Disposed

Sree Darma Sastha (Major) Temple Advisory Committee v. Travancore Devaswom Board

Kerala HC17 Nov 2014WP(C)/10694/2014

Case brief

AI extract

What is this about?

A writ petition regarding recovery of temple properties from encroachers and expedited construction of temple structures was admitted. The bench directed the District Collector to assist in surveying encroached land and the Board with the Chief Engineer to complete construction estimates within six weeks.

What did the court decide?

District Collector directed to provide survey staff; Travancore Devaswom Board and Chief Engineer directed to complete temple construction steps within six weeks.

Sree Darma Sastha (Major) Temple Advisory Committee Vs… — Property and Title | Kerala HC (2014)

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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 SMT. JUSTICE P.V.ASHA

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MONDAY, THE 17TH DAY OF NOVEMBER 2014/26TH KARTHIKA, 1936 WP(C).No. 10694 of 2014 (J)

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PETITIONER:

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SREE DARMA SASTHA (MAJOR) TEMPLE ADVISORY COMMITTEE PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY, ARUN K S/O.K.K.KUTTAPPAN,AGED 44 YEARS LILA SADANAM, MUNDAKOTTACKAL P.O. PATHANAMTHITTA.

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BY ADVS.SRI.ARUN.B.VARGHESE SRI.JAYKAR.K.S.

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RESPONDENTS:

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TRAVANCORE DEVASWOM BOARD REPRESENTED BY SECRETARY, NANTHANCODE THIRUVANANTHAURAM-695 001.

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THE COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE THIRUVANANTHAURAM-695 001.

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THE EXECUTIVE ENGINEER TRAVANCORE DEVASWOM BOARD, NANTHANCODE THIRUVANANTHAURAM-695 001.

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THE ADMINISTRATIVE OFFICER SREE DHARMA SASTHA (MAJOR) TEMPLE PATHANAMTHITTA DISTRICT-689 645.

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THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR PATHANAMTHITTA DISTRICT-689 645.

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R-R1-R4 BY ADV. SRI.P.GOPAL BY SR.GOVERNMENT PLEADER SRI.A.RENJITH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 10694 of 2014 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1.TRUE COPY OF THE REPRESENTATION DATED 5/11/2007 SUBMITTED BEFORE THE 5TH RESPONDENT EXT.P2.TRUE COPY OF THE REPRESENTATION DATED 3/10/2011 SUBMITTED BEFORE THE 1ST RESPSONDENT EXT.P3.TRUE COPY OF THE REPRESENTATION DATED 20/2/2014 3/10/2011 SUBMITTED BEFORE THE 1ST RESPSONDENT

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/TRUE COPY/

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PA TO JUDGE

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T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.

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W.P.(C)No.10694 O 2014

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- - - - Dated this the 17^th day of November, 2014

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JUDGMENT

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Ramachandran Nair, J.

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This writ petition is filed by the Temple Advisory Committee through its Secretary of the Sree Darma Sastha ( Major) Temple, Pathanamthitta. They have highlighted their main grievance with regard to speedy steps to be taken for recovering temple properties from encroachers. They have also sought for construction of Valiyambalam, Balikalpura, Mulayara, Chuttambalam and to expedite the said process. 2. The learned Standing Counsel for the Board has filed an affidavit through the Secretary of the Board. It is clear from paragraph 5 of the affidavit that the Special Tahsildar, (Land Conservancy) of the Travancore Devaswom Board along with his survey team visited the temple property on 18.6.2014. It is found that there is encroachment of the temple land especially on the pathway

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W.P.(C)No.10694/2014 2

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leading towards the temple from Pathanamthitta-Kumbazha road. It is stated that in order to ascertain the actual extent of encroachment of the temple land, measurement has to be done with the help of Taluk Surveyor, office of the Taluk Office, Kozhenchery Taluk. It is also stated that after identifying the encroachers of the temple land, they have to be evicted by resorting the provisions contained in the Kerala Land Conservancy Act.

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With regard to the construction of various structures in the temple, it is clear from paragraph 6 that the Maramath Wing has prepared estimate for construction of compound wall. As of now it is seen that after taking various steps, the matter is still pending consideration before the Chief Engineer.

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With regard to the construction of Nalambalam and Balikkalpura, the Board has granted administrative sanction for preparing the estimate. Therein also it is seen that the matter is pending before the Chief Engineer after completion of various procedures.. With regard to the construction of Devaswom office also, the matter is pending consideration before the Chief Engineer and therein also

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W.P.(C)No.10694/2014 3

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various procedures have been completed.

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The learned counsel for the petitioner highlighted two

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aspects. One is regarding the necessity to complete the survey and measurement within a short time and proceed against the persons who are in possession of temple properties illegally. As regards the construction, it is submitted that even now the matter is pending before the Chief Engineer and the Board may have to be directed to take a decision within a short time.

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The learned Standing Counsel for the Board submits that as regards the measurement of property is concerned, the officials of the Revenue Department may have to be directed to take steps. Therefore, we direct the District Collector, Pathanamthitta to make available the service of Taluk Surveyor and other necessary staff for conducting the measurement and survey for which the Board and its officers will place the details before the District Collector. As regards the finalization of estimate and completion of necessary works in the temple, we direct the Travancore Devaswom Board and the Chief Engineer to see that the

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remaining steps are completed within a period of six weeks from the

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W.P.(C)No.10694/2014

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date of receipt of a copy of this judgment. Evey effort will be taken to

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see that the contract works are completed without unnecessary delay.

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The writ petition is disposed of accordingly.

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T.R.RAMACHANDRAN NAIR, JUDGE

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P.V.ASHA, JUDGE

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sv.

Sree Darma Sastha (Major) Temple Advisory Committee v. Travancore Devaswom Board

Case brief

What is this about?

What did the court decide?

Sree Darma Sastha (Major) Temple Advisory Committee v. Travancore Devaswom Board

Case brief

What is this about?

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