Kerala High Court
Ratheesh K.V vs Cochin Devaswom Board on 6 January, 2023
WP(C) No.26610/2021 1/4
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 6th day of January 2023 / 16th Pousha, 1944
WP(C) NO. 26610 OF 2021(A)
PETITIONERS:
1. RATHEESH K.V, S/O.VENUGOPALAN K., HARISREE, KALAVATH HOUSE, 42/1135,
KUTHAPPADY, THAMMANAM, ERNAKULAM 682 032, **[PRESIDENT STHANIYA
SAMITI, HINDU AIKYA VEDI.] **DELETED THE WORDS OCCURRING AFTER THE
ADDRESS OF THE 1ST PETITIONER IN THE WP(C) AS PER ORDER DATED
29.11.2021 IN I.A 2/2021 IN WP(C) 26610/2021
2. RANJITH M.V., S/O.K.N. VENUGOPAL, MANGALATH HOUSE, LPS ROAD,
PALARIVATTOM P.O., ERNAKULAM 682 025.
3. RAJEEV R., S/O.R.RAMACHANDRAN NAIR, RAGHI NIVAS, MAJOOR ROAD,
VYTTILA P.O., COCHIN 682 019.
RESPONDENTS:
1. COCHIN DEVASWOM BOARD, REP.BY ITS SECRETARY IN CHARGE, COCHIN
DEVASWOM BOARD OFFICE, ROUND NORTH, THRISSUR 680 001.
& OTHERS.
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 Respondent Nos.1 to 3 to remove all vehicles parked
without permission on the on land of the Kuthapady Sridharma Sastha
Narasimha Murthi Temnple at Kuthapady, Thammanam, pending disposal of the
Writ Petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order
dated 15-12-2022 and upon hearing the arguments of M/S.S.PRASANTH &
K.ARJUN VENUGOPAL, Advocates for the petitioners, STANDING COUNSEL for R1
to R3, SENIOR GOVERNMENT PLEADER for R4 & R5 and of SRI.K.R.VINOD,
Advocate for R6 to R11, the court passed the following:
WP(C) No.26610/2021 2/4
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ
.......................................................................
W.P.(C)Nos.19921 & 26610 of 2021
.................................................................
Dated this the 6th day of January, 2023
ORDER
Anil K. Narendran, J.
In terms of the order of this Court dated 15.12.2022, the
learned Standing Counsel for Kochi Municipal Corporation has made
available for the perusal of this Court the original Asset Register
referred to in Ext.R16(I) communication.
2. In page No.63 of the Asset Register, there is an entry
regarding Koothapadi Temple Road (Division No.44, Sl.No.18),
which commences from Vailoppilly Road and ends at Koothapadi
Temple. The category of the said road is given as 'ODR'. Its length
is 1 k.m. and width is 5 meters. The width of the carriage way is 4
meters. The road is classified as 'mud road'. The said page in the
Asset Register is assigned the number '63/330'. Column No.17 of
the form is intended for entering expenses for construction 'from
the year 1995'.
3. The learned counsel for the petitioners in
W.P.(C)No.26610 of 2021 and also the learned Standing Counsel
for Cochin Devaswom Board would point out that Ext.R1(B)
WP(C) No.26610/2021 3/4
W.P.(C)Nos.19921 & 26610 of 2021
decree of the First Additional Munsiff's Court, Ernakulam in
O.S.No.833 of 1992 is one dated 16.07.1997, whereby Kochi
Municipal Corporation is restrained by a permanent prohibitory
injunction from making any incursions into the plaint schedule
property or entering the property for construction of any road either
by its officers or through agents or workers.
4. The learned Standing Counsel for Kochi Municipal
Corporation is directed to place on record the relevant extract of
the Asset Register along with an affidavit sworn to by the Secretary
of the Corporation, stating the date on which the entry in respect
of Koothapadi Temple Road was made in that register.
5. The learned counsel for the party respondents in
W.P.(C)No.19921 of 2021 seeks adjournment.
List this matter for further consideration on 13.01.2023.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
AV/6/1
06-01-2023 /True Copy/ Assistant Registrar
WP(C) No.26610/2021 4/4
APPENDIX OF WP(C) 26610/2021
EXHIBIT R1 B True copy of judgment dated 16.7.1997 in O.S. No.
833/1992 passed by 1st Additional Munsiff's Court,
Ernakulam.
06-01-2023 /True Copy/ Assistant Registrar
