Citation : 2024 Latest Caselaw 14093 Ker
Judgement Date : 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
DBP NO. 16 OF 2024
TRAVANCORE DEVASWOM BOARD- VETTAKKORUMAKAN TEMPLE COMPLAINT
DATED 19-01-2024.
PETITIONER:
SUO MOTU
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, REVENUE(DEVASWOM DEPARTMENT),
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM, PIN-695003.
3 DEVASWOM COMMISSIONER,TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM,
PIN- 695003.
4 DEPUTY DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS,
NATHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM,
PIN-695003.
5 TEMPLE ADVISORY COMMITTEE, REP. BY ITS SECRETARY,
VETTAKKORUMAKAN SASTHA TEMPLE,
FORT, THIRUVANANTHAPURAM.
6 VISHWA HINDU PARISHAD,
THIRUVANANTHAPURAM KARYALAYAM, PAZHAYAKADA LANE
P.O., SREE RAMA JAYAM, BALARAMAPURAM,
THIRUVANANTHAPURAM-695501.
OTHER PRESENT:
SC TDB - SRI G SANTHOSH KUMAR
SC TDB- SRI. G. BIJU;
DBP No.16/2024
2
SR. GP-SRI. S. RAJMOHAN
AMICUS CURIAE FOR OMBUDSMAN - SRI R. RAMACHANDRAN
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
DBP No.16/2024
3
ORDER
Anil K. Narendran, J.
This DBP is registered suo motu, vide proceedings dated
06.02.2024, based on a complaint dated 19.01.2024 made by a
devotee of Vettakkorumakan Temple, which is under the
management of Travanacore Devaswom Board, regarding
unauthorised occupation of a portion of Valiyakoyikkal Palace by
Vishwa Hindu Parishad. In the said complaint, it is alleged that,
despite the judgment of this Court dated 21.11.2023 in
W.P.(C)No.1079 of 2013, the Board has not taken steps to
challenge the judgment of the District Court,
Thiruvananthapuram in AS No.53 of 2022, arising out of the
judgment and decree in OS No.649 of 2012 on the file of the
Munsiff Court, Thiruvananthapuram, which was filed by the
Travancore Devaswom Board to evict Vishwa Hindu Parishad
from the Devaswom building.
2. On 07.02.2024, when this DBP came up for
consideration, the learned Standing Counsel for the Travancore
Devaswom Board submitted that, against the judgment and
decree in AS No.53 of 2022 of the District Court,
Thiruvananthapuram, the Board has filed a Second Appeal before
this Court, which is pending before this Court as RSA No.226 of
2023.
3. Today, when this matter is taken up for consideration,
the learned Standing Counsel for the Travancore Devaswom
Board would submit that, steps have already been taken to bring
up RSA No.226 of 2023 before the concerned Bench.
In such circumstances, this DBP is disposed of recording
the submission made by the learned Standing Counsel for
Travancore Devaswom Board that the Board has already filed
RSA No.226 of 2023 before this Court challenging the judgment
and decree of the District Court, Thiruvananthapuram in AS
No.53 of 2022.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
Sbna/
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