Kerala High Court
Vinod K vs Travancore Devaswom Board on 30 January, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.P.(C)No.3256 of 2025 1 2025:KER:7663
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 30TH DAY OF JANUARY 2025/10TH MAGHA, 1946
W.P.(C)NO.3256 OF 2025
PETITIONER:
VINOD K, AGED 51 YEARS
S/O. KUMARAN ACHARY SREE DURGA, PATHIYOOR EAST,
KEERIKKAD P.O., ALAPPUZHA, PIN - 690508
BY ADVS.SADCHITH.P.KURUP
C.P.ANIL RAJ; SIVA SURESH
ATHIRA VIJAYAN; B.SREEDEVI
SWATHI KRISHNA P.H.
RESPONDENTS:
1 TRAVANCORE DEVASWOM BOARD
REP. BY ITS SECRETARY, DEVASWOM BOARD OFFICE,
NANTHANCODE THIRUVANANTHAPURAM, PIN - 695003
2 DEVASWOM ASSISTANT COMMISSIONER
OFFICE OF THE DEVASWOM ASSISTANT COMMISSIONER,
KALLUMALA, MAVELIKARA, KERALA, PIN - 690110
3 THE SPECIAL TAHSILDAR (LAND CONSERVANCY)
TRAVANCORE DEVASWOM BOARD, NANTHANCODE,
THIRUVANANTHAPURAM, PIN - 695003
4 THE VILLAGE OFFICER
PATHIYOOR VILLAGE OFFICE, PATHIYOOR, PIN - 690106
5 SREEMANKULANGARA DEVASWOM
REP. BY ITS SECRETARY, PATHIYOOR VILLAGE,
KEERIKKAD P.O., KARTHIKAPPILLY, PIN - 690508
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP
SRI. G. SANTHOSH KUMAR, SC, TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.3256 of 2025 2 2025:KER:7663
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of Kuttikulangara Sree
Bhadrakali Temple, under the Pathiyoor Sub Group, which is a
temple under the management of the 1st respondent Travancore
Devaswom Board, has filed this writ petition under Article 226 of
the Constitution of India, commanding respondents 1, 3 and 4 to
comply with the directions contained in Ext.P5 order of this Court
dated 27.09.2024 in R.P.No.1006 of 2024. The petitioner has also
sought for a writ of mandamus commanding the 2nd respondent
Devaswom Assistant Commissioner to consider and pass orders
on Ext.P6 complaint dated 15.01.2025, within a time frame fixed
by this Court.
2. On 28.01.2025, when this writ petition came up for
admission, the learned counsel for the petitioner was directed to
address arguments on the maintainability of the 1st relief in a writ
petition filed under Article 226 of the Constitution of India.
3. Heard the learned counsel for the petitioner and the
learned Standing Counsel for the Travancore Devaswom Board
for the respondents.
4. The petitioner had earlier approached this Court in
W.P.(C)No.2568 of 2019, followed by W.P.(C)No.28292 of 2024.
W.P.(C)No.3256 of 2025 3 2025:KER:7663
W.P.(C)No.28292 of 2024 was disposed of by Ext.P4 judgment
dated 05.09.2024. Paragraphs 3 to 5 of that judgment read thus;
"3. Ext.P3 is the judgment in W.P.(C)No.2568 of 2019.
Similar reliefs in respect of the property in dispute were
claimed in the said writ petition. Noticing that a civil suit
was pending before the competent civil court concerning
the matter in issue, this Court closed that writ petition,
without prejudice to the rights and liberties of the parties
to pursue the proceedings before the civil court.
4. As per Ext.P4 judgment the said civil suit, O.S.No.336
of 2018, was dismissed. The learned Standing Counsel for
the Travancore Devaswom Board would submit that an
appeal filed against Ext.P4 judgment is pending before the
Additional District Court, Mavelikkara as A.S.No.44 of
2023. It is also submitted that another suit, O.S.No.414 of
2018, filed by the person who allegedly trespassed upon 4
cents of property belonging to the Temple is pending
consideration of the Munsiff's Court, Kayamkulam. The
dispute concerning right over the properties is pending
consideration of the competent civil courts. Therefore, the
matter cannot be decided in this writ petition. The
observations of this Court in Ext.P3 judgment is quite
relevant now as well.
5. In the circumstances, this writ petition is disposed of
leaving the parties to pursue their claims before the civil
courts, where the aforementioned proceedings are
pending.
5. Seeking review of Ext.P4 judgment 05.09.2024 in
W.P.(C)No.28292 of 2024, the petitioner had filed R.P.No.1006 of
W.P.(C)No.3256 of 2025 4 2025:KER:7663
2024, pointing out that the number of the appeal which is
pending before the Additional District Court, Mavelikkara,
reckoning which the writ petition was disposed of by Ext.P4
judgment, was wrong. The number of the appeal is A.S.No.44 of
2024 and not A.S.No.44 of 2023. By Ext.P5 order dated
27.09.2024, this Court disposed of that review petition.
Paragraph 7 of that order reads thus;
"7. In the light of the law laid down in the aforementioned
decisions, respondent Nos.1 to 3 have the solemn duty to
see that the property belonging to the Major Pathiyoor
Kuttikulangra Sree Durga Devi Temple is resumed without
inordinate delay. Therefore, while allowing this review
petition to the extent mentioned above, respondents Nos.1
to 3 are directed to take steps to get the aforementioned
appeal disposed of at the earliest and subject to the result
of the appeal to take necessary action in terms of Exts.P1
and P2, expeditiously."
6. As evident from Ext.P9 daily case status of A.S.No.44
of 2024 on the file of the Additional District Court-I, Mavelikkara,
the said appeal filed by the 5th respondent Sreemankulangara
Devaswom has already been admitted and the matter was posted
to 28.01.2025, awaiting return of notice on the 2nd respondent.
7. When the direction contained in Ext.P4 judgment
dated 05.09.2024 in W.P.(C)No.28292 of 2024, as modified by
Ext.P5 order dated 27.09.2024 in R.P.No.1006 of 2024, is one
W.P.(C)No.3256 of 2025 5 2025:KER:7663
directing the respondents 1 to 3 to take steps to get the
aforementioned appeal disposed of at the earliest and subject to
the result of the appeal to take necessary action in terms of
Exts.P1 and P2, expeditiously, the petitioner cannot file another
writ petition before this Court, during the pendency of that
appeal, seeking interference of this Court.
8. We also notice that O.S.No.357 of 2024 filed by the
5th respondent Sreemankulangara Devaswom, against the
petitioner herein and two others, who are members of the Temple
Advisory Committee of Kuttikulangara Sree Bhadrakali Temple,
is pending before the Munsiff Court, Kayamkulam, in which the
Munsiff Court has granted temporary injunction, vide Ext.P8
order dated 15.11.2024 in I.A.No.1 of 2024. In the said suit, the
Travancore Devaswom Board represented its Secretary is not
made a party, though in paragraph 3 of the plaint in O.S.No.357
of 2024, the plaintiff has stated that Kuttikulangara Sree
Bhadrakali Temple is under the Management of the Travancore
Devaswom Board and that the defendants are the members of
the Temple Advisory Committee of Kuttikulangara Sree
Bhadrakali Temple.
In such circumstances, this writ petition is closed, taking
note of the pendency of A.S.No.44 of 2024 on the file of the
W.P.(C)No.3256 of 2025 6 2025:KER:7663
Additional District Court-I, Mavelikkara. The legal and factual
contentions raised by the petitioner are left open.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MIN
W.P.(C)No.3256 of 2025 7 2025:KER:7663
APPENDIX OF WP(C) 3256/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER DATED 17.12.2010
IN THE NAME OF THE 5TH RESPONDENT
Exhibit P2 A TRUE COPY OF THE CORRIGENDUM DATED
11.1.2011
Exhibit P3 A TRUE COPY OF THE JUDGMENT DATED 19.3.2019
Exhibit P4 A TRUE COPY OF THE JUDGEMENT IN WPC
NO.28292/2024 DATED 05.09.2024
Exhibit P5 A TRUE COPY OF THE JUDGEMENT IN RP
NO.1006/2024 DATED 27.09.2024
Exhibit P6 A TRUE COPY OF COMPLAINT GIVEN TO 2ND
RESPONDENT DATED 15.01.2025
Exhibit P7 A TRUE COPY OF THE PLAINT IN OS NO.357/2024
DATED 13.11.2024
Exhibit P8 A TRUE COPY OF THE INJUNCTION ORDER DATED
15.11.2024 GRANTED IN OS NO.357/2024
Exhibit P9 A TRUE COPY OF THE E COURT PROCEEDINGS
DATED 05.12.2024 IN AS 44 /2024 BEFORE
ADDITIONAL DISTRICT COURT, MAVELIKARA
