Joythish .S Vs State of Kerala Represented by It’S Secretary to Government

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WP(C) NO. 6502 OF 2025 1 2025:KER:27780

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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 MURALEE KRISHNA S.

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TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947

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WP(C) NO. 6502 OF 2025

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PETITIONER:

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JOYTHISH .S,
AGED 42 YEARS,
PUTHENPARAMBIL, VALIYAKULANGARA SOUTH, MAHADEVIKAD
P.O, KARTHIKAPPALLY VILLAGE, KARTHIKAPPALLY TALUK,
ALAPPUZHA DISTRICT, PIN – 690516.

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BY ADVS.
N.K.KARNIS
S.CHYTHANYA

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY IT'S SECRETARY TO GOVERNMENT,

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REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 TRAVANCORE DEVASWOM BOARD REPRESENTED BY THE SECRETARY OFFICE OF THE TRAVANCORE DEVASWOM BOARD DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM, PIN – 695003.

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3 THE COMMISSIONER OF DEVASWOM, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM, PIN – 695003.

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4 THE SPECIAL TAHSILDAR (LAND CONSERVANCY UNIT), TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM, PIN – 695003.

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5 THE ASSISTANT COMMISSIONER OF DEVASWOM, TRAVANCORE DEVASWOM BOARD, HARIPAD GROUP, HARIPAD P.O, ALAPPUZHA DISTRICT, PIN – 690514.

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6 ADV.S. KRISHNAMOORTHY, AMPANAT MADOM, MAHADEVIKAD P.O, KARTHIKAPPALLY VILLAGE, ALAPPUZHA-690 516, NOW RESIDING AT AMPANAT 39/468, MONASTERY ROAD, KARIKKAMURY, KOCHI, ERNAKULAM DISTRICT, PIN – 682011.

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7 THE KARTHIKAPPALLY BRAHMANA SAMOOHAM, REPRESENTED BY IT'S PRESIDENT ADV. S. KRISHNAMOORTHY, AMPANAT MADOM, MAHADEVIKAD P.O, KARTHIKAPPALLY VILLAGE, ALAPPUZHA- 690 516, NOW RESIDING AT AMPANAT 39/468, MONASTERY ROAD, KARIKKAMURY, KOCHI, ERNAKULAM DISTRICT, PIN – 682011.

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8 TAHSILDAR, KARTHIKAPPALLY TALUK, ALAPPUZHA, PIN – 690514.

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9 THE DISTRICT SURVEY SUPERINTENDENT, CIVIL STATION, SECOND FLOOR, ALISSERY ROAD, ALAPPUZHA, PIN – 688001.

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10 THE DIRECTOR OF ARCHIVES, DIRECTORATE OF STATE ARCHIVES, NALANDA, THIRUVANANTHAPURAM, PIN – 695003.

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BY ADVS.
SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD
SANTHOSH KUMAR G SC, TRAVANCORE DEVASWOM BOARD
SR.GOVERNMENT PLEADER SRI.S.RAJMOHAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 6502 OF 2025 3 2025:KER:27780

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J U D G M E N T

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Anil K. Narendran, J.

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The petitioner, who is a devotee of Valiyakulangara Devi Temple in Karthikapally Taluk in Alappuzha District, which is a temple under the management of the 2^nd respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of

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the Constitution of India, seeking a writ of mandamus commanding the 4^th respondent Special Tahsildar (Land Conservancy), Travancore Devaswom Board, to initiate proceedings to collect records from respondents 6 and 7 for ascertaining the title and ownership of the disputed properties in Survey Nos.3750, 3752, 3755 A, B, C, 3756 A, B, 3757, 3758, 3760, 3761 A, B, 3762 of Karthikapally Village, before finalising the survey as per Ext.P1 relevant extract of the settlement register. The petitioner has also sought for a writ of mandamus commanding the 4^th respondent to initiate proceedings for the measurement of the disputed properties of the deity of the Valiyakulangara Temple in Survey Nos.3750, 3752, 3755 A, B, C, 3756 A, B, 3757, 3758, 3760, 3761 A, B, 3762 as per Ext.P1

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WP(C) NO. 6502 OF 2025 4 2025:KER:27780

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settlement register, with the aid of Litho Map or conduct joint field inspection and survey of the above disputed properties, within a time frame to be fixed by this Court; and a declaration that the 4^th respondent Special Tahsildar (Land Conservancy) has no authority to decide and declare the right and title of the 7^th respondent in respect of the disputed properties in Survey Nos.3750, 3752, 3755 A, B, C, 3756 A, B, 3757, 3758, 3760, 3761 A, B, 3762 of Karthikappally Village.

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On 10.03.2025, when this writ petition came up for consideration, this Court passed an interim order staying the survey proposed to be conducted by the 4^th respondent Special Tahsildar (Land Conservancy), for a period of two weeks.

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The learned Standing Counsel for Travancore Devaswom Board has placed on record a counter affidavit dated 18.03.2025 sworn to by the 4^th respondent Special Tahsildar (Land Conservancy). The petitioner has filed a reply affidavit dated 27.03.2025.

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Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 and 8 to 10,

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WP(C) NO. 6502 OF 2025 5 2025:KER:27780

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the learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5 and the learned counsel for respondents 6 and 7.

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The learned Standing Counsel for Travancore

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Devaswom Board, on instructions from the 4^th respondent Special Tahsildar (Land Conservancy) would submit that the process of survey that has to be undertaken by the said respondent pursuant to the directions contained in Ext.P2 judgment of this Court dated 02.02.2024 in W.P.(C)No.30586 of 2023 is in respect of the entire Devaswom land of Valiyakulangara Devi Temple, comprised in Survey Nos.3750, 3752, 3755 A, B, C, 3756 A, B, 3757, 3758, 3760, 3761 A, B, 3762 of Karthikappally Village, as per Ext.P1 settlement register.

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Having considered the submissions made at the Bar, this writ petition is disposed of by recording the aforesaid submission made by the learned Standing Counsel for Travancore Devaswom Board, on behalf of the 4^th respondent Special Tahsildar (Land Conservancy) that the process of survey that has to be undertaken by the said respondent is in respect of the entire Devaswom land

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WP(C) NO. 6502 OF 2025 6 2025:KER:27780

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of Valiyakulangara Devi Temple, comprised in Survey Nos.3750, 3752, 3755 A, B, C, 3756 A, B, 3757, 3758, 3760, 3761 A, B, 3762 of Karthikappally Village, as per Ext.P1 settlement register. Since the original survey records of the said property could not be traced out by the 9^th respondent District Survey Superintendent, Alappuzha and the 10^th respondent Director of Archives, we deem

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it appropriate to order that the survey in terms of the directions contained in Ext.P2 judgment, shall be a joint survey by the 9^th respondent District Survey Superintendent along with the 4^th respondent Special Tahsildar (Land Conservancy). The date of survey shall be fixed by the 9^th respondent District Survey Superintendent, which shall be intimated, within a period of ten days, to the petitioners, the 5^th respondent Assistant Devaswom Commissioner, Haripad Group and also respondents 6 and 7.

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ANIL K. NARENDRAN, JUDGE

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Sd/-

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MURALEE KRISHNA S., JUDGE

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DSV/-

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WP(C) NO. 6502 OF 2025 7 2025:KER:27780

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APPENDIX OF WP(C) 6502/2025

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PETITIONER’S EXHIBITS

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`Exhibit-P1`	`COPY OF THE RELEVANT PAGES OF THE` `SETTLEMENT REGISTER OF THIRUVITHAMCODE` `STATE`
`Exhibit-P2`	`COPY OF JUDGMENT DATED 02/02/2024 IN WPC` `NO.30586/2023`
`Exhibit-P3`	`COPY OF THE LETTER NO. A3-696/2023 DATED` `19/11/2024 FROM THE OFFICE OF THE 4TH` `RESPONDENT.`

Joythish .S v. State of Kerala Represented by It’S Secretary to Government

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Joythish .S v. State of Kerala Represented by It’S Secretary to Government

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