The court affirmed the High Court's jurisdiction to protect religious properties from encroachment and emphasized the need for safeguarding Devaswom lands, directing a new survey to ascertain the status of the disputed property.

Anil K. Narendran, J.

The petitioner, who is a devotee of Mulluvakulangara Bhuvaneshwari Devi Temple, which is a temple under the management of the Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India , seeking a writ of certiorari to quash Ext.P6 order dated 26.11.2022 of the 2^nd respondent Assistant Engineer, Public Works Department (Roads Division), Harippad; and a writ of mandamus commanding the 4^th respondent Travancore Devaswom Board to protect the Devaswom land of Mulluvakulangara Bhuvaneshwari Devi Temple having an extent of 1.57 Ares comprised in Re-Survey No.309/4 of Pallippad Village and the temple structures existing in that property.

2. Going by the averments in the writ petition, the Kanikka Mandapam and Gopuram of Mulluvakulangara Bhuvaneshwari Devi Temple, which are directed to be demolished by Ext.P6 order dated 26.11.2022 of the 2^nd respondent Assistant Engineer is situated in the land having an extent of 1.57 Ares comprised in Re-Survey No.309/4 of Pallippad Village. The said property is shown as Devaswom land in all revenue records including the Settlement Register, Ext.P1 Basic Tax Register (BTR) and Ext.P2 Asset Register of the Devaswom. The Kanikka Mandapam and the Gopuram are recently renovated by a devotee. The 7^th respondent, who is having a building on the northern side of Harippad-Elanjimel Road, submitted Ext.P4 complaint before the Government alleging construction of a compound wall by the Temple Advisory Committee of Mulluvakulangara Bhuvaneshwari Devi Temple. The document marked Ext.P5 is a communication dated 20.10.2022 of the 3^rd respondent Tahsildar (Land Records), Karthikappally, addressed to the 2^nd respondent Assistant Engineer, based on which the 2^nd respondent issued Ext.P6 order dated 26.11.2022 whereby the 6^th respondent Sub Group Officer of Manimangalam Devaswom is directed to demolish the compound wall constructed in Re-Survey No.309/5 of Pallippad Village. On receipt of Ext.P6 the 5^th respondent Assistant Devaswom Commissioner, Harippad submitted Ext.P7 reply dated 13.03.2023, enclosing therewith necessary documents, pointing out that the constructions are in the Devaswom land and as such, the complaint made by the 7^th respondent is liable to be rejected.

3. On 06.06.2023, when this writ petition came for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for respondents 1 to 3 and the learned Standing Counsel for the Travancore Devaswom Board for respondents 4 to 6. Urgent notice by speed post was ordered to the 7^th respondent returnable within four weeks. The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions.

4. On 04.08.2023, when this writ petition came for consideration, the learned Senior Government Pleader submitted that survey of the disputed property is already over and that a counter affidavit of the 3^rd respondent Tahsildar (LR) shall be placed on record within three weeks.

5. Thereafter, along with a memo dated 07.09.2023 of the learned Government Pleader, the report of the Tahsildar (LR) and sketch of the Taluk Surveyor are placed on record. The report of the Tahsildar (LR) reads thus:

“An application in Form 10 as per survey and Boundaries Act 1961 was received from Assistant Executive Engineer, PWD(roads), Haripad on 06/01/2022 for the demarcation of Haripad Elanjimel road (puramboke) near ’kanikka vanchi’ of Mullavakulangara Temple near pallippad junction in Pallippad Village, Karthikappally Taluk in Alappuzha against the water logging due to non construction o