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Suo Motu vs State Of Kerala
2024 Latest Caselaw 14093 Ker

Citation : 2024 Latest Caselaw 14093 Ker
Judgement Date : 28 May, 2024

Kerala High Court

Suo Motu vs State Of Kerala on 28 May, 2024

Author: Anil K. Narendran

Bench: Anil K.Narendran

         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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