Eramallikkara Sree Dharma Sastha ... vs The District Collector
2021 Latest Caselaw 19660 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
 FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                   WP(C) NO. 19444 OF 2021
PETITIONER:

          ERAMALLIKKARA SREE DHARMA SASTHA TEMPLE ADVISORY
          COMMITTEE,
          REPRESENTED BY ITS PRESIDENT, SUPRAKASH G, AGED 55
          YEARS, AMBIRETH HOUSE, ERAMALLIKKARA P.O,
          THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK,
          ALAPPUZHA DISTRICT PIN 689 109

          BY ADVS.
          JACOB P.ALEX
          JOSEPH P.ALEX
          MANU SANKAR P.



RESPONDENTS:

    1    THE DISTRICT COLLECTOR,
         OFFICE OF THE DISTRICT COLLECTOR, CIVIL STATION,
         ALAPPUZHA PIN 689 126

    2    DISTRICT SURVEY SUPERINTENDENT
         ALAPPUZHA, CIVIL STATION, ALAPPUZHA, PIN 689 126

    3    THASILDAR-CHENGANNOOR
         TALUK OFFICE, CHENGANNOOR, ALAPPUZHA, PIN 689 121

    4    VILLAGE OFFICER-THIRUVANVANDOOR
         VILLAGE, THIRUVANVANDOOR, CHENGANNOOR, ALAPPUZHA
         PIN 689 109

    5    SUNIL KUMAR
         AGED 46 YEARS
         S/O. LATE GOVINDAN, PALOORTHUNDIYIL HOUSE, ,
         ERAMALLIKKARA P.O, THIRUVANVANDOOR VILLAGE,
         CHENGANNUR TALUK, ALAPPUZHA DISTRICT PIN 689 109

    6    PRASEETHA SUNIL
         AGED 42 YEARS
         W/O. SUNIL, PALOORTHUNDIYIL HOUSE, ERAMALLIKKARA
         P.O, THIRUVANVANDOOR VILLAGE, CHENGANNUR TALUK,
 WP(C) NO. 19444 OF 2021          2

          ALAPPUZHA DISTRICT PIN 689 109



          Sri Aswin Sethumadhavan Sr GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 19444 OF 2021                   3

                                   JUDGMENT

The petitioner, which is stated to a Temple

Advisory Committee, has approached this Court

seeking that their statutory revision, namely

Ext.P3, filed under Section 13A of the Kerala

Survey and Boundaries Act, pending before the 1st

respondent - District Collector, be directed to be

taken up and disposed of within a time frame to be

fixed by this Court.

2. The learned Senior Government Pleader,

Shri.Aswin Sethumadhavan, submitted that there is

no legal impediment in Ext.P3 Revision Petition

being taken up and disposed of by the 1 st

respondent; but prayed that this Court may not

make any affirmative declarations on the

entitlement of the petitioner to any relief and

leave it to be appositely decided by the afore

Authority, in terms of law.

Taking note of the above submissions, I allow

this writ petition and direct the 1st respondent to

take up Ext.P3 statutory Revision of the

petitioner and dispose it of, after hearing them

and as also respondents 5 and 6; thus culminating

in an appropriate order thereon, as expeditiously

as is possible, but not later than three months

from the date of receipt of a copy of this

judgment.

Needless to say, since this Court has not

issued summons to respondents 5 and 6, the afore

exercise shall be completed by the 1st respondent

only after notifying them appropriately and after

assessing their versions properly.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/24.9

APPENDIX OF WP(C) 19444/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN IS NO.210 OF 2015 ON THE FILES OF MUNSIFF'S COURT, CHENGANNOOR.

Exhibit P2 TRUE COPY OF THE PLAINT IN IS NO.13 OF 2020 ON THE FILES OF MUNSIFF'S COURT, CHENGANNOOR.

Exhibit P3 TRUE COPY OF THE REVISION PETITION DATED 03.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.