Adavi Kula Daivam (Kottoor Swami) vs P.G. Vasudevan Nair
2024 Latest Caselaw 28504 Ker

Kerala High Court

Adavi Kula Daivam (Kottoor Swami) vs P.G. Vasudevan Nair on 25 September, 2024

Author: P Gopinath

Bench: P Gopinath

                                                          2024:KER:71275



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

   WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                           RP NO. 217 OF 2024

        AGAINST THE ORDER/JUDGMENT DATED 20.07.2023 IN WP(C) NO.5971

OF 2023 OF HIGH COURT OF KERALA

REVIEW PETITIONER/NOT PARTY IN THE WRIT PETITION:

    1       ADAVI KULA DAIVAM (KOTTOOR SWAMI)
            TEMPLE PROTECTION COUNCIL, PERISSERI,CHENGANNUR
            REPRESENTED BY ITS PRESIDENT SETHUPAL
            S/O.LATE.CHELLAPPAN POOVAPPALLIL HOUSE, PERISSERI,
            CHENGANNUR ALAPPUZHA DISTRICT, PIN - 689126

    2       BINU T , AGED 41 YEARS
            S/O.LATE. CHELLAPPAN 7B, HARIJAN COLONY,PERISSERI
            CHENGANNUR ALAPPUZHA DISTRICT
            SECRETARY ADAVI KULA DAIVAM (KOTTOOR SWAMI) TEMPLE
            PROTECTION COUNCIL PERISSERI, CHENGANNUR, ALAPPUZHA
            DISTRICT, PIN - 689126


            BY ADVS.
            V.PHILIP MATHEWS
            ASHISH MATHEW JOHN


RESPONDENT/S:

    1       P.G. VASUDEVAN NAIR , AGED 56 YEARS
            S/O. GOPALAN NAIR, RESIDING AT KARAZHMAYIL HOUSE
            PERISSERYP.O, CHENGANNUR, ALAPPUZHA, PIN - 689126

    2       THE DISTRICT COLLECTOR COLLECTORATE,
            CIVIL STATION WARD, ALAPPUZHA DISTRICT,
             PIN - 688001
                                                            2024:KER:71275
RP NO. 217 OF 2024                 2


    3       TAHSILDAR ( L R ) ,CHENGANNUR TALUK OFFICE,
             MINI CIVIL STATION CHENGANNUR ALAPPUZHA DISTRICT,
             PIN - 689121

    4       ASSISTANT EXECUTIVE ENGINEER
            PIP DIVISION, CHENGANNUR, ALAPPUZHA DISTRICT, PIN -
            689122

    5       THE ASSISTANT EXECUTIVE ENGINEER
            MINOR IRRIGATION DIVISION, CHENGANNUR,
            ALAPPUZHA, PIN - 689122


            BY ADV T.B.REMANI
            SMT. JASMINE M.M, GP


     THIS   REVIEW   PETITION   HAVING   COME   UP   FOR   ADMISSION   ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                            2024:KER:71275
RP NO. 217 OF 2024                   3



                                 JUDGMENT

Having heard the learned counsel appearing for the

Review Petitioners and the learned counsel appearing for the

writ petitioner, I find no grounds made out for review of the

impugned judgment dated 20.07.2023 in W.P.(C.) No.5971 of

2023. However, considering the submission of the learned

counsel appearing for the review petitioners that a suit is

pending, it is directed that, status quo, as on today, shall be

maintained for a period of one month to enable the review

petitioners to seek appropriate reliefs from the civil court. If

any application is filed for interim relief, the same shall be

considered on its merits by the court before which the suit is

pending.

Sd/-

GOPINATH P. JUDGE ajt 2024:KER:71275

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE NOTICE REGARDING WELCOME TO PAZHAYATTIL AMMA AS PART OF PERISSERI PAZHAYATTIL TEMPLE FESTIVAL AND SYMBOLIC SACRIFICE IN THE ADAVIKULA DAIVAM (KOTTOOR SWAMI) TEMPLE ON 30-12-2018

Annexure A2 . TRUE COPY OF OBJECTION DATED NIL SUBMITTED BY MYSELF AND THE SECOND PETITIONER BEFORE THE FIFTH RESPONDENT AGAINST THE NOTICE DATED 29-12-2023

Annexure A3 TRUE COPY OF THE ORDER NUMBER D1.385/GENERAL, DATED 17-01-2024 FROM THE FIFTH RESPONDENT ISSUED TO THE PETITIONER

Annexure A4 TRUE COPY OF THE NOTICE NUMBER D1-385/GENERAL DATED 03-02-2024 FROM THE FIFTH RESPONDENT ISSUED TO THE PETITIONER

Annexure A5 TRUE COPY OF RELEVANT PAGES OF THE NOTICE PUBLISHED BY FESTIVAL COMMITTEE OF ‘1489 N.S.S KARAYOGAM' DATED 27.12.2023 REGARDING ‘KUMBHA KARTHIKA MAHOLSAVAM' CONDUCTED ON 2024 FEBRUARY 16 AND RECEIVING ‘PARAKKEZHUNNALATHU' ON 31.1.2024 AT ADAVIKULA DAIVAM (KOTTOOR SWAMI) AS PART OF FESTIVAL OF SRI PAZHAYATTIL DEVI TEMPLE

Annexure A6 4) TRUE COPY OF THE PHOTOGRAPHS SHOWING RECEPTION OF ‘PARAKKEZHUNNALATHU' FROM SRI PAZHAYATTIL DEVI TEMPLE ON 31.1.2024 AT ADAVIKULA DAIVAM (KOTTOOR SWAMI)

Annexure A7 TRUE COPY OF THE PHOTOGRAPHS SHOWING CUSTOMARY RITUALS AT ADAVIKULA DAIVAM (KOTTOOR SWAMI)

RESPONDENT ANNEXURES Annexure R1(a) True copies of the letter dated 16-06-2023 issued by the assistant engineer, Minor irrigation Division Chenganoor 2024:KER:71275

Annexure R1(c) True copy of the OS No.211/2023 filed by the review petitioners before the Munsiff Court, Chengannur

Annexure R1(d) True copy of the report submitted by the 3rd respondent, the Tahsildar (LR), on 22-12- 2023, to the 2 nd respondent, District collector

Annexure R1(b) True copies of the letter dated 20-07-2023 issued by the assistant engineer, Minor irrigation Division Chenganoor