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2023 Supreme(Ker) 274

ANIL K. NARENDRAN, P. G. AJITHKUMAR
Rajalekshmi P. , W/o. Sureshkumar – Appellant
Versus
State of Kerala, Represented by the Principal Secretary to Government, Revenue (Devaswom) Department, Government Secretariat – Respondent


Advocates Appeared:
For the Petitioner: J. Vishnu, Anu Balakrishnan Nambiar, G.J. Rajmohan.
For the Respondent: Sri S. Rajmohan, Sr. Government Pleader, SrI G. Biju, Standing Counsel, Sri J.S. Ajith Kumar, Smt. A.S. Sangeetha.

JUDGMENT :

Anil K. Narendran, J.

The petitioner, who is the ward member of Ward No.15 of Kuzhithalachal, Kalliyoor Grama Panchayat in Vellayani, has filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P17 order dated 24.02.2023 of the 3rd respondent Devaswom Commissioner, Travancore Devaswom Board. The petitioner has also sought for a writ of mandamus commanding respondents 2 to 6 to include Kuzhithalachal and Kalluvila wards in Vellayani in the list for Kalliyoor Dikkubali in Vellayani Sree Bhadrakali Temple; and a declaration that Ext.P17 order dated 24.02.2023 of the 3rd respondent is per se arbitrary and illegal and is a fraud on Court.

2. Going by the averments in the writ petition, though the Kuzhithalachlal and Kalluvila are at a distance of 800m from the Kalliyoor Dikkubali thara, the 3rd respondent Devaswom Commissioner issued Ext.P17 order removing the said wards from the Dikkubali Nirapara list of Vellayani Sree Bhadrakali Temple, stating that those are outside the radius of the Dikkubali Thara, i.e., outside the traditional boundary. The petitioner had earlier approached this Court challenging the said exclusio

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