This writ petition by the temple was filed to restrain respondents from acquiring temple land and for passing orders on an application. The petition was dismissed as withdrawn without prejudice on August 23, 2023.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 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(C) NO. 20706OF 2023
PETITIONERS:
1 MAMANIKKUNNU SREE MAHADEVI TEMPLE REPRESENTED BY ITS EXECUTIVE OFFICER, MAMANAM, P.O., IRIKKUR, KANNUR, PIN - 6705932 EXECUTIVE OFFICER
MAMANIKKUNNU SREE MAHADEVI TEMPLE, MAMANAM, P.O.,
IRIKKUR, KANNUR. RESIDING AT MANIYARA HOUSE,
CHERUVATHUR, KASARAGOD DISTRICT., PIN - 670593
BY ADVS.
BEJOY JOSEPH P.J.
M.RAMESH CHANDER (SR.)
BALU TOM
BONNY BENNY
GOVIND G. NAIR
RESPONDENTS:
1 COMMISSIONER MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPPALAM P.O., CALICUT., PIN - 6730062 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR., PIN - 6700013 SPECIAL TAHSILDAR (LA) KINFRA, MATTANNUR, KANNUR., PIN - 6706024 VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICER PATTANNUR VILLAGE, KANNUR., PIN - 6706025 KERALA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION (KINFRA) REPRESENTED BY ITS MANAGING DIRECTOR, BUILDING NO. TC 31/2312,WP(C) NO. 20706 OF 2023
2
THIRUVANANTHAPURAM, PIN - 695010
BY ADV SRI.R.LAKSHMI NARAYAN, SC, MALABAR DEVASWOM
BOARD
OTHER PRESENT:
SRI.RAJMOHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 20706 OF 2023
3
JUDGMENT
Anil K. Narendran, J.
The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking an appropriate writ restraining or forbearing respondents 2 to 5 from acquiring 12 cents of land in ReSy.No.183/1 of Kodolipram desom which is in the possession of Mamanikkunnu Sree Mahadevi Temple. The petitioners have also sought for a writ of mandamus commanding the 3rd respondent to consider and pass orders on Ext.P6 application dated 13.06.2023, after taking note of the earlier orders and after giving an opportunity to the petitioners of being heard.
WP(C) NO. 20706 OF 2023
4
their right to file a fresh writ petition with appropriate pleadings and proper parties in the party array.
Based on the aforesaid submission made by the learned counsel for the petitioners, this writ petition is dismissed as withdrawn, without prejudice to the aforesaid right of the petitioners.
Sd/-
ANIL K.NARENDRAN
JUDGE
Sd/-
P.G. AJITHKUMAR
JUDGE
SVP
WP(C) NO. 20706 OF 2023
5
APPENDIX OF WP(C) 20706/2023
PETITIONER EXHIBITS
Exhibit P1 |
PHOTOSTAT COPY OF THE SCHEME DATED04.12.2006 ISSUED BY THE DEPUTYCOMMISSIONER OF THE BOARD. |
|---|---|
Exhibit P2 |
PHOTOSTAT COPY OF THE APPLICATION FILEDBEFORE THE DISTRICT COLLECTOR DATED15.02.2021. |
Exhibit P3 |
PHOTOSTAT COPY OF THE APPLICATION TO THEVILLAGE OFFICER, PATTANNUR VILLAGE DATED15.02.2021. |
Exhibit P4 |
PHOTOSTAT COPY OF THE ORDER NO. B16/2020 DATED 24.01.2022 ISSUED BY THE3RD RESPONDENT. |
Exhibit P5 |
PHOTOSTAT COPY OF THE REPRESENTATION TOTHE 2ND AND 3RD RESPONDENT DATED18.11.2022 WITHOUT THE SURVEY SKETCH |
Exhibit P6 |
PHOTOSTAT COPY OF THE APPLICATION TO THERESPONDENTS 3 AND 5 DATED 13.06.2023. |
MAMANIKKUNNU SREE MAHADEVI TEMPLE REPRESENTED BY ITS EXECUTIVE OFFICER
EXECUTIVE OFFICER MAMANIKKUNNU SREE MAHADEVI TEMPLE
COMMISSIONER MALABAR DEVASWOM BOARD
THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR
SPECIAL TAHSILDAR (LA) KINFRA, MATTANNUR, KANNUR
VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICER PATTANNUR VILLAGE, KANNUR
ANIL K.NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
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