Dismissed

The Poonilarkavu Shethram Shethra Samrakshan Samithy v. the State of Kerala

Kerala HC18 Aug 2023WP(C)/27337/2023

Case brief

AI extract

What is this about?

The Kerala High Court heard a writ petition seeking a declaration regarding Section 27 of the Travancore-Cochin Hindu Religious Institutions Act, 1950, and relief against encroachment. The petitioners sought withdrawal of the writ on the day of hearing.

What did the court decide?

Withdrawal of writ petition allowed without prejudice to right to file fresh petition.

The Poonilarkavu Shethram Shethra Samrakshan Samithy Vs… — Property and Title | Kerala HC (2023)

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W.P.(C)No.27337 of 2023

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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 ANIL K.NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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FRIDAY, THE 18TH DAY OF AUGUST 2023 / 27TH SRAVANA, 1945
WP(C) NO. 27337 OF 2023

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PETITIONERS:

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1 THE POONILARKAVU SHETHRAM SHETHRA SAMRAKSHAN SAMITHY, AGED 61 YEARS REPRESENTED BY ITS SECRETARY RAVEENDRAN, AGED 61 YEARS, S/O KRISHNAN NAIR, RESIDING IN THE ADDRESS ELAYATH HOUSE, KAVIL DESOM, KODAKARA P O, THRISSUR DISTRICT, PIN - 680684

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2 RAVEENDRAN, AGED 61 YEARS S/O KRISHNAN NAIR, RESIDING IN THE ADDRESS ELAYATH HOUSE, KAVIL DESOM, KODAKARA P O, THRISSUR DISTRICT, PIN - 680684 BY ADV G.SREEKUMAR (CHELUR)

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P O, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

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2 THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF DEVASWOM, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM P O, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

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3 THE SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAMP.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

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4 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL LINES ROAD, AYYANTHOLE P O, THRISSUR DISTRICT, PIN - 680003

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W.P.(C)No.27337 of 2023

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5 THE REVENUE DIVISIONAL OFFICER OFFICE OF THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA P O, THRISSUR DISTRICT, PIN - 680121

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6 THE TALUK TAHSILDAR MUKUNDAPURAM TALUK OFFICE, IRINJALAKUDA P O, THRISSUR DISTRICT, PIN - 680121

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7 THE VILLAGE OFFICER OFFICE OF THE VILLAGE OFFICER, KODAKARA VILLAGE OFFICE, KODAKARA P O, THRISSUR DISTRICT, PIN - 680684

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8 THE PRESIDING DEITY POONILARKAVU TEMPLE, KODAKARA P O, REPRESENTED BY ITS HEREDITARY TRUSTEE, JAYASOORYAN NAMBOOTHIRI, AGED 49, S/O NARAYAN NAMBOOTHIRI, PADINJAREKUNNATHU MANA, KODAKARA P O, THRISSUR DISTRICT, PIN - 680684

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9 JAYASOORYAN NAMBOOTHIRI AGED 49 YEARS S/O NARAYAN NAMBOOTHIRI, PADINJAREKUNNATHU MANA, KODAKARA P O, THRISSUR DISTRICT, PIN - 680684

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10 THE COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR P O, THRISSUR DISTRICT, PIN - 680001

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11 THE JUNIOR SUPERINTENDENT OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR P O, THRISSUR DISTRICT, PIN - 680001

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12 THE SPECIAL TALUK TAHSILDAR COCHIN DEVASWOM BOARD OFFICE OF THE COCHIN DEVASWOM BOARD, ROUND NORTH, THRISSUR P O, THRISSUR DISTRICT, PIN - 680001

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13 THE KODAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PANCHAYATH OFFICE,KODAKARA P O, THRISSUR DISTRICT, PIN - 680684

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14 BENNY GEORGE, AGED 52 YEARS S/O GEORGE, RESIDING IN THE ADDRESS MALIYEKKAL HOUSE, GANDHI NAGAR, KODAKARA P O, THRISSUR DISTRICT, PIN - 680684

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BY ADV.S. RAJ MOHAN, SR.GP ADV.K.P.SUDHEER, SC FOR CDB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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18.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.27337 of 2023

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JUDGMENT

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Anil K. Narendran, J.

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The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that Section 27 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 applies to all temples under the area for which that statute applies; in the alternative, to declare that the said provision is violative of the Constitution of India on account of the discrimination that it creates a class within a class; and a writ of mandamus commanding respondents 1 to 9 to take urgent and immediate steps to remove the encroachment especially that of the 14^th respondent, in the light of the report submitted as evidenced by Ext.P10, within a specified time limit.

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Today, when the matter is taken up for admission, the learned counsel for the petitioners seeks permission to withdraw this writ petition, without prejudice to the right of the petitioners to file a fresh writ petition with a proper challenge against Sections 27 and 62A of the Travancore-Cochin Hindu Religious Institutions Act, 1950.

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In such circumstances, based on the aforesaid submission made by the learned counsel for the petitioners, this writ petition

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W.P.(C)No.27337 of 2023

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is dismissed as withdrawn, without prejudice to the aforesaid

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right of the petitioners.

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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P.G. AJITHKUMAR, JUDGE

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The Poonilarkavu Shethram Shethra Samrakshan Samithy v. the State of Kerala

Case brief

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What did the court decide?

The Poonilarkavu Shethram Shethra Samrakshan Samithy v. the State of Kerala

Case brief

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What did the court decide?

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