Disposed

Chirakkal Kovilakam Devaswoms - Rep. by Its Executive Officer v. State of Kerala - Rep. by Secretary to Revenue (Devaswoms) Department

Kerala HC1 Nov 2018WP(C)/10573/2018

Case brief

AI extract

What is this about?

The High Court held that the issues regarding the disputed property in the present writ petition are covered by the judgment in W.P.(C)No.38100/2017. The Court directed the District Collector to complete the investigation under Section 94A of the HRE Act as per the earlier order, covering the entire property in question.

What did the court decide?

The Court directed the District Collector to act in terms of the judgment in W.P.(C)No.38100/2017 and cause investigation under Section 94A of the HRE Act.

Chirakkal Kovilakam Devaswoms - Rep. by Its Executive… — Property and Title | Kerala HC (2018)

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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 P.R.RAMACHANDRA MENON

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THE HONOURABLE MR.JUSTICE DEVAN RAMACHANDRAN

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THURSDAY, THE 01ST DAY OF NOVEMBER 2018/10TH KARTHIKA, 1940

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W.P.(C)No.10573 of 2018

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PETITIONER:

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CHIRAKKAL KOVILAKAM DEVASWOMS - REP. BY ITS EXECUTIVE OFFICER, CHIRAKKAL KOVILAKAM DEVASWOMS, KANNUR-670 011.

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BY ADV. SRI.MAHESH V RAMAKRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA - REP. BY SECRETARY TO REVENUE (DEVASWOMS) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE COMMISSIONER, MALABAR DEVAWWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM, KOZHIKODE-675 051.

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3 ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, THALASSERY DIVISION, THIRUVANGAD.P.O, KANNUR-670 303.

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4 THE DISTRICT POLICE CHIEF, KANNUR-670 002.

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5 THE SUB INSPECTOR OF POLICE, PAZHAYANGADI POLICE STATION, ERIPURAM,P.O.PAZHAYANGADI, KANNUR-670 303.

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6 THE DISTRICT COLLECTOR, KANNUR-670 001.

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W.P.(C)No.10573 of 2018

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7 THE VILLAGE OFFICER, MADAYI, KANNUR-670 301.

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8 THE TAHSILDAR, KANNUR TALUK, KANNUR-670 001.

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9 PADINHARE PURAYIL BUSHRA, AGED 4O YEARS, D/O.IBRAHIM, MATTOOL AMSOM DESOM, P.O. MATTOOR NORTH, KANNUR-670 326.

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10 MAMU.C.H, AGED YEARS, S/O HUSSAIN, AYISHAS, CHELERI AMSOM, KARAYAPPU DESOM, KAYYANKOD, P.O.CHELERI, KANNUR-670 604.

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BY ADVS. K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH SRI.M.V.AMARESAN SRI.PHILJO VARUGHESE PHILIPS

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OTHER PRESENT:

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SMT. P.K. RADHIKA FOR MDB AND SR.G.P. SRI. P.P. THAJUDEEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.10573 of 2018

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JUDGMENT

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Devan Ramachandran, J

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When we took up this writ petition for consideration, we noticed that, we had already considered the issues relating to the property in question, albeit with regard to another portion of it, in an earlier writ petition, filed by the petitioner herein-Chirakkal Kovilakom Devaswoms, namely, W.P. (C)No.38100/2017, wherein we have directed the District Collector to complete an enquiry under Section 94A of the Hindu Religious and Charitable Endowments Act (for short 'H,R & C.E. Act'), with respect to this property, after affording an opportunity of being heard to the competent official of the Devaswom Board as also to all other persons who are vitally interested.

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2. We are of the view that we do not require to say anything further in this writ petition, since our views and observations in the judgment in W.P. (C)No.38100/2017 would cover the issues herein also,

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W.P.(C)No.10573 of 2018

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since the property involved is the same and the exercise to be completed by the District Collector in terms of that judgment would obviously cover this property also.

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3. In these circumstances, we order in this writ petition and direct the District Collector to act in terms of the judgment in W.P.(C)No.38100/2017 and to cause investigation in terms of law, implicitly complying with the directions in the aforementioned judgment.

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Since we have ordered the District Collector to be in seizin of the issues relating to the property in question, all the activities hence forth in it will be under his close supervision and scrutiny.

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This Writ Petition is thus ordered.

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Sd/-

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P.R.RAMACHANDRA MENON

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JUDGE

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Sd/-

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DEVAN RAMACHANDRAN