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R.Bhadra Kumar vs The Secretary
2024 Latest Caselaw 32219 Ker

Citation : 2024 Latest Caselaw 32219 Ker
Judgement Date : 8 November, 2024

Kerala High Court

R.Bhadra Kumar vs The Secretary on 8 November, 2024

Author: Anil K.Narendran

Bench: Anil K.Narendran

                                              2024:KER:83603

         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 8TH DAY OF NOVEMBER 2024/ 17TH KARTHIKA, 1946

                 W.P.(C) NO. 30142 OF 2023

PETITIONER:

          TRAVANCORE DEVASWOM BOARD REP BY IT'S SECRETARY
          DEVASWOM HEAD QUARTERS, NANDANCODE,
          KOWDIAR.P.O., THIRUVANANTHAPURAM, PIN - 695003.

          BY ADV G.SANTHOSH KUMAR (P).
RESPONDENTS:

    1     INSPECTOR GENERAL OF REGISTERATION
          DEPARTMENT OF REGISTERATION, VANCHIYOOR P.O,
          THIRUVANANTHAPURAM, PIN - 695035.

    2     THE DISTRICT COLLECTOR
          2ND FLOOR, CIVIL STATION BUILDING,
          KUDAPPANAKUNNU, THIRUVANANTHAPURAM,
          PIN - 695043.

    3     THE TAHASILDAR
          TALUK OFFICE, NEYYATINKARA P.O,
          THIRUVANANTHAPURAM, PIN - 695121.
                                                  2024:KER:83603
                               2
W.P.(C) No.30142 of 2023
and DBP No.86 of 2023




     4       THE SUB REGISTRAR
             SUB REGISTRAR OFFICE, KULATHOOR
             THIRUVANANTHAPURAM, PIN - 695122.

     5       THE STATION HOUSE OFFICER
             POZHIYOOR POLICE STATION, POZHIYOOR,
             THIRUVANANTHAPURAM, PIN - 695513.

     6       R.RAJASEKHARAN NAIR
             KALABHAVAN, ERICHELLOOR, PLAMOOTUKADA P.O,
             THIRUVANANTHAPURAM, PIN - 695122 (FORMER
             PRESIDENT OF TAC).

     7       K.PRAMOD
             KEASAVA VILASAM, MARADI, ERICHELLOOR,
             PLAMOOTUKADA P.O, THIRUVANANTHAPURAM (FORMER
             SECRETARY OF TAC), PIN - 695122.

     8       S.VIJAYAN
             OTTAPLAVILA V.S BHAVAN, PLAMOOTUKADA P.O,
             THIRUVANANTHAPURAM, (FORMER TAC MEMBER),
             PIN - 695122.

     9       KEEZHSSERYILL SEVA TRUST
             REG.NO.1664/2022, BUILDING NO.VIII. 331/1,
             KARODE ERICHELLOOR, PLAMOOTUKADA,
             THIRUVANANTHAPURAM REP. BY IT'S PRESIDENT
             SHAJHU.V.NAIR, S/O VELAPPAN NAIR, SOUPARNIKA,
             PLAMMOTUKADA, KARODE, NEYYATINKARA,
             THIRUVANANTHAPURAM, PIN - 695122.

     10      TEMPLE ADVISORY COMMITTEE
             SREE KEEZHSERI MADOM NEELAKESI DEVI TEMPLE,
             KARODE, NEYYATINKARA, ERICHELLOOR,
             THIRUVANANTHAPURAM- REP. BY ITS PRESIDENT
             B.J.BALACHANDRAN, S/O BALAKRISHNAN NAIR,
             RESIDING AT KANAKA NIVAS, PLAMOOTUKADA P.O,
             THIRUVANANTHAPURAM-, PIN - 695122.
                                             2024:KER:83603
                               3
W.P.(C) No.30142 of 2023
and DBP No.86 of 2023


             BY ADVS.
             G.SREEKUMAR (CHELUR)
             ARUN V.G.
             VINOD BHAT S
             R.T.PRADEEP
             V.JAYA RAGI
             R.HARIKRISHNAN (KAMBISSERIL)
             NEERAJ NARAYAN



       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 03.10.2024, ALONG WITH DBP.86/2023, THE COURT
ON 08.11.2024 DELIVERED THE FOLLOWING:
                                                    2024:KER:83603
                                     4
W.P.(C) No.30142 of 2023
and DBP No.86 of 2023


            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 8TH DAY OF NOVEMBER 2024/ 17TH KARTHIKA, 1946

                            DBP NO. 86 OF 2023

 TRAVANCORE DEVASWOM BOARD - REPORT NO.38/2023 COMPLAINT
    NO. 187/2022 - ALLEGATION AGAINST - TEMPLE ADVISORY
     COMMITTEE OF THE ERICHALLOOR SREE KEEZHSSERI MADOM
                           NEELAKESI DEVI TEMPLE
PETITIONER:

             R.BHADRA KUMAR
             MUTHUKUDIVILAKATHU PUTHENVEEDU, ERICHALLOOR,
             PLAMOOTTUKKADA P.O., THIRUVANANTHAPURAM

             BY ADV R.T.PRADEEP
RESPONDENTS:

     1       THE SECRETARY
             TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR
             POST, THIRUVANANTHAPURAM, KERALA, PIN- 695 003.

     2       DEVASWOM OFFICER
             SREE KEEZHSSERI MADOM NEELAKESI DEVI TEMPLE,
             ERICHALLUR, ARAYUR SUB GROUP, NEYYATTINKARA
             GROUP, TRAVANCORE DEVASWOM BOARD.

     3       R.RAJASEKHARAN NAIR
             KALA BHAVAN, ERICHALLOOR, PLAMOOTTUKKADA P.O.,
             THIRUVANANTHAPURAM.
                                                      2024:KER:83603
                                    5
W.P.(C) No.30142 of 2023
and DBP No.86 of 2023




     4       K.PROMOD
             KESAVA VILASAM, MARADI, ERICHALLOOR,
             PLAMOOTTUKKADA P.O., THIRUVANANTHAPURAM.

     5*      THE TRAVANCORE DEVASWOM BOARD
             NANTHANCODE, THIRUVANANTHAPURAM, PIN-695 003,
             REPRESENTED BY ITS SECRETARY.

     6*      THE DEPUTY DIRECTOR
             KERALA STATE AUDIT DEPARTMENT, TRAVANCORE
             DEVASWOM BOARD, NANTHANCODE,
             THIRUVANANTHAPURAM, PIN-695 003.

    7**      KEEZHSSERYILL SEVA TRUST (REG. NO.1664/2022)
             BUILDING NO.VIII 331/1, KARODE ERICHELLOOR,
             PLAMOOTUKADA, THIRUVANANTHAPURAM, REP. BY ITS
             PRESIDENT SHAJHU V.NAIR, S/O.VELAPPAN NAIR,
             SOUPARNIKA, PLAMMOTUKADA, KARODE, NEYYATINKARA,
             THIRUVANANTHAPURAM-695 122.

             *ARE SUO MOTU IMPLEADED AS ADDITIONAL 5TH AND
             6TH RESPONDENT VIDE ORDER DATED 12/09/2023 IN
             DBP.NO.86/2023

             **IS SUO MOTO IMPLEADED AS ADDITIONAL 7TH
             RESPONDENT VIDE ORDER DATED 10/10/2023 IN
             DBP.NO.86/2023.

             SRI. S. RAJMOHAN, SR. GP
             SRI. G. SANTHOSH KUMAR, SC, TDB



         THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
FINAL        HEARING        ON     03.10.2024,       ALONG     WITH
WP(C).30142/2023,          THE   COURT   ON   08.11.2024   DELIVERED
THE FOLLOWING:
                                                     2024:KER:83603
                                  6
W.P.(C) No.30142 of 2023
and DBP No.86 of 2023


        ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.

-----------------------------------------------------------

and

-----------------------------------------------------------

Dated this the 8th day of November, 2024

JUDGMENT/ORDER

P.G.Ajithkumar, J.

W.P.(C)No.30142 of 2023: Travancore Devaswom Board has

filed this writ petition under Article 226 of the Constitution of

India, seeking a writ of mandamus commanding the 1 st

respondent Inspector General of Registration to consider and

pass appropriate orders on Ext.P8 complaint dated 20.02.2023

made by the Devaswom Commissioner demanding cancellation of

registration of deed No.1715/2015 with regard to the property

having an extent of 32 cents in Sy.No.200/20 in Karode Village.

The petitioner has also sought consequential reliefs.

2. DBP No.86 of 2023: This DBP was registered on

08.09.2023 based on Report No.38 of 2023 of the learned

Ombudsman for the Travancore Devaswom Board in Complaint

No.187 of 2022, which was one filed by the devotees of 2024:KER:83603

Erichalloor Sree Keezhsseri Madom Neelakesi Devi Temple (Sree

Neelakesi Devi Temple) raising serious allegations against

respondents No.3 and 4, who were the President and Secretary

of the erstwhile Temple Advisory Committee of that Temple,

holding office from the year 2014 to September, 2022. The

complaint centres around the land having an extent of 32 cents

in Sy.No.200/20 in Block No.48 of Karode Village, which is lying

adjacent to the temple compound. In the complaint, it is alleged

that, though the said property was purchased utilising the money

contributed by the devotees, sale deed No.1715/2015 dated

19.11.2015 of the Sub Registrar Office, Kulathoor, was executed

in the individual names of respondents No.3 and 4. In Report

No.38 of 2023, the learned Ombudsman has pointed out the

pendency of O.S.No.5 of 2023 before the Munsiff's Court,

Neyyattinkara.

3. On 10.10.2023, when these matters came up for

consideration, respondents No.7 and 8 in the writ petition, who

are respondents No.3 and 4 in the DBP, entered appearance

through their counsel. Respondents No.9 and 10 also entered 2024:KER:83603

appearance through their respective counsel. Despite service of

notice, none appears for the 6th respondent.

4. The petitioner placed on record a certified copy of

sale deed No.1715/2015 dated 19.11.2015 of the Sub Registrar

Office, Kulathoor, which was executed in the individual names of

respondents No.6 and 7, and a certified copy of document

No.1664/2022 of the Sub Registrar Office, Kulathoor, executed in

favour of the 9th respondent Keezhsseryill Seva Trust, in respect

of the land having an extent of 32 cents in Sy.No.200/20 in Block

No.48 of Karode Village, which is lying adjacent to the temple

compound of Sree Neelakesi Devi Temple. Having considered the

materials on record and also the submissions made at the Bar, an

interim order was passed restraining the 4th respondent in the

writ petition Sub Registrar Kulathoor from registering any

document in respect of the land having an extent of 32 cents in

Sy.No.200/20 in Block No.48 of Karode Village, which is lying

adjacent to the Temple compound of Sree Neelakesi Devi Temple,

covered by sale deed No.1715/2015 dated 19.11.2015, followed

by document No.1664/2022 of the Sub Registrar Office, 2024:KER:83603

Kulathoor, which presently stand in the name of the 9 th

respondent Keezhsseryill Seva Trust, for a period of one month.

The interim order was extended. On 15.03.2024, this Court, after

hearing the learned counsel for the respective parties directed

the Devaswom Officer, Sree Neelakesi Devi Temple to ensure that

the marriage hall in the disputed property is not used for any

purpose, pending disposal of these cases.

5. The 9th respondent filed a counter-affidavit dated

29.11.2023 in the writ petition producing therewith Ext.R9(a),

which is a copy of the trust deed No.1664/2022. The 9 th

respondent denied the allegations in the writ petition. It is

contended that the property in question was purchased by

respondents No.7 and 8 utilising their own fund. It was also

contended that the Mandapam in that property was

constructed by the 7th respondent, for which like-minded

people contributed money. Thus the 9 th respondent claimed

that the Devaswom Board has no right in the said property or

the Mandapam and the writ petition is ill-motivated.

2024:KER:83603

6. Respondents No.7 and 8 together filed their counter-

affidavit dated 29.11.2023 producing therewith Exts.R7(a) and

R7(b), which are copies of the sale deed No.1715/2015 and

trust deed No.1664/2022. These respondents also raised

contentions similar to that of the 9th respondent. It is explained

as to how they raised fund for purchasing the property in

question and specifically denied the claim of the petitioner over

the property and Mandapam in question.

7. The petitioner filed I.A.No.1 of 2024 producing

therewith Exts.P14 to P19. A counter-affidavit was filed by the

9th respondent in I.A.No.2 of 2024. Along with the counter-

affidavit, the 9th respondent produced Exts.R9(b) to R9(g).

Ext.R9(g) is a copy of the plaint in O.S.No.710 of 2024 on the

files of the Munsiff's Court, Neyyattinkara.

8. Heard the learned Standing Counsel for the

Travancore Devaswom Board, the learned Senior Government

Pleader and the learned counsel for respective party

respondents. The parties are referred to as arraigned and the

documents referred to as marked in W.P.(C) No.30142 of 2023.

2024:KER:83603

9. Sree Neelakesi Devi Temple is a Temple under the

management of the petitioner. Respondents No.6 and 7 were

the President and Secretary of the Temple Advisory

Committee in that Temple during the period from 2014 till

2022. Ext.R7(a) is the sale deed No.1715/2015, based on

which 32 cents of property comprised in Sy.No.200/20 in

Block No.48 of Karode Village was purchased in the name of

respondents No.7 and 8. Admittedly, a Mandapam was

constructed in that property. The property is situated

adjoining to the premises of the said Temple. Ext.R7(b) is a

trust deed registered as document No.1664/2022 at Sub

Registry Office, Ooruttambalam. Respondents No.7 and 8

have created the said trust and got the trust deed registered.

The said trust is the 9 th respondent. Common contention of

respondents No.6 to 9 is that the said 32 cents of property

was purchased by respondents No.7 and 8 utilising their own

funds and the Mandapam was constructed in that property

utilising their fund and also funds contributed by other like-

minded persons. It is their further contention that the said 2024:KER:83603

property together with the Mandapam vested in the Trust by

virtue of Ext.R7(b) trust deed. Accordingly, they would

maintain that the 9th respondent-Trust alone has right and

interest in the said property and the Mandapam.

10. The claim of the petitioner and also the 10th

respondent, the present Temple Advisory Committee is that

the said property was purchased utilising the funds collected

from the devotees of Sree Neelakesi Devi Temple for purchasing

land in favour of the Deity. They would allege that

respondents No.7 and 8 got Ext.R7(a) title deed executed in

their favour clandestinely and mischievously. The said fact

was revealed only belatedly. On getting information, the

petitioner has taken necessary steps for resumption of the

property in favour of the Deity. A vigilance enquiry was

conducted in the matter and the fact that the property was

purchased utilising the funds collected in the name of the

Deity has been revealed.

11. The learned counsel for the petitioner by placing

reliance on the decision of this Court in Arjunan T.N. v.

2024:KER:83603

President, Temple Advisory Committee [2012 (4) KHC

155] to submit that the land purchased out of the money

collected from the devotees in the name of the Deity stands

and vested with the Deity. Such a land would be exclusively

under the management and control of the Devaswom Board

on behalf of the Deity.

12. In the instant case, the findings in Ext.P12

vigilance enquiry report are that for purchasing the properties

in question, huge amounts were collected in the name of the

Deity from the devotees and that money was collected even

without issuing receipts. It was while respondents No.6, 7 and

8 were the office bearers and members of the Temple

Advisory Committee, the property was purchased in the name

of respondents No.7 and 8 and the property is a plot adjoining

the Temple compound. That itself is enough to establish prima

facie that the property was purchased for the benefit of the

Deity and the title to the property was vested with the Deity.

It was following that report, the petitioner has initiated steps

for resumption of possession of the property.

2024:KER:83603

13. In M.V.Ramasubbiar v. Manicka Narasimachara

[(1979) 2 SCC 65], in the context of Sections 49, 51 and 52

of the Trusts Act, 1882, the Apex Court explained the nature

of the fiduciary position of the trustee and his duties and

obligations. It is duty of the trustees of the property to be

faithful to the Trust and execute any document with

reasonable diligence in the manner of an ordinary prudent

man of business would conduct his own affairs. A trustee

could not therefore occasion any loss to the Trust and it is his

duty to sell the property, if at all that was necessary, to best

advantage. Paragraph 4 of that decision reads thus;

"4. There is some controversy on the question whether Defendant 1 made an outright purchase of the suit property for and on behalf of the trust for Rs 21,500 on April 19, 1959, or whether he intended to purchase it for himself and then decided to pass it on to the trust, for defendants have led their evidence to show that the property was allowed to be sold for Rs 21,500, which was less than its market value, as it was meant for use by the trust and that Defendant 1 was not acting honestly when he palmed off the property to his son soon after by the aforesaid sale deed Ext.B13 dated July 14, 1960. The fact, however, remains that 2024:KER:83603

Defendant 1 was the trustee of the property, and it was his duty to be faithful to the trust and to execute it with reasonable diligence in the manner an ordinary prudent man of business would conduct his own affairs. He could not therefore occasion any loss to the trust and it was his duty to sell the property, if at all that was necessary, to best advantage. It has in fact been well recognised as an inflexible rule that a person in a fiduciary position like a trustee is not entitled to make a profit for himself or a member of his family. It can also not be gainsaid that he is not allowed to put himself in any such position in which a conflict may arise between his duty and personal interest, and so the control of the trustee's discretionary power prescribed by Section 49 of the Act and the prohibition contained in Section 51 that the trustee may not use or deal with the trust property for his own profit or for any other purpose unconnected with the trust, and the equally important prohibition in Section 52 that the trustee may not, directly or indirectly, buy the trust property on his own account or as an agent for a third person, cast a heavy responsibility upon him in the matter of discharge of his duties as the trustee. It does not require much argument to proceed to the inevitable further conclusion that the Rule prescribed by the aforesaid sections of the Act cannot be evaded by making a sale in the name of the trustee's partner or son, for that would, in fact and substance, indirectly benefit the 2024:KER:83603

trustee. Where therefore a trustee makes the sale of a property belonging to the trust, without any compelling reason, in favour of his son, without obtaining the permission of the court concerned, it is the duty of the court, in which the sale is challenged, to examine whether the trustee has acted reasonably and in good faith or whether he has committed a breach of the trust by benefitting himself from the transaction in an indirect manner. The sale in question has therefore to be viewed with suspicion and the High Court committed an error of law in ignoring this important aspect of the law although it had a direct bearing on the controversy before it." (underline supplied)

14. In A.A. Gopalakrishnan v. Cochin Devaswom

Board [(2007) 7 SCC 482] a Three-Judge Bench of the

Apex Court held that the properties of deities, temples and

Devaswom Boards are required to be protected and

safeguarded by their trustees/archakas/shebaits/employees.

Instances are many where persons entrusted with the duty of

managing and safeguarding the properties of temples, deities

and Devaswom Boards have usurped and misappropriated

such properties by setting up false claims of ownership or

tenancy, or adverse possession. This is possible only with the 2024:KER:83603

passive or active collusion of the authorities concerned. Such

acts of 'fence eating the crops' should be dealt with sternly.

The Government, members or trustees of boards/trusts, and

devotees should be vigilant to prevent any such usurpation or

encroachment. It is also the duty of courts to protect and

safeguard the properties of religious and charitable

institutions from wrongful claims or misappropriation.

15. O.S.No.5 of 2023 was filed before the Munsiff's

Court, Neyyattinkara on behalf of the Deity of Sree Neelakesi

Devi Temple for a decree declaring that title to the property

covered by Ext.R7(a) was vested with the Deity and

consequential reliefs. Ext.P9 is a copy of the plaint in that suit.

Respondents No.7 to 9 filed O.S.No.710 of 2024 before the

Munsiff's Court, Neyyattinkara against the petitioner, the 10 th

respondent and a few others seeking a decree declaring that

respondents No.7 and 8 are the owners of the said property

and the building thereon and the title to the same vested with

respondent No.9-Trust. Thus, the question regarding title to

32 cents of property and the building thereon, which are 2024:KER:83603

covered by Ext.R7(a) is pending before a competent civil

court.

16. As pointed out above, the property was purchased

as per Ext.R7(a) in the name of respondents No.7 and 8,

while they were office bearers of the Temple Advisory

Committee. A Trust was subsequently created as per

Ext.R7(b) vesting the said property in the 9th respondent-

Trust. Going by the objectives of the trust as contained in

clause (5) of Ext.R7(b), the trust was created essentially for

the purpose of protecting the interest of the Deity of Sree

Neelakesi Devi Temple and to safeguard the interest of its

devotees. That would indicate that that the property was

purchased with the intention of using the same for the benefit

of the Deity of Sree Neelakesi Devi Temple and its devotees. As

held in the aforementioned decisions, respondents No.7 and

8, being the office bearers of the Temple Advisory Committee

during the relevant time, they were trustees of the Deity of

the Sree Neelakesi Temple. They, however, claim to be the

owners of the property. Being the trustees, it is their burden 2024:KER:83603

and obligation to establish that claim. Be that as it may, since

the matter is pending consideration of the competent civil

court and the essential question is concerning title to the

immovable property, which can be decided based on proper

pleadings and evidence only, we do not propose to decide that

question in this writ petition and DBP. It is for the civil court to

decide that question.

17. In terms of the interim orders granted by this

Court, the 4th respondent-Sub Registrar, Kulathoor was

restrained from registering any document in respect of the

property covered by sale deed No.1715/2015 dated

19.11.2015 of SRO, Kulathoor, having an extent of 32 cents

comprised in Sy.No.200/20 in Block No.48 of Karode Village

and the Devaswom Officer, Sree Neelakesi Devi Temple to

ensure that the marriage hall in the said property is not used

for any purpose. The dispute concerning the title of the

property is pending consideration of the civil court in

O.S.No.5 of 2023 and O.S.No.710 of 2024 on the files of the

Munsiff's Court, Neyyattinkara. Therefore, the said interim 2024:KER:83603

orders shall be in force till the final disposal of the said civil

suits.

With the aforesaid observations, this writ petition and

DBP are disposed of.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE dkr 2024:KER:83603

APPENDIX OF WP(C) 30142/2023

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE COMPLAINT DATED 05/12/2022 SUBMITTED BY THE DEVASWOM COMMISSIONER TO THE 1ST RESPONDENT.

EXHIBIT-P2 TRUE COPY OF THE REPLY LETTER DATED 20/12/2022 OBTAINED BY THE DEVASWOM COMMISSIONER FROM THE 1ST RESPONDENT.


EXHIBIT-P3                 TRUE   COPY   OF   THE   LETTER   DATED
                           22/12/2022    ISSUED    BY   THE    4TH
                           RESPONDENT      TO     THE     DEVASWOM
                           COMMISSIONER.

EXHIBIT-P4                 TRUE COPY OF THE COMPLAINT DATED
                           10/01/2023 PREFERRED BY THE DEVASWOM
                           COMMISSIONER TO THE 3RD RESPONDENT.

EXHIBIT-P5                 TRUE COPY OF THE REPLY LETTER DATED
                           31/01/2023   ISSUED  BY   THE  SPECIAL
                           TAHSILDAR, LAND CONSERVANCY UNIT OF
                           THE TDB TO THE DEVASWOM COMMISSIONER.

EXHIBIT-P6                 TRUE   COPY   OF   THE   REPORT  DATED

07/02/2023 SUBMITTED BY THE ASSISTANT DEVASWOM COMMISSIONER, NEYYATINKARA TO THE DEVASWOM COMMISSIONER.

EXHIBIT-P7 TRUE COPY OF THE REPORT DATED 20/02/2023 SUBMITTED BY THE DEVASWOM COMMISSIONER.

EXHIBIT-P8 TRUE COPY OF THE COMPLAINT DATED 20/02/2023 SUBMITTED BY THE DEVASWOM COMMISSIONER TO THE 1ST RESPONDENT.

EXHIBIT-P9 TRUE COPY OF THE PLAINT IN O.S.NO.05/2023 PENDING ON THE FILES OF MUNSIFF COURT, NEYYATINKRA.

2024:KER:83603

EXHIBIT-P10 TRUE COPY OF THE BOARD ORDER DATED 13/06/2023.

EXHIBIT-P11 TRUE COPY OF THE COMPLAINT DATED 24/06/2023 SUBMITTED BY THE ASSISTANT DEVASWOM COMMISSIONER, NEYYATINKARA ALONG WITH THE ACKNOWLEDGMENT RECEIPT DATED 26/06/2023.

EXHIBIT-P12 TRUE COPY OF THE ENQUIRY REPORT ALONG WITH COVERING LETTER DATED 10/05/2023 SUBMITTED BEFORE THE PRESIDENT OF THE TDB.


EXHIBIT-P13                TRUE PHOTO COPY OF THE DICTUM LAID
                           DOWN    IN    D.B.P.NO.38/2011 DATED
                           22/08/2012       (ARJUNAN.T.N.   V/S

PRESIDENT, TEMPLE ADVISORY COMMITTEE AND OTHERS, 2012 (4) KHC,155).


EXHIBIT-P14                TRUE COPY OF THE APPLICATION DATED
                           22/11/2023   SUBMITTED    BEFORE   THE
                           ASSISTANT   ENGINEER,   KERALA   STATE

ELECTRICITY BOARD, UCHAKADA AS PER THE RIGHT TO INFORMATION ACT, 2005.


EXHIBIT-P15                TRUE   COPY   OF    THE  REPLY   DATED
                           23/11/2023 OBTAINED FROM THE PUBLIC
                           INFORMATION     OFFICER,    ELECTRICAL
                           SECTION, UCHAKADA.

EXHIBIT-P16                TRUE COPY OF THE APPLICATION DATED
                           06/11/2023   SUBMITTED  BEFORE   THE
                           SECRETARY, KARODE GRAMA PANCHAYAT AS
                           PER THE RIGHT TO INFORMATION ACT,
                           2005.

EXHIBIT-P17                TRUE   COPY   OF   THE   REPLY   DATED
                           22/11/2023 OBTAINED FROM THE PUBLIC

INFORMATION OFFICER, KARODE PANCHAYAT.

2024:KER:83603

EXHIBIT-P18 TRUE COPY OF THE LOCATION MAP DATED NIL.

EXHIBIT-P19 PHOTOGRAPHS SHOWING THE TEMPLE AND IT'S PREMISES.

RESPONDENT EXHIBITS

EXHIBIT R7(A) A TRUE COPY OF THE SALE DEED NO.

1715/2015 OF SRO KULATHOR DATED 19.11.2015

EXHIBIT R7(B) A TRUE COPY OF THE TRUST DEED NO.

1664/2022 OF SRO OORUTTAMBALAM DATED 31.12.2022

EXHIBIT R9(A) A TRUE COPY OF THE TRUST DEED NO.

1664/2022 OF SRO, OORUTTAMBALAM DATED 31.12.2022

EXHIBIT R9(B) THE TRUE COPY OF THE LAND TAX RECEIPT DATED 12.06.2024 ISSUED BY KARODE VILLAGE OFFICE

EXHIBIT R9(C) THE TRUE COPY OF THE OWNERSHIP CERTIFICATE DATED 11.09.2024 ISSUED BY KARODE GRAMA PANCHAYAT WITH RESPECT TO BUILDING BEARING DOOR NO. 331/1 IN

EXHIBIT R9(D) THE TRUE COPY OF THE BUILDING TAX RECEIPT DATED 11.09.2024 ISSUED BY THE KARODE GRAMA PANCHAYAT

EXHIBIT R9(F) THE COLOUR PHOTOGRAPHS OF THE SAID BUILDING AND THE MARRIAGE HALL

EXHIBIT R9(E) THE 3D PICTURE OF THE OFFICE BUILDING AND THE MARRIAGE HALL

EXHIBIT R9(G) THE TRUE COPY OF THE PLAINT IN O.S NO.

710 OF 2024 ON THE FILES OF THE MUNSIFF COURT, NEYYATTINKARA 2024:KER:83603

EXHIBIT R10(A) TRUE COPY OF COMPLAINT VIDE ROC 27280/18/NS-I DATED 17.4.2023 BY THE TEMPLE ADVISORY COMMITTEE BEFORE THE HON'BLE DEVASWOM MINISTER

EXHIBIT R10(B) TRUE COPY OF THE COMPLAINT NO.309 DATED 14.3.2024 MADE BY SUB GROUP OFFICER, ARAYOOR OF PETITIONER TO THE STATION HOUSE OFFICER OF POZHIYOOR POLICE STATION

 
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