Kerala High Court
Vasudevan P.V vs Venthrakkatt Mana Krishnan ... on 20 February, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.14593/2024 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Thursday, the 20th day of February 2025 / 1st Phalguna, 1946
WP(C) NO. 14593 OF 2024 (Y)
PETITIONER:
VASUDEVAN P.V, AGED 58 YEARS S/O KUTTIKKARU, PARAYAMVALAPPIL
KOLOLAMBU AMSOM, VENGINIKKARA DESOM, AYILAKKAD PO, PONNANI,
MALAPPURAM, PIN - 679576
RESPONDENTS:
1. VENTHRAKKATT MANA KRISHNAN NAMPOOTHIRI, MANAGER, KODILIL VISHNU
TEMPLE, VENGINIKKARA P.O, AYILAKKAD , EDAPPAL, MALAPPURAM, PIN -
679587
2. ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, TIRUR P.O,
MALAPPURAM, PIN - 676101
3. RAMAKRISHNAN K.N, S/O KELYBBI NAIR, THASSERYPARAMBIL KOLALAMBU
AMSOM, VENGINIKKARA DESOM, AYILAKKADU P.O, PIN - 679576
4. THE DISTRICT COLLECTOR, COLLECTORATE RD, UP HILL, MALAPPURAM P.O,
MALAPPURAM, PIN - 676505
5. THE TAHSILDAR, PONNANI P.O, MALAPPURAM , PIN - 679583
6. THE EDAPPAL GRAMA PANCHAYATH, HIGH SCHOOL ROAD, EDAPPAL PO,
MALAPPURAM REPRESENTED BY ITS SECRETARY, PIN - 679576
7. SUBHADRA W/O SREENIVASAN, KOTHERI, RAMANATTUKARA P.O, KOZHIKODE, PIN
- 673633
8. MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX ERANHIPPALAM PO. KOZHIKODE
REPRESENTED BY ITS SECRETARY, PIN - 673006
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to take immediate possession of the temple property extending 5.86
Ares in Re Sy No. 98/5 and 98/9 of Edappal Village owned by Kodilil Vishnu
Temple from the 3rd respondent;
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's Order dated
03.02.2025 and upon hearing the arguments of M/S.K.J.SAJI ISAAC, ELIZABETH
VARKEY & JITHIN SAJI ISAAC, Advocates for the petitioner, R. RANJANIE,
STANDING COUNSEL for R2 & R8, M/S. JAMSHEED HAFIZ & T.S SREEKUTTY,
Advocates for R3,SRI.S.RAJ MOHAN, SENIOR GOVERNMENT PLEADER for R4 & R5,
STANDING COUNSEL for R6 , Sri. JEN JAISON, Advocate for R7, the court
passed the following:
WP(C) No.14593/2024 2/5
W.P.(C) No. 14593 of 2024 1
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
-----------------------------------------------------------
W.P.(C) No. 14593 of 2024
-----------------------------------------------------------
Dated this the 20th day of February, 2025
ORDER
Anil K. Narendran, J.
The petitioner, who is a devotee of Kodilil Vishnu Temple, which
is a controlled institution under the 8th respondent Malabar
Devaswom Board, has filed this writ petition seeking a writ of
mandamus commanding respondents 1,2, 4 and 5 to take possession
of the temple property having an extent of 5.86 Ares in
Re.Sy.No.98/5 and 98/9 of Edappal Village from the 3rd respondent,
the alleged encroacher. The document marked as Ext.P2 is a copy of
the judgment dated 03.04.2017 in W.P.(C) No.8026 of 2017 of the
Division Bench of this Court dealing with Devaswom matters, in
respect of the very same Devaswom land. Pursuant to the direction
contained in Ext.P2 judgment, the petitioner therein moved the 4 th
respondent District Collector, Malappuram, invoking the provisions
under Section 94A of the Madras Hindu Religious and Charitable
Endowments Act, 1951. The said provision made applicable the
provisions of the Kerala Land Conservancy Act, 1957 in respect of all
lands belonging to the Malabar Devaswom Board and the religious
institutions, as defined under clause (15) of Section 6 of the said Act.
2. The petitioner in W.P.(C) No.8026 of 2017 submitted a
representation dated 01.08.2017 in which the 4th respondent District
Collector passed Ext.P8 order dated 11.09.2018. By that order, the
Tahsildar (Land Records), Ponnani, the 5th respondent herein, has
been directed to evict the encroachments in the Devaswom land of
Kodilil Vishnu Temple, comprised in Re.Sy.Nos.98/5 and 98/9 of
Edappal Village, invoking the provisions under Section 11 of the
Kerala Land Conservancy Act. The aforesaid order is under challenge
in W.P.(C) No.30849 of 2018, filed by the 3rd respondent herein, in
which an interim order was initially granted on 04.01.2019. The said
writ petition is now pending before the learned Single Judge.
3. Ext.P8 order dated 11.09.2018 of the 4th respondent
District Collector was followed by Ext.P9 order dated 15.02.2019
issued by the Secretary of 6th respondent Edappal Grama Panchayat,
whereby the 3rd respondent was directed to demolish the building
and compound wall unauthorisedly constructed in the Devaswom
land of Venginikkara Kodalil Vishnu Kshethram. Challenging Ext.P9
order, the 3rd respondent herein filed W.P.(C)No.6244 of 2019, which
is also pending before the learned Single Judge.
4. In such circumstances, Registry to place this matter
before the Honourable the Chief Justice, on administrative side, to
consider the question as to whether W.P.(C) No.30849 of 2018 and
W.P.(C) No.6244 of 2019 can be tagged along with this writ petition
for consideration by the Division Bench dealing with Devaswom
matters.
Post on 18.03.2025.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S, JUDGE
DMR/-
20-02-2025 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 14593/2024
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 03.04.2017 OF THE
HONOURABLE HIGH COURT OF KERALA IN W.P. (C) NO. 8026 OF
Exhibit P8 TRUE COPY OF ORDER NO. DC/MPM/3360/2017-B7 DATED
11.09.2018 PASSED BY THE DISTRICT COLLECTOR, MALAPPURAM
Exhibit P9 TRUE COPY OF ORDER NO. M5-2560/18 DATED 15.02.2019
ISSUED BY THE SECRETARY, EDAPPAL GRAMA PANCHAYATH TO
THE 3RD RESPONDENT
20-02-2025 /True Copy/ Assistant Registrar
