Kodimoottil Sree Bhadrakali ... vs Kalluvathukkal Grama Panchayath
2023 Latest Caselaw 3994 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                      WP(C) NO. 3104 OF 2021
PETITIONER:

    1    KODIMOOTTIL SREE BHADRAKALI TEMPLE TRUST
         REPRESENTED BY ITS PRESIDENT, KODIMOOTTIL
         BHADRAKALIDEVI TEMPLE TRUST, PARIPALLY P.O. KOLLAM
         691 574.
    2    KODIMOOTTIL SREE BHADRAKALI TEMPLE TRUST
         REPRESENTED BY ITS SECRETARY. S. PRASOBHAN,
         KODIMOOTTIL BHADRAKALI TEMPLE TRUST, PARIPALLY
         P.O. KOLLAM 691 574.
         BY ADVS.
         M.BALAGOVINDAN
         A.ANOOP
         P.SUJITH KUMAR

RESPONDENTS:

    1    KALLUVATHUKKAL GRAMA PANCHAYATH
         REPRESENTED BY ITS SECRETARY. GRAMA PANCHAYATH
         OFFICE, KALLUVATHUKKAL P.O. KOLLAM DISTRICT 691
         578.
    2    ITHIKKARA BLOCK PANCHAYATH OFFICE,
         REPRESENTED BY ITS SECRETARY. CHANTHANOOR P.O.
         KOLLAM DISTRICT 691 572.
         BY ADV SRI.K.V.ANIL KUMAR

OTHER PRESENT:

         GP - SYAMANTHAK B.S.


    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 30.03.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.3104 of 2021       :2:




                           VIJU ABRAHAM, J.
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                       W.P.(C). No.3104 of 2021
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                  Dated this the 30th day of March, 2023

                             JUDGMENT

The petitioners have approached this Court seeking a

direction to the Panchayat not to make any unlawful acts within the

property of the temple trust having Sy. Nos. 298/1, 298/3, 298/4,

298/2, 298/5 and 293/36, total 43.40 Ares in Block No.40,

Thandaper No.5280, Paripally Village, Kollam Taluk.

2. The petitioners are the President and Secretary of a private

trust by name 'Kodimoottil Sree Bhadrakali Temple Trust'. The

trust is being managed based on Ext.P3 Trust Bye-Law. On

19.12.2019, the 2nd petitioner submitted Ext.P4 representation

before the Panchayat stating that in the Panchayat Register, the

assets pertaining to the private trust is wrongly entered and a

three metre width way was tarred through the property of the

petitioners.

3. The learned counsel appearing for the 1 st respondent

submitted that they have received Ext.P4 representation and

appropriate action will be taken on Ext.P4 after affording an

opportunity of being heard to the petitioner and till a decision is

taken on Ext.P4, no construction activities will be undertaken by

the Panchayat in the property owned by the petitioners.

4. The learned Standing Counsel for the 2 nd respondent also

upon instructions submitted that they have no intention to

undertake any construction activities in the property owned by the

petitioners. The said submission is recorded.

5. Considering the facts and circumstances of the case and

after hearing both sides, I dispose of this writ petition by directing

the 1st respondent to consider and pass orders on Ext.P4

representation submitted by the 2nd petitioner, after affording an

opportunity of being heard to the petitioners or their authorised

representatives and any other aggrieved parties, if any. A decision

in this regard shall be taken within a period of one month from the

date of receipt of a copy of this judgment. Till a decision is taken as

directed above, the respondents shall not undertake any

construction activities in the property of the petitioners.

With the above said directions, the writ petition is disposed

of.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 3104/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S. 89/1979 BEFORE THE SUBORDINATE JUDGE, QUILON, DATED 08/07/1983.

EXHIBIT P2 TRUE COPY OF THE COMPROMISE, PETITION IN I.A. 1426/1987 IN O.S. 89/1979 SUB COURT,QUILON DATED 25/02/1989.

EXHIBIT P3 TRUE COPY OF THE AGREEMENT ALONG WITH TRUEST BY LAW.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 19/12/2019.

EXHIBIT P5 TRUE COPY OF THE APPLICATION FILED UNDER RIGHT TO INFORMATION ACT DATED 25.5.2020. EXHIBIT P6 TRUE COPY OF THE REPLY DATED 26/06/2020. EXHIBIT P7 TRUE COPY OF THE APPEAL DATED 01/08/2020. EXHIBIT P8 TRUE COPY OF THE TAX RECEIPT EVIDENCING THE PAYMENT OF THE LAND TAX IN RESPECT OF THE TEMPLE TRUST PROPERTY DATED 15.06.2020.

EXHIBIT P9 TRUE COPY OF THE APPLICATION DATED 26.08.2020.

EXHIBIT P10 TRUE COPY OF THE REPLY DATED 14.09.2020. EXHIBIT P11 TRUE COPY OF THE INFORMATION GIVEN BY THE PANCHAYATH DATED 24.01.2020.

EXHIBIT P12 TRUE COPY OF THE ORDER IN THE FORM OF REPLY GIVEN BY ASSISTANT DIRECTOR OF PANCHAYATH DATED 09.09.2020.

EXHIBIT P13 TRUE COPY OF THE REPLY OF THE PANCHAYATH DATED 10/12/2019.

Exhibit P14 TRUE COPY OF THE NOTIFICATION INVITING TENDER DATED 03/08/2021.