Disposed

The Secretary, Major Sree Mahalakshi Sree Mahadevar Kshetra Upadesaka Samithi v. the State of Kerala

Kerala HC9 Oct 2013WP(C)/10254/2013

Case brief

AI extract

What is this about?

Two writ petitions concerning the Major Sree Mahalakshmi Sree Mahadevar Temple in Kollam were disposed of. The court directed petitioners to seek other remedies regarding construction and access issues, refusing to issue directions without considering the Devaswom Board's proposed action.

What did the court decide?

The writ petitions were closed and disposed of without any decision on merits or specific directions issued.

The Secretary, Major Sree Mahalakshi Sree Mahadevar… — Writ and Judicial Review | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR &

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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WEDNESDAY, THE 9TH DAY OF OCTOBER 2013/17TH ASWINA, 1935

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WP(C).No. 10254 of 2013 (F)

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PETITIONER(S):

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THE SECRETARY, MAJOR SREE MAHALAKSHI SREE MAHADEVAR KSHETRA UPADESAKA SAMITHI, LAKSHIMINADA KOLLAM 13

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BY ADV. SRI.T.R.RAVI

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RESPONDENT(S):

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THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEVASWOM DEPARTMENT, THIRUVANANTHAPURAM

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THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHENCODE THIRUVANANTHAPURAM

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THE ASSISTANT DEVASWOM COMMISSIONER, (KOLLAM GROUP), BEHIND ANANDAVALLESWARAM TEMPLE KOLLAM 691012 4. THE SUB GROUP OFFICER, LAKSHMINADA, SREE MAHALAKSHMI TEMPLE, KOLLAM 13 5. THE SUB INSPECTOR OF POLICE, PALLITHOTTAM POLICE STATION, PALLITHOTTAM, KOLLAM 6. RADHAMANI AMMA, GOPISADAN, LEKSHMINADA, HOUSE NO XXII/324 VALIYAKADA CHERRY, KOLLAM WEST VILLAGE, KOLLAM 13 7. SARADA LEKSHMI, D/O RADHAMANI AMMA, GOPISADAN, LEKSHMINADA HOUSE NO XXII/324, VALIYAKADA CHERRY KOLLAM WEST VILLAGE, KOLLAM 13 8. AKASH ANIL (MINOR), GOPISADAN, LEKSHMINADA, HOUSE NO XXII/324 VALIYAKADA CHERRY, KOLLAM WEST VILLAGE, KOLLAM 13 REPRESENTED BY HIS MOTHER SARADA LEKSHMI (7TH RESPONDENT) 9. KAMALAMMAL, AMK BUILDING, VALIYAKADA CHERRY, KOLLAM WEST VILLAGE KOLLAM 13 10. BABU ANUPAMA, ANUPAMA, LAKSHMI NADA, HOUSE NO XXII/203/8-1-2 VALIYAKADA CHERRY, KOLLAM WEST VILLAGE, KOLLAM 13

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WP(C).No. 10254 of 2013 (F)

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KOLLAM TOWN NSS KARAYOGAM, NO 913, KOLLAM, REPRESENTED BY ITS SECRETARY SURENDRANATHAN UNNITHAN, MANMOHAN BUILDING, 93, VIDHYA NAGAR, KOTTAMUKKU, CUTCHERRY DIVISION KOLLAM 13 12. S. RAJAKRISHNAN, THIRUKARTHIKA, NO 2, VIDHYA NAGAR CUTCHERRY P.O, KOTTAKKAKAM WARD, KOLLAM WEST VILLAGE KOLLAM 13 R2-R4 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD R6-R12 BY ADV. SRI.R.NIKHIL R BY GOVERNMENT PLEADER SHRI A.RANJITH R BY SRI.A.N.RAJAN BABU, SC, TRAVANCORE DEVASWOM BOARD

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2013, ALONG WITH WPC. 14294/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10254 of 2013 (F) ----------------------------

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APPENDIX

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PETITIONER(S)' EXHIBITS ------------------------------------EXHIBIT P1 TRUE COPY OF THE REQUEST DATED 15-08-2012 EXHIBIT P2 TRUE COPY OF THE ORDER DATED 15-02-2013 EXHIBIT P3 TRUE COPY OF THE PLAINT IN O.S 124/2013 EXHIBIT P4 TRUE COPY OF THE SKETCH PREPARED BY COMMISSIONER EXHIBIT P5 TRUE COPY OF THE PHOTOGRAPH EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPH EXHIBIT P7 TRUE COPY OF THE PHOTOGRAPH EXHIBIT P8 TRUE COPY OF THE PHOTOGRAPH EXHIBIT P9 TRUE COPY OF THE LETTER DATED 23-03-2013

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RESPONDENT(S)' EXHIBITS: NIL ------------------------

\True copy//

P.A to Judge

T.R. RAMACHANDRAN NAIR & B.KEMAL PASHA, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~

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W.P.(C).Nos.10254/2013 & 14294/2013 ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9^th day of October, 2013

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J U D G M E N T

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Ramachandran Nair, J.

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Both these writ petitions relates issues in respect of the same Temple.

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In W.P.(C).No.10254/2013, the main prayer is to direct

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respondent Nos.2 to 4 to take all necessary steps to put up the gate in front

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of the Major Sree Mahalakshmi Sree Mahadevar Temple, Lakshminada, Kollam immediately.

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In W.P.(C).No.14294/2013, the petitioners are seeking for a

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direction commanding the respondents not to interfere or limit or obstruct in

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any manner the petitioners absolute right of way and motorable access to

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their respective homes through the road leading to the Temple pond under the second respondent.

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In the first writ petition, the respondents have not filed any

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counter affidavit. As far as the second writ petition is concerned, the

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Travancore Devaswom Board which is the contesting respondent has filed

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W.P.(C).Nos.10254/2013 & 14294/2013

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-:2:-

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a counter affidavit. After hearing parties, we are of the view that the

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petitioners will have to resort to appropriate remedies, especially, in the

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light of the stand by the Board that they are proposing to take action under

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the Land Conservancy Act.

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Shri K.B.Pradeep learned counsel for the petitioners in W.P.

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(C).No.14294/2013 submitted that the petitioners will seek appropriate

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remedies before the concerned forum or the Civil Court. Recording the

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same, the writ petition is closed. It is made clear that this Court has not

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decided anything on the merits or otherwise of the respective pleas of the parties.

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As far as W.P.(C).No.10254/2013 is also concerned, it is upto

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the Board to take appropriate decision in the matter and we are not issuing

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any specific direction in that regard. The writ petition is accordingly

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disposed of. No costs. Sd/-

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(T.R. Ramachandran Nair, Judge)

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Sd/-

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(B.Kemal Pasha, Judge)

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The Secretary, Major Sree Mahalakshi Sree Mahadevar Kshetra Upadesaka Samithi v. the State of Kerala

Case brief

What is this about?

What did the court decide?

The Secretary, Major Sree Mahalakshi Sree Mahadevar Kshetra Upadesaka Samithi v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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