The court emphasized its role in protecting properties of religious institutions and directed action against encroachments while highlighting the failure of authorities to act Vigilantly.

JUDGMENT

Anil K. Narendran, J.

The petitioner, who is a devotee of Sree Vellalath Siva Temple, Kadannappilly Village in Kannur, which is a controlled institution under the Malabar Devaswom Board, has filed this writ petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India , seeking the following reliefs;

(i) To issue a Writ of Mandamus or any appropriate writ or order directing the respondents 1 to 5 to take immediate necessary and effective action to measure the properties of Sree Vellalath Siva Temple mentioned in paragraph 4 of this writ petition and demarcate the survey boundary of the same;

(ii) Direct the respondents 1 to 3 to keep in abeyance of all proceedings to assign the surplus land in RS.No.256/1 and 256/1B2 in Kadannappalli village till the entire landed property of the temple is measured and demarcated the boundary;

(iii) Direct the respondents 1 to 5 to take immediate action to implement all recommendations made in Ext.P4 letter;

(iv) Direct the respondents 1 to 5 to take immediate necessary and effective steps to evict all encroachers from the landed property of Sree Vellalath Siva Temple;

(v) Direct the 6th respondent to consider and pass orders on Ext.P7 and P8 application submitted by the temple authorities;

(iv) Direct the respondents 1 to 3 to prevent all sort quarrying of stones from the temple properties;

2. The grievance of the petitioner, which is highlighted in this writ petition, is that the temple was having Jenmam right over 3,000 Acres of land spread over in two villages namely Kadannappally and Pariyaram. Since the Ooralans and the Executive Officers, who were in the management of the temple, have not taken care to protect the property of the temple, a large extent of the property is under the possession of third parties. As per the records available in the concerned village offices, the temple had 1069.35 Acres of land in Kadannappally Village and 862.64 Acres in Pariyaram Village, totalling to 1931.99 Acres. The details of the temple land furnished as in the 4th paragraph of the writ petition read thus;

Kannur Taluk Kadannappalli Amsom Desom R.S.No Extend (Acres)

221/6 0.18 221/13 0.02 221/14 0.12 221/15 0.08 221/16 0.58 221/17 0.10 229/2 0.26 239/2 0.16

239/3 0.66

256/1B 921.22

256/6 39.27

256/8 2.77 256/9 2.69 217/2A 3.44

217/2B 96.86

240/4 0.01 240/1 0.93 Taliparamba Taluk Pariyaram Amsom Vayad Desom

14/1A 759.34

14/1B 0.98 14/1C 0.84 16/1 9.65

16/2 91.83 Total 1931.95 Acres

3. On 01.08.2007, when this writ petition came up for admission, the learned Government Pleader took notice for respondents 1 to 6. Notice by speed post was ordered to the 7th respondent. The petitioner was permitted to carry out publication in Mathruboomi daily Kannur Edition. During the pendency of this writ petition, the petitioner was appointed as the non-hereditary trustee of Sree Vellalath Siva Temple. By the order dated 27.11.2007 in I.A.No.21866 of 2007, the petitioner was permitted to prosecute this writ petition in his capacity as the non-hereditary of the said temple.

4. On 14.09.2007, when this writ petition came up for consideration, this Court passed the following order;

“Heard counsel on either side. Counsel appearing for the petitioner submitted that the property in question, covered by Rs.256/1B2 of Kadannappilly Amsom belongs to Kadannappilly Sree Vellalathu Siva Temple. The question is being examined by this Court. Counsel submitted that enquiry is going on as to whether the property is covered by the above mentioned survey number. Counsel appearing for the 7th respondent submitted that he has got a valid ‘patta’ and also licence from the Geologist. Considering the facts and circumstances of the case we are inclined to give a direction to the District Collector to ascertain as to whether quarrying is going on in the area covered by R.S.No.256/1B2 of Kadannappilly Amsom without obtaining permission from the Geologist and other authorities. Communicate the order to the