Kerala High Court
Perunninakulam Kshethra ... vs Cochin Devaswom Board on 10 February, 2023
WP(C) No.12821/2020 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 10th day of February 2023 / 21st Magha, 1944
WP(C) NO. 12821 OF 2020(C)
PETITIONER:
PERUNNINAKULAM KSHETHRA UPADESAKA SAMITHI, REG.NO.403/19,
PERUNNINAKULAM SIVA TEMPLE, COCHIN DEVASWOM BOARD, IRUMPANAM P.O.,
THRIPUNITHURA, ERNAKULAM DISTRICT-682309, REP. BY ITS SECRETARY,
RAJEEV NARAYANAN, AGED 47 YEARS, S/O.NARAYANAN NAIR, SWATHI BHAVAN,
THRIPUNITHURA, ERNAKULAM, PIN-682301.
RESPONDENTS:
1. COCHIN DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS, SWARAJ ROUND NORTH,
THRISSUR-680001, REP. BY ITS SECRETARY.
2. THE SPECIAL TAHASILDAR (LC UNIT), COCHIN DEVASWOM BOARD, DEVASWOM BOARD HEAD
QUARTERS, SWARAJ ROUND NORTH, THRISSUR-680001.
3. ADDL.R3, NARAYANA MENON, S/O.KRISHNAMENON, THEKKUM BHAGOM, IRUMPANAM,
THRIPUNITHURA, ERNAKULAM-682301.(IS IMPLEADED AS PER ORDER DATED 28.01.2021 IN
I.A.NO.1 OF 2020 IN W.P(C)NO.12821 OF 2020).
4. ADDL.R4, LEELAMMA, AGED 79 YEARS D/O.KORATHATTU DEVAKIAMMA, PARAPPILLIL HOUSE,
IRIMPANAM, TRIPUNITHURA AND NOW RESIDING AT C/207, JUPITOR, 2ND FLOOR,
HARANANDINI COMPLEX, NEAR LAKHANDAWALA COMPLEX, OPPOSITE 4 BALGALOWS ANDHERI,
BOMBAY-400069.
5. ADDL.R5, BHANUMATHIAMMA, AGED 72 YEARS D/O.KORATHATTU DEVAKIAMMA, PARAPPILLIL
HOUSE, IRIMPANAM, TRIPUNITHURA AND NOW RESIDING AT ROOM NO.132, ARAM NAGAR,
MACHILIMAR, ANDHERI, BOMBAY-400069. (ARE IMPLEADED AS ADDITIONAL RESPONDENTS 4
AND 5 AS PER ORDER DATED 28.01.2021 IN I.A.NO.1 OF 2021 IN WP(C)NO.12821 OF
2020).
6. ADDL R6, THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM DISTRICT, KOTTAYAM,
PIN-686002.
7. ADDL R7, THAHSILDAR, FIRST FLOOR, MINI CIVIL STATION, UNION CLUB ROAD,
PUTHENANGADY, KOTTAYAM, PIN-686001.
(ADDL R6 AND R7 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 10-02-2023 IN
WP(C)12821/2020).
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 2nd respondent to carry out directions in Ext.P3 and
report to 1st respondent within two weeks, for the interest of justice.
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and this Court's
order dated 24.01.2023 and upon hearing the arguments of M/S K.N.ABHILASH
& M.A.AHAMMAD SAHEER, Advocates for the petitioner, M/S JOSE TOM C.
KANDATHIL & MATHAI K.C., Advocates for respondent 3, SENIOR GOVERNMENT
PLEADER for additional R6 & R7, the court passed the following:
WP(C) No.12821/2020 2/7
WP(C) No.12821/2020 3/7
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ
...........................................................................
W.P.(C)No. 12821 of 2020
...................................................................
Dated this the 10th day of February, 2023
ORDER
Anil K. Narendran, J.
The petitioner is the Temple Advisory Committee of
Perunninakulam Siva Temple, Irumpanam, which is under the
management of the 1st respondent Cochin Devaswom Board. The
petitioner has filed this writ petition under Article 226 of the
Constitution of India, seeking a writ of mandamus commanding
the respondents to measure out and demarcate the temple pond
and its surroundings belonging to Perunninakulam Siva Temple,
Irumpanam and initiate appropriate measures to recover the
property from trespassers, in pursuance of Ext.P3 letter. The
petitioner has chosen to file this writ petition without the alleged
trespassers in the party array. The alleged trespassers were
impleaded by the order dated 28.01.2021 in I.A.Nos.1 of 2020 and
1 of 2021, which were filed by the petitioner pursuant to the
direction contained in the order dated 29.06.2020.
2. The 3rd respondent entered appearance and filed
counter affidavit, producing therewith Ext.R3(6) judgment dated
18.11.2015 in W.P.(C)No.5100 of 2012. That original petition was
WP(C) No.12821/2020 4/7
W.P.C.No.12821 of 2020
one filed by the 3rd respondent seeking rectification in revenue
records relating to 22 cents of property in old Sy.No.726 of
Thiruvankulam Village. A reading of Ext.R3(6) judgment would
show that, in that writ petition, additional respondents 3 to 5
herein raised a contention that they have obtained the property by
virtue of a purchase certificate of the year 1981. No further
proceedings were initiated to get it registered under the provisions
of the Transfer of Registry Rules, upto 1996. In the meantime, re-
survey has been effected and the said property has been included
in re-survey No.300/14 as Devaswom Puramboke. For reasons
best known to respondents 3 to 5 herein, they have not chosen to
implead the Cochin Devaswom as a party in W.P.(C)No.5100 of
2022.
3. Ext.R3(1) produced along with the counter affidavit
filed by the 3rd respondent is a photograph of a banner fixed on
the fence of the property owned by the 3rd respondent, which is
covered by Ext.R3(4) Purchase Certificate issued in favour of Smt.
Devaki Amma, which is one dated 28.12.1981, and Ext.R3(5)
document No.5138 of 1994. In the remarks column of Ext.R3(4)
purchase certificate the name of Thripunithura Devaswom is
mentioned. The description of the Northern boundary of the
property is shown as 'നടുമിറ്റം ദേവസ്വം വക'. In the banner seen
WP(C) No.12821/2020 5/7
W.P.C.No.12821 of 2020
in Ext.R3(1) photograph, it is written that "all transactions and
constructions in the property is prohibited, since the writ petition
is pending before the High Court of Kerala as W.P(C).No.12821 of
2020". The mobile number of the Secreatary of Perunninakulam
Kshethra upadesaka Samithi is also shown in that banner.
4. In view of the law laid down by the Apex Court in
Dattatreya and others v. Mahaveer [(2004)10 SCC 665], in
certain circumstances, non impleadment of the affected parties in
a writ petition filed under Article 226 of the Constitution of India
would amount to deliberate suppression of material facts.
Considering the pleadings and materials on record and also the
nature of relief sought for, we are of the view that the conduct of
the petitioner in filing this writ petition without impleading the 3rd
respondent and others amounts to deliberate suppression of
material facts. The Secretary of the petitioner Temple Advisory
Committee has also to offer proper explanation for non
impleadment of affected parties at the time of filing this writ
petition and also for his conduct in exhibiting such a banner on the
fence of the property in question. The 3rd respondent shall also file
an affidavit offering explanation for his conduct in filing
W.P.(C)No.5100 of 2022 before this Court, without the Cochin
Devaswom Board in the party array.
WP(C) No.12821/2020 6/7
W.P.C.No.12821 of 2020
5. The District Collector, Collectorate, Kottayam District,
Kottayam, Pin 686 002 and Thahsildar, First Floor, Mini Civil
Station, Union Club Road, Puthenangady, Kottayam, Pin 686 001,
are suo motu impleaded as the additional respondents 6 and 7.
6. The learned Senior Government pleader enters
appearance for additional respondents 6 and 7.
7. The learned counsel for the petitioner to serve a copy
of this writ petition to the learned Senior Government Pleader
along with the copy of the counter affidavit filed by the 3rd
respondent.
8. The learned Senior Government Pleader to make
available for the perusal of this Court, the files relating to
Ext.R3(4) purchase certificate, on the next posting date.
List on 24.02.2023, for deciding the further course to be
taken in the matter.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
Dxy
10-02-2023 /True Copy/ Assistant Registrar
WP(C) No.12821/2020 7/7
APPENDIX OF WP(C) 12821/2020
EXHIBIT P3 TRUE COPY OF THE LETTER NO.R11679/18 DATED 28.11.2018
ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.
Exhibit R3 (1) True copy of photo banner erected by the writ
petitioner
Exhibit R3 (4) Kraya Certificate dated 03/10/1981 issued by Dy.
Collector Land Tribunal, Kottayam
Exhibit R3 (5) True copy of tax receipt dated 08/08/2018
Exhibit R3 (6) True copy of judgment of Honourable High Court of
Kerala in W.P. No, 5100 OF 2012 dated 18/11/2015
10-02-2023 /True Copy/ Assistant Registrar
