Kerala High Court
Sreedevi Devaswom Trust vs State Of Kerala on 4 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
WP(C) NO. 26210 OF 2017
PETITIONER:
SREEDEVI DEVASWOM TRUST
PAINGOTTUR, REGISTER NO. IV/107/95, PAINGOTTUR, KADAVUR
VILLAGE, REPRESENTED BY ITS SECRETARY VIJAYAN P.K.,
AGED 68, S/O. PAZHAYODAM KUTTAPPAN, KADAVUR VILLAGE,
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT - 686 671.
BY ADV SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
- 695 001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, KAKKANAD, ERNAKULAM - 682 030.
3 THE TALUK TAHSILDAR
KOTHAMANGALAM TALUK OFFICE, ERNAKULAM - 686 671.
4 THE VILLAGE OFFICER
KADAVUR VILLAGE OFFICE, ERNAKULAM - 686 001.
5 THE PAINGOTUR GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, P.O.PONGOTUR, ERNAKULAM -
686 671.
BY ADVS.
SRI.P.M.BENZIR
SRI.JAICE JACOB
SRI.G.G.MANOJ
OTHER PRESENT:
SRI.B.S.SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.26210 of 2017
2
P.V.KUNHIKRISHNAN,J.
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W.P (C) No.26210 of 2017
---------------------------
Dated this the 4th day of April, 2024
JUDGMENT
This writ petition is filed with the following prayers:-
"i) Issue a writ of Mandamus, or any other
appropriate writ order or direction commanding the
respondents 1 to 3 to take into consideration Ext.P2
and all the proceedings connected therewith and
grant assignment on registry pertaining to 69 cents
of land lying in Sy.841/1A/36 of the Kadavur Village
stipulated time limits, in the prescribed format, in the
interest of justice.
ii) To pas any such or further orders as the petitioner
may seek and this Hon'ble court deem fit to grant."
[SIC]
2. The petitioner is a public religious charitable trust
and it is claimed that the petitioner is the custodian of a
public temple situated in Kadavur Village, Kothamangalam
Taluk in Ernakulam District. The grievance of the petitioner
is that the temple and all other buildings related to the
charitable purpose are situated in Government tharisu land
in Survey No.841/1A/36 of Kadavur Village, pertaining to
which an application for assignment is pending before the
Government and the same is not considered. It is submitted
that the assignment application has been recommended to
be granted for the temple purpose since it is a public
temple and therefore, the said application ought to have
been allowed. The petitioner trust applied for the grant of
assignment on registry pertaining to which a sketch,
mahazar and check list is prepared as evident by Ext.P2 is
the submission. Thereafter, no further proceedings are
taken is the grievance. Hence, this writ petition.
2. Heard Adv. Sreekumar G. Chelur , the learned
counsel for the petitioner and also the learned Government
Pleader .
3. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that, in the
light of Ext.P14, the petitioner is entitled assignment of
their property. I do not want to make any observations
about the same. When this writ petition came up for
consideration on 08.03.2022, this Court passed an order
directing the respondents not to demolish the building
covered by Exts.P15 and P16. In the light of the same, I am
of the considered opinion that there can be a direction to
conclude the proceedings which is initiated as per Ext.P2 in
the light of Ext.P14 within a time frame.
Therefore, this writ petition is disposed of with the
following directions:-
1. The competent authority among the
respondents will take appropriate steps, in
accordance with law, based on Ext.P2, as
expeditiously as possible, at any rate, within a
period of four months from the date of receipt
of a certified copy of this judgment.
2. While deciding the matter, the
competent authority among the respondents
will consider the applicability of Ext.P14
Government Order.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
APPENDIX OF WP(C) 26210/2017
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGE OF THE
BASIC TAX REGISTER OF THE KADAVUR
VILLAGE DATED NIL.
EXHIBIT P2 A TRUE COPY OF THE SKETCH MAHASSOR AND
CHECK LIST PREPARED ON ACCOUNT OF THE
APPLICATION OF THE PETITIONER DATED
17.10.2011.
EXHIBIT P3 A TRUE COPY OF THE ESTIMATE OF THE
BUILDING CONSTRUCTED DATED 30.10.02.
EXHIBIT P4 A TRUE COPY OF THE CONTRACT ENTERED
INTO ON BEHALF OF THE TEMPLE DATED
03.04.05.
EXHIBIT P5 A TRUE COPY OF THE BUILDING QUOTATION
ISSUED DATED 02.04.05.
EXHIBIT P6 A TRUE COPY OF THE MAHASSOR PREPARED
DATED 22.12.2015.
EXHIBIT P7 A TRUE COPY OF THE TAX RECEIPT DATED
08.10.2003.
EXHIBIT P8 A TRUE COPY OF THE REPORT ISSUED BY THE
VILLAGE OFFICER DATED 13.11.2015.
EXHIBIT P9 A TRUE COPY OF THE LETTER ISSUED BY THE
PAINGOTUR GRAMA PANCHAYATH DATED
21.11.2015.
EXHIBIT P10 A TRUE COPY OF THE COMMUNICATION OF THE
FIRST RESPONDENT DATED 22.03.2016.
EXHIBIT P11 A TRUE COPY OF THE REQUEST OF THE
PETITIONER TRUST DATED 29.12.2015.
EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION OF THE
ADDL.CHIEF SECRETARY TO THE GOVERNMENT
DATED 17.09.2011.
EXHIBIT P13 A TRUE COPY OF THE LETTER ISSUED BY THE
FORMER MINISTER, REVENUE DEPARTMENT
DATED 27.08.2011.
EXHIBIT P14 A TRUE COPY OF THE ORDER PASSED BY THE
GOVERNMENT DATED 29-1-2020.
EXHIBIT P15 A TRUE COPY OF THE INTIMATION OF THE
VILLAGE OFFICER KADAVOOR DATED 21-2-
2022.
EXHIBIT P16 A TRUE COPY OF THE INTIMATION OF THE
PANCHAYATH DATED 24-2-2022.
