All Kerala Hindu Harijan ... vs Estate Officer And Additional ...
2021 Latest Caselaw 20658 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
      TUESDAY, THE 5TH DAY OF OCTOBER 2021 / 13TH ASWINA, 1943
                          OP(C) NO. 1725 OF 2021
  AGAINST THE ORDER/JUDGMENT IN CMA 31/2021 OF ADDITIONAL SESSIONS
                 COURT (SPECIAL COURT), KOTTAYAM, KOTTAYAM
PETITIONER/S:

           ALL KERALA HINDU HARIJAN ARUNTHATHIYAR SAMUTHAYA SANGAM
           KOTTAYAM, REPRESENTED BY ITS GENERAL SECRETARY, SRI. V.M.
           MANI, AGED 66 YEARS, S/O. VELANDI, NETHAJI JAGAR,
           COLLECTORATE P.O, KOTTAYAM, PIN - 686002.

           BY ADVS.
           M.V.THAMBAN
           R.REJI
           THARA THAMBAN
           B.BIPIN
           ARUN BOSE
           SUNEESH KUMAR R.



RESPONDENT/S:

           ESTATE OFFICER AND ADDITIONAL DIVISIONAL RAILWAY MANAGER
           SOUTHERN RAILWAY, THIRUVANANTHAPURAM, PIN - 695014.


OTHER PRESENT:

           SC FOR RAILWAYS A.DINESH RAO




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1725 OF 2021
                                       2




                           JUDGMENT

Dated this the 5th day of October, 2021

The petitioner is the appellant in CMA No. 31/2021

pending on the files of Additional District Court-II,

Kottayam. The appeal is filed under Section 9(1) of the

Public Premises (Eviction of Unauthorised Occupants) Act,

1971 (for short, 'the Act') against Exhibit P1 order of the

Estate Officer, Southern Railway, Thiruvanathapuram

requiring the petitioner to dismantle the 'Sree

Kaliyamman Devi Temple' and to remove the debris from

the premises. The reason for issuing notice is that the

Sree Kaliyamman Devi Temple is situated in Railway land

and has to be removed for doubling the railway lines

between Chingavanam and Kottayam Railway Stations.

2. The learned counsel for the petitioner

submitted that, even though the CMA has been filed

along with an interlocutory application seeking stay of all OP(C) NO. 1725 OF 2021

further proceedings pursuant to Exhibit P1, orders are not

being passed on the interlocutory application. The

learned counsel expresses an apprehension that,

pending the CMA, the Railway establishment may

demolish the temple. It is submitted that large number of

devotees are worshiping the idol in the temple and

demolition of the temple will hurt the religious sentiments

of the devotees. Referring to Section 5B of the Act, it is

contended that Exhibit P1 notice is ex facie illegal. It is

prayed that the appellate court may be directed to pass

expeditious orders on the interlocutory application in

C.M.A.No.31 of 2021 and till such time, further

proceedings pursuant to Exhibit P1 may be stayed.

3. The learned standing counsel submitted that the

respondent has no objection in the C.M.A being

considered expeditiously, but this Court may not grant

any interim order. It is submitted that doubling work

between Ettumanoor and Chingavanam is targetted to be OP(C) NO. 1725 OF 2021

completed by December, 2021 and existence of the

temple in Railway land is creating hurdles to the work.

4. Having heard the learned counsel on either side, I

am of the considered opinion that the petitioner should

pursue the statutory remedy of appeal. The only relief

that can be granted is to direct the appellate court to

pass expeditious orders on the appeal or the interlocutory

application, as the case may be.

In the result, this original petition is disposed of,

directing the Additional District Court-II, Kottayam to pass

orders in CMA.No.31 of 2021 or I.A.No.1 of 2021, on the

next posting date, i.e., 07.10.2021, or within an outer

limit of 10 days thereafter.

Sd/-

V.G.ARUN JUDGE

LU OP(C) NO. 1725 OF 2021

APPENDIX OF OP(C) 1725/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER DATED 16.09.2021 BEARING NO. V/W.277/PPE/2021/06/KTYM ISSUED BY THE RESPONDENT.

Exhibit P2 TRUE COPY OF THE MEMORANDUM OF CMA NO.31/2021 ON THE FILES OF THE HON'BLE ADDITIONAL DISTRICT JUDGE-II, KOTTAYAM.

Exhibit P3 TRUE COPY OF THE IA NO.1/2021 IN CMA NO.31/2021 ON THE FILES OF THE HON'BLE ADDITIONAL DISTRICT JUDGE - II, KOTTAYAM.

Exhibit P4 TRUE COPY OF THE RECEIPTS SHOWING THE PAYMENT OF ELECTRICITY CHARGES IN THE NAME OF THE PETITIONER DATED 20.11.2019.

Exhibit P5 TRUE COPY OF THE WATER BILL IN THE NAME OF THE PETITIONER DATED 18.10.2019.

Exhibit P6 TRUE COPY OF THE PHOTOGRAPHS OF THE PETITIONER'S TEMPLE.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 11.09.2007 IN WP(C) N O. 24860/2007 OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF THE LETTER NO. E3-15713/2007 DATED 06.12.2008 OF THE DISTRICT COLLECTOR, KOTTAYAM.