JUDGMENT :

This Regular Second Appeal is directed against the judgment and decree dated 29.09.2004 in A.S.No.134 of 1995, passed by the III Additional District Court, Thiruvananthapuram, which arose from the judgment and decree dated 21.02.1994 in O.S.No.1532 of 1991 of the Additional Munsiff’s Court (Rent Control Court), Thiruvananthapuram.

2. The plaintiff and defendant Nos. 1 to 6 are the respondents.

3. The appellant died during the proceedings, and his legal representatives were impleaded as additional appellants 2 to 5.

4. The suit was instituted for mandatory injunction. The plaintiff is a society, registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, XII of 1955. It is primarily engaged in uplifting the living conditions of Thiruvananthapuram city and also in promoting the citizens’ welfare in scientific, literary and cultural aspects.

5. The Pazhavangadi Fort is very ancient. It is situated adjacent to Sreemahaganapathy Temple at Pazhavangadi. The Fort has been declared as an ancient monument by the Archaeological Department. Any injury caused to the ancient Fort is a cognizable offence punishable under Section 32 of the Kerala A