Petitioner sought to quash Devaswom Board meeting minutes allowing land use. Court observed the Board had already withdrawn the impugned decision via an order dated 19.08.2022. Writ petition disposed of factually, with status quo maintained pending revenue record correction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
MONDAY, THE 6TH DAY OF FEBRUARY 2023 / 17TH MAGHA, 1944
W.P.(C)NO.28599OF 2022
PETITIONER:
P.S.BABU SURESH,
ASHIRWARD HOUSE, PALLURUTHI NADA, KOCHI P.O. -
682006.
BY ADVS.
R.KRISHNA RAJ
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESPONDENTS:
1 COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD BUILDINGS, THRISSUR, PIN- 680 001.2 ASSISTANT DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, THRIPUNITHURA, PIN- 682 019.3 SPECIAL TAHSILDAR AND EXECUTIVE MAGISTRATE, LAND CONSERVANCY-COCHIN DEVASWOM BOARD, THRISSUR, PIN- 680 020.4 REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, X69V+2PX, FIRST FLOOR, KB JACOB ROAD, FORT KOCHI, KOCHI, KERALA, PIN – 682 001.5 STATE OF KERALA, REPRESENTED BY ITS REVENUE SECRETARY, GOVERNMENT OF KERALA, KERALA GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN-695001.2
W.P.(C)No.28599 of 2022
6 JUSTINE P.P., SUB INSPECTOR OF POLICE, PALLURUTHY POLICE STATION, KOCHI, PIN- 682 006.7 SUNIL THOMAS, CIRCLE INSPECTOR AND SHO OF POLICE PALLURUTHY POLICE STATION, KOCHI, PIN - 682 006.8 ANEESH.M.C., ASSISTANT PUBLIC PROSECUTOR, JUDICIAL FIRST CLASS MAGISTRATE COURT NO.2, KOCH, PIN - 682 006 .9 ADDL.R9. V.A.PAUL @ PAULOSE, VADASSERY HOUSE, PALLURUTHY, KOCHI, PIN - 682 006.10 ADDL.R10. VISWANATH BHATT, VAIBHAVA LAKSHMI NILAYAM, HOUSE NO.12/721, BEHIND AZHAKIYAKAVU BHAGAVATHY TEMPLE, PALLURUTHY NADA, KOCHI, PIN - 682 006.11 ADDL.R11. SONI K. FRANCIS,
(KOCHI CORPORATION COUNCILLOR - WARD NO.12)
KALAPPARAMBATHU HOUSE, ESI ROAD, KOCHI, PIN -
682 006 [ADDITIONAL R9 TO R11 ARE IMPLEADED AS
PER ORDER DATED 02.09.2022 IN I.A.1 OF 2022 IN
WP(C)28599 OF 2022.]
BY ADVS.
K.P.SUDHEER (SC)
N.N.SUGUNAPALAN (SR.)
S.SUJIN
OTHER PRESENT:
SRI S.RAJMOHAN – SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C)No.28599 of 2022
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P33 minutes of the meeting convened by the Devaswom on 05.07.2022 by the issue of a writ of certiorari; to restrain the respondents from implementing the decision taken in Ext.P33 minutes by giving away property of the Devaswom for establishing pathway by the issue of a writ of mandamus; take appropriate action against respondents 6 to 8 for misinterpreting and violating the directions contained in the judgment of this Court dated 08.04.2022 in W.P.(C)No.13965 of 2020.
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W.P.(C)No.28599 of 2022
from time to time, is still in force.
“By the order dated 01.09.2022, it is ordered that the 1st respondent Cochin Devaswom Board shall not take any further proceedings based on Ext.P33 decision, for a period of one week. The said interim order is extended by three weeks.
The learned Standing Counsel for the Cochin Devaswom Board takes notice on admission for respondents 1 and 2.
The learned Senior Government Pleader takes notice on admission for respondents 3 to 5.
Service of notice on respondents 6 to 8 is dispensed with for the time being.
Issue urgent notice by speed post to additional respondents 9 to 11, returnable by 20.09.2022.
The counter affidavit on behalf of the 1st respondent Board shall be placed on record on or before 19.09.2022.”
thus;
“On 11.10.2022, when this writ petition came up for consideration, we have recorded the submission made by the learned Standing Counsel for Cochin Devaswom Board that a decision has already been taken by the Board not to proceed further in terms of Ext.P33 minutes
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W.P.(C)No.28599 of 2022
and that, an affidavit of the Secretary of the Board, explaining the facts and circumstances, shall be placed on record within three weeks.
Today, when this matter is taken up for consideration, the learned Standing Counsel seeks further time to file an affidavit of the Secretary. The learned Standing Counsel has made available for the perusal of this Court Order No.R.609/2002 dated 19.08.2022 of the Secretary of the Board, whereby, the decision taken by the Board based on Ext.P33 minutes has already been withdrawn. As pointed by the learned counsel for the petitioner, the conduct of the 1st respondent Board in convening such a meeting and taking a decision as evidenced by Ext.P33 minutes cannot be viewed lightly.
The affidavit on behalf of the 3rd respondent shall be placed on record within ten days.”
filed by the 1st respondent. Paragraph 2 to 5 of the said counter affidavit read thus;
“2. The above writ petition is filed to quash Ext.P33 minutes of the meeting convened by the Devaswom on 05.07.2022 by issuing a writ of certiorari and the petitioner also prays for a direction to restrain the respondents from implementing the decision taken in Ext.P33 minutes by issuing a writ of mandamus or such other writ or order or direction. At the outset, it is respectfully submitted that the above writ petition is not maintainable either in law or on facts. The allegation of the petitioner that Devaswom is misusing the judgment of this Honourable Court and convened a meeting of the
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W.P.(C)No.28599 of 2022
members of the political parties and others and decided to give up the Devaswom land for the purpose of establishment of a road in lieu of Rs.12 lakhs is absolutely incorrect and the said allegation is stoutly denied by this deponent.
the
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W.P.(C)No.28599 of 2022
on the request made by the neighboring property owners. Even though a decision was taken permitting the neighboring property owners to use the land belonged to the Devaswom for ingress and egress to their respective residential houses, the 1st respondent recalled the said decision taken pursuant to the meeting convened on 05.07.2022 by issuing Order No.R.609/2002 dated 19.08.2022. In this regard to copy of order No.R.609/2002 dated 19.08.2022 is produced herewith and marked as Ext.R1(A). Ext.R1(A) decision was taken even prior to the filing of the writ petition. Even though the 4th respondent conducted a hearing pursuant to Ext.P29 judgment, no orders passed till date. Since the 4th respondent posted the case for hearing on 14.07.2022, a meeting of the neighbouring property owners were also held on 05.07.2022. In ground 'B' of the writ petition, the petitioner also conceded about the pendency of original suits before the Munsiff's Court, Kochi with respect to the property in question. In fact, W.P.(C)No.No.25620 of 2021 was filed by two residents of Rameswaram Village before this Honourable Court with respect to the property in question. By judgment dated 22.11.2021, this Honourable Court was pleased to dispose of the writ petition by issuing certain directions to the Station House Officer, Palluruthy Police Station. In this regard, true copy of judgment dated 22.11.2021 in W.P.(C)No.25620 of 2021 passed by this Honourable Court is produced herewith and marked as Ext.R1(B). Since the decision taken in the meeting convened on 05.07.2022 has already been withdrawn, it is submitted that the petitioner does not have any subsisting
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W.P.(C)No.28599 of 2022
grievance and the writ petition is liable to be dismissed. The petitioner assumes that the Devaswom has decided to give away the land for an amount of Rs.12 lakhs is absolutely incorrect and without any basis.
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W.P.(C)No.28599 of 2022
site plan in terms of Ext.R1(D) notice. In this regard, true copy of order No.R.609/02 dated 19.10.2022 issued by the 1st respondent is produced herewith and marked as Ext.R1(E). The Devaswom officer has already submitted the site plan before the Assistant Engineer, Kochi Municipal Corporation.”
reads thus;
“മേൽ സൂചന (1) പ്രകാരം അഴകിയകാവ് മേപ്രഭൂേി േരിൽ കക്ᨾു്ര രിന ം േറ്ും നിർമേശം നൽകി ഉ്ᩈ രവായില ്ള രാണ്. ആയരിൽ സൂചന (2) പ്രകാരം അഴകിയകാവ് മേവസവ്ᩈ ിൽ വ്ᨴ് നട്ര ചർ്ᨴ യിൽ േിനിറ മരഖകെട ്ᩈ ിയി്ᨾു്ള ര ം ആയത് അംഗീകരി്ᨴ് സൂചന (3) പ്രകാരം ഉ്ᩈ രവായി്ᨾു ളളര ോണ്. ഈ വിഷയ്ᩈ ിൽ മേപ്രഭൂേി സംബ്യ ി്ᨴ വിഷയം ആർ.ഡി.ഒ േ ്ᩘ ാകക അ്ᩌ ിേ രീർെിന് വ്ᨴ ിരി്ക ്ര രിനാല ം മേപ്രഭൂേിയിലൂകട വഴി നൽക ്ര ര ോയി ബ്യ കെ്ᨾ് ധാരാളം രരാരികൾ വ്ര സാഹചരയ്ᩈ ില ം ബഹ .ഹഹമ്ക ാടരിയ കട അന േരിമയാകട ോപ്രം ഈ വിഷയ്ᩈ ിൽ േ മ്ര ാ്ᨾ് മരാക ്ര രാണ് ഉചിരം എ്ര് മബാർഡ് േന്ᩰ ിലാ്ക ്ര . ആയരിന്കെ അടി്ᩝ ാന്ᩈ ിൽ 04.08.2022 കല 9-ാാാം ന്ᩘ ർ മയാഗ രീര ോനം െേ് കചയര ം ഇത് പ്രകാരേ ്ള സൂചന (3) ഉ്ᩈ രവ് െേ് കചയര ം ഉ്ᩈ രവാക ്ര .”
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W.P.(C)No.28599 of 2022
is now pending consideration before the Sub Court, Kochi. We
need not go into all those aspects in this writ petition.
“23. In the result, these writ petitions are disposed of, leaving open the legal and factual contentions raised by both sides, by setting aside Ext.P6 order dated 30.12.2019 in W.P.(C)No.12173 of 2020 (Ext.P7 in W.P.(C)No.6753 of 2020), and by directing the Sub Collector, Fort Kochi, who is the 3rd respondent in W.P.(C)No.12173 of 2020, to reconsider the application made by Cochin Devaswom Board (Ext.P4) to correct the entries in the revenue records relating to the property having an extent of 9.41½ Acres of land comprised in Sy.Nos.613/1, 613/2, 613/3, 663/2, 661/1 and 1499 in Rameshwaram Village, covered by Ext.P1 Thanathu Register of Cochin Devaswom Board, strictly in accordance with law, taking note of the legal and factual contentions raised by both sides and also the law on the point. The Cochin Devaswom Board and other affected parties shall be afforded with a reasonable opportunity to substantiate their contentions by producing relevant documents and they shall also be afforded with a reasonable opportunity of being heard. A decision as directed above shall be taken, as expeditiously as possible, at any rate, within a period
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W.P.(C)No.28599 of 2022
of four months from the date of receipt of a certified copy of this judgment. The order of status quo granted on 24.07.2020 in W.P.(C)Nos.6753, 12173, 13816 and 13965 of 2020 with respect to the property involved in Ext.P4 application in W.P.(C)No.12173 of 2020 shall be maintained till the disposal of the said application by the 3rd respondent Sub Collector, as directed in this judgment.
It is for the Devaswom Officer, Azhakiyakavu Devaswom, to approach the competent authority in Kochi Municipal Corporation, seeking permission for
12
W.P.(C)No.28599 of 2022
reconstructing the damaged compound wall seen in Ext.P12 photograph, on the very same foundation. In case, any such application is received, after complying with the statutory requirements, the competent authority in Kochi Municipal Corporation shall consider the same and take an appropriate decision on that application, as expeditiously as possible. The order of status quo granted by this Court as above will not stand in the way of the Devaswom Officer, Azhakiyakavu Devaswom in reconstructing the damaged compound wall seen in Ext.P12 photograph, on the very same foundation, after obtaining necessary building permit from Kochi Municipal Corporation. The Station House Officer, Palluruthi Police Station, who is the 7th respondent in W.P.(C)No.18492 of 2020, shall ensure that the order of status quo granted as above is complied with in letter and spirit, by all concerned, and that there is no law and order issues while the Devaswom Officer, Azhakiyakavu Devaswom reconstructing the compound wall on the strength of the building permit granted by Kochi Municipal Corporation.”
dated 30.12.2019 (Ext.P6 in W.P.(C)No.12173 of 2020 and Ext.P7 in W.P.(C)No.6753 of 2020) and directed the Sub Collector, Fort Kochi, who is the 3rd respondent in W.P.(C)No.12173 of 2020, to reconsider the application made by the Cochin Devaswom Board to correct the entries in the
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W.P.(C)No.28599 of 2022
revenue records relating to the property having an extent of 9.41½ Acres of land comprised in Survey Nos.613/1, 613/2, 613/3, 663/2, 661/1 and 1499 of Rameshwaram Village, covered by the Thanathu Register of Cochin Devaswom Board, taking note of the legal and factual contentions raised by both sides and also the law on the point. As per Ext.P29 judgment, the Sub Collector, Fort Kochi is directed to pass orders on the application made by the Cochin Devaswom Board, within a period of four months from the date of receipt of a certified copy of that judgment. In Ext.P29 judgment, it was made clear that the order of status quo granted on 24.07.2020 in W.P.(C)Nos.6753, 12173, 13816 and 13965 of 2020 with respect to the property involved in Ext.P4 application in W.P.(C)No.12173 of 2020 shall be maintained till the disposal of the said application by the Sub Collector, as directed in that judgment. In the last paragraph of Ext.P29 judgment, it was made clear that the order of status quo granted as above will not stand in the way of the Devaswom Officer, Azhakiyakavu Devaswom in reconstructing the damaged compound wall seen in Ext.P12 photograph on the very same foundation, after obtaining necessary building permit from Kochi Municipal Corporation. The Station House Officer, Palluruthi
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W.P.(C)No.28599 of 2022
Police Station, who is the 7th respondent in W.P.(C)No.18492 of 2020, was directed to ensure that the order of status quo granted as above is complied with in letter and spirit by all concerned and there is no law and order issues while the Devaswom Officer Azhakiyakavu Devaswom is reconstructing the compound wall on the strength of the building permit granted by Kochi Municipal Corporation.
to dispose of this writ petition recording the fact that the decision taken in Ext.P33 minutes has already been recalled vide the aforesaid order dated 19.08.2022. The order of status quo in terms of paragraph 23 of Ext.P29 judgment shall
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W.P.(C)No.28599 of 2022
be maintained till the disposal of the application by the Sub Collector, Fort Kochi, subject to the direction contained in the
last paragraph of Ext.P29.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
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W.P.(C)No.28599 of 2022
APPENDIX OF WP(C) 28599/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE SETTLEMENT REGISTER
DATED NIL.
Exhibit P2 TRUE COPY OF THE DEVASWOM THANATHU
REGISTER DATED NIL.
Exhibit P3 TRUE COPY OF THE DEVASWOM PURAMBOKKU
DATED 05.07.2021.
Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE
SPECIAL TAHSILDAR DATED, 26.04.2019.
Exhibit P5 TRUE COPY OF THE REPORT OF THE
OMBUDSMAN DATED 14.06.2019.
Exhibit P6 TRUE COPY OF THE ORDER OF THE HON'BLE
HIGH COURT IN DBP NO.54/2019 DATED
27.08.2019.
Exhibit P7 TRUE COPY OF THE REQUEST OF THE
DEASWOM DATED 25.05.2019.
Exhibit P8 TRUE COPY OF THE FILE NOTE OF THE RDO
DATED 26.02.2020 .
Exhibit P9 TRUE COPY OF THE ORDER PASSED BY THE
RDO DATED 30.12.2019 .
Exhibit P10 TRUE COPY OF THIS INTERIM ORDER IN
WP(C) NO.13965/20 OF THIS HON'BLE
COURT DATED 24.07.2020.
Exhibit P11 TRUE COPY OF THE JUDGMENT IN
W.P.(C)32321/19 OF THIS HON'BLE COURT
DATED 18.12.2019.
Exhibit P12 TRUE COPY OF THE ROUGH SKETCH SHOWING
THE LIE OF THE TEMPLE AND ITS
PROPERTIES DATED NIL.
Exhibit P13 TRUE COPY OF THE COMPLAINT FILED BY
AZHAKIYA KAVU TEMPLE LAND PROTECTION
17
W.P.(C)No.28599 of 2022
COMMITTEE BEFORE CHIEF MINISTER DATED
29.02.2020.
Exhibit P14 TRUE COPY OF THE COMPLAINT FILED BY
THE DEVASWOM OFFICER BEFORE STATION
HOUSE OFFICER PALLURUTHY DATED
22.05.2020.
Exhibit P15 TRUE COPY OF THE COMPLAINT FILED BY
THE AZHAKIYA KAVU TEMPLE LAND
PROTECTION COMMITTEE BEFORE CITY
POLICE COMMISSIONER ERNAKULAM DATED
23.05.2020.
Exhibit P16 TRUE COPY OF THE COMPLAINT FILED BY
THE HINDU IKYAVEDI BEFORE CIRCLE
INSPECTOR OF POLICE PALLURUTHY DATED
03.07.2020.
Exhibit P17 TRUE COPY OF THE COMPLAINT FILED BY
THE AZHAKIYA KAVU TEMPLE LAND
PROTECTION COMMITTEE BEFORE STATION
HOUSE OFFICER PALLURUTHY POLICE
STATION DATED 19.08.2020.
Exhibit P18 TRUE COPY OF THE COMPLAINT FILED BY
THE DEVASWOM OFFICER AZHAKIYAKAVU
DEVASWOM BEFORE STATION HOUSE OFFICER
PALLURUTHY DATED 01.08.2020.
Exhibit P19 TRUE COPY OF THE COMPLAINT FILED BY
THE HINDU IKYAVEDI DATED 22.08.2020.
Exhibit P20 TRUE COPY OF THE COMPLAINT FILED BY
THE AZHAKIYA KAVU TEMPLE LAND
PROTECTION COMMITTEE DATED
24.08.2020.
Exhibit P21 TRUE COPY OF THE RECEIPT ISSUED BY
THE PALLURUTHY POLICE STATION DATED
06.03.2020.
Exhibit P22 TRUE COPY OF THE RECEIPT ISSUED BY
THE CITY POLICE KOCHI DATED
26.05.2020.
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W.P.(C)No.28599 of 2022
Exhibit P23 TRUE COPY OF THE RECEIPT ISSUED BY
THE PALLURUTHY POLICE STATION DATED
02.06.2020.
Exhibit P24 TRUE COPY OF THE RECEIPT ISSUED BY
THE PALLURUTHY POLICE STATION DATED
03.07.2020.
Exhibit P25 TRUE COPY OF THE RECEIPT ISSUED BY
THE PALLURUTHY POLICE STATION DATED
20.08.2020.
Exhibit P26 TRUE COPY OF THE RECEIPT ISSUED BY
THE PALLURUTHY POLICE STATION DATED
21.08.2020.
Exhibit P27 TRUE COPY OF THE RECEIPT ISSUED BY
THE PALLURUTHY POLICE STATION DATED
24.08.2020.
Exhibit P28 TRUE COPY OF THE RECEIPT ISSUED BY
THE MATTANCHERY SDPO DATED
24.08.2020.
Exhibit P29 TRUE COPY OF THE COMMON JUDGMENT OF
THIS HON'BLE COURT IN W.P.(C) NO.
18492/2020,13965/2020 AND CONNECTED
CASES DATED 08.04.2022.
Exhibit P30 TRUE COPY OF THE LETTER OF THE SUB-
INSPECTOR OF POLICE, PALLURUTHY DATED
16.9.2020.
Exhibit P31 TRUE COPY OF THE LEGAL OPINION GIVEN
BY THE ASSISTANT PUBLIC PROSECUTOR
DATED 20.06.2022.
Exhibit P32 TRUE COPY OF THE ORDER OF THE
ASSISTANT COMMISSIONER COCHIN
DEVASWOM BOARD DATED 24.06.2022.
Exhibit P33 TRUE COPY OF THE MINUTES OF THE
MEETING DATED 05.07.2022.
Exhibit P34 TRUE COPY OF THE ORDER IN
W.P.(C)NO.649/2018 DATED 05.07.2018.
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W.P.(C)No.28599 of 2022
RESPONDENT EXHIBITS
EXHIBIT R1 A TRUE COPY OF ORDER NO. R. 609/2002
DATED 19/08/2022 ISSUED BY THE 1ST
RESPONDENT
EXHIBIT R1 B TRUE COPY OF JUDGMENT DATED
22.11.2021 IN WP(C) NO. 25620/2021
PASSED BY THIS HONOURABLE COURT.
EXHIBIT R1 C TRUE COPY OF LETTER REF. NO. R1.
1764/21 DATED 5.8.2022 SUBMITTED BY
THE DEVASWOM ASSISTANT COMMISSIONER
TO THE SECRETARY, KOCHI MUNICIPAL
CORPORATION.
EXHIBIT R1 D TRUE COPY OF NOTICE NO. ISO/ SYPI/
5013/202 DATED 22.8.2022 ISSUED BY
THE ASSISTANT ENGINEER, KOCHI
MUNICIPAL CORPORATION.
EXHIBIT R1 E TRUE COPY OF ORDER NO. R. 609/02
DATED 19.10.2022 ISSUED BY THE 1ST
RESPONDENT
3 issues framed by the court
Whether the petition to quash the minutes of a meeting taken by the Devaswom Board regarding land use is maintainable in light of the withdrawal of the said decision by the 1st respondent.
What relief should be granted considering the 1st respondent Board has already recalled the decision taken in Ext.P33 minutes.
Whether the order of status quo under previous judgments must be maintained till disposal of the Sub Collector's application.
P.S.BABU SURESH
COCHIN DEVASWOM BOARD
STATE OF KERALA
JUSTINE P.P.
SUNIL THOMAS
ANEESH.M.C.
ANIL K. NARENDRAN
P.G. AJITHKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court