A writ petition filed as a devotee seeking to remove illegal encroachments on Sree Parthasarathy Temple property and protect it from stray intrusions was dismissed due to the pendency of a civil suit before the Munsiff's Court regarding the same property, with legal and factual contentions left open.
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WP(C) No.1375 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944 WP(C) NO. 1375 OF 2023
PETITIONER/S:
RAMACHANDRAN NAIR, AGED 60 YEARS S/O. MADHAVAN PILLAI, AMBADY PURAYIDOM, PUNCHAVAYAL.P.O., ERUMELI NORTH VILLAGE, KOTTAYAM DISTRICT, PIN - 686513 BY ADV S. PRAKASH
RESPONDENT/S:
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8 THE SECRETARY MUNDAKAYAM GRAMA PANCHAYAT, KOTTAYAM DISTRICT, PIN - 686513 9 JIJO MATHEW BUILDING CONTRACTOR, KOCHUPURACKAL, PARATHANAM POST, KOTTAYAM DISTRICT, PIN – 686514 SRI.RAJ MOHAN, SR.GP SRI.G. SANTHOSHKUMAR, SC FOR TDB SMT.CHITRA CHANDRASEKHARAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.1375 of 2023
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J U D G M E N T
Anil K.Narendran, J.
The petitioner, who is a devotee of Lord Parthasarathy of Mundakkayam Sree Parthasarathy Temple under the management of the 2nd respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding respondents 2 to 5 to retrieve the property of Mundakayam Sree Parthasarathy Temple having an extent of 11.76 Acres situated in Re Survey No.447, 448, Block No.5 and Old Survey No.225/1 of Mundakayam Village in Kanjirapally Taluk and also to see that those properties are properly protected from the intrusion of strangers; and a writ of mandamus commanding respondents 2 to 6 to remove the illegal encroachments and constructions made by persons under Section 27 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 and under the relevant provisions of the Kerala Land Conservancy Act, 1957.
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implead the said Grama Panchayat as an additional respondent.
The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.
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Travancore Devaswom Board has already obtained an order of injunction against Mundakkayam Grama Panchayat on 23.12.2022, in I.A.No.1 of 2022.
In such circumstances, we find no reason to entertain this writ petition and the same is, accordingly, dismissed, in view of the pendency of the civil suit between the 2nd respondent Travancore Devaswom Board and the 8th respondent Grama Panchayat as O.S.No.348 of 2022; however, leaving open the legal and factual contentions raised by the petitioner.
Sd/-
ANIL K. NARENDRAN JUDGE
Sd/-
P.G. AJITHKUMAR JUDGE
jg
WP(C) No.1375 of 2023
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APPENDIX OF WP(C) 1375/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROHIBITORY ORDER DATED 08.10.2014 PASSED BY THE 4TH RESPONDENT . Exhibit P2 TRUE COPY OF THE ORDER NO.A2.222/2009 DT,28.5.2018 PASSED BY THE 4TH RESPONDENT Exhibit P3 P3(a) TRUE COPY OF THE PETITION PREFERRED BY P3(b) THE PETITIONER UNDER THE FIT.I. ACT DATED 04.06.2022 Exhibit P4 TRUE COPY OF THE PHOTOGRAPH OF THE MULTISTORIED BUILDING Exhibit P5 TRUE COPY OF THE REPORT OF THE 5 RESPONDENT DATED 08.08.2022 Exhibit P6 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 23.11.2022 BEFORE THE 3RD RESPONDENT
2 issues framed by the court
Whether to entertain a writ petition seeking removal of illegal encroachments on temple property when a civil suit on the same subject is already pending.
Whether the pendency of a civil suit involving the respondents and the petitioner comes under Article 226 of the Constitution.
Ramachandran Nair
State of Kerala
Travancore Devaswom Board
District Collector
Special Tahsildar
Assistant Devaswom Commissioner
Anil K. Narendran
P.G. Ajithkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
