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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ
PRAMESH V. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. encroachment upon temple property and related grievances. (Para 1 , 5) |
| 2. reports and findings related to the temple's encroachment case. (Para 3 , 4 , 6 , 8 , 9 , 18) |
| 3. duties of courts to protect properties of religious institutions. (Para 10 , 12 , 13) |
| 4. legal principles regarding the protection of devaswom properties. (Para 11 , 15 , 17) |
| 5. writ petition dismissed for lack of maintainability. (Para 19) |
JUDGMENT
Anil K. Narendran, J.
The grievance of the petitioner is that respondents 5 and 6 and several others have encroached upon the property of Kottayil Bhagavathy Temple having an extent of 2.35 Acres in Sy.No. 163/11 of Alanellur-2 Village and demolished the temple situated therein, in spite of the complaint filed by the petitioner in terms of the directions contained in the order of the Apex Court in Mrinalini Padhi v. Union of India [2018 SCC OnLine SC 667]. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent State of Kerala and the 2nd respondent District Collector, Palakkad to protect the land of the minor deity of Bhagavathy Temple having an extent of 2.35 Acr
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