action in terms of Exts.P1 and P2 corrigendum. A further relief sought is to direct the 5th respondent-Station House Officer to maintain law and order.
2. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Travancore Devaswom Board, the learned Senior Government Pleader and the learned counsel for the 4th respondent.
2024:KER:68695 5 W.P.(C) No.28292 of 2024
3. Ext.P3 is the judgment in W.P.(C) No.2568 of 2019. Similar reliefs in respect of the property in dispute were claimed in the said writ petition. Noticing that a civil suit was pending before the competent civil court concerning the matter in issue, this Court closed that writ petition, without prejudice to the rights and liberties of the parties to pursue the proceedings before the civil court.
4. As per Ext.P4 judgment the said civil suit, O.S.No.336 of 2018, was dismissed. The learned Standing Counsel for the Travancore Devaswom Board would submit that an appeal filed against Ext.P4 judgment is pending before the Additional District Court, Mavelikkara as A.S.No.44 of 2023. It is also submitted that another suit, O.S.No.414 of 2018, filed by the person who allegedly trespassed upon 4 cents of property belonging to the Temple is pending consideration of the Munsiff's Court, Kayamkulam. The dispute concerning right over the properties is pending consideration of the competent civil 2024:KER:68695 6 W.P.(C) No.28292 of 2024 courts. Therefore, the matter cannot be decided in this writ petition. The observations of this Court in Ext.P3 judgment is quite relevant now as well.
5. In the circumstances, this writ petition is disposed of leaving the parties to pursue their claims before the civil courts, where the aforementioned proceedings are pending.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE dkr 2024:KER:68695 7 W.P.(C) No.28292 of 2024 APPENDIX OF WP(C) 28292/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER NO A1
-232/09DATED 17.12.2010 IN THE NAME OF THE 4TH RESPONDENT EXHIBIT P2 A TRUE COPY OF CORRIGENDUM OF ORDER NO A1-232/09 DATED 11.1.2011 ISSUED BY 2ND RESPONDENT EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 19.3.2019 IN WPC NO. 2568/2019 EXHIBIT P4 A TRUE COPY OF THE JUDGMENT O.S.NO.
NO. 336/2018 BEFORE THE MUNSIFF'S COURT, KAYAMKULAM DATED 27.10.2022 EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 5.8.2024 GIVEN BY THE PETITIONER