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2024 Supreme(Online)(KER) 49234

HIGH COURT OF KERALA
ANIL K. NARENDRAN, G. GIRISH, JJ
SREE KANJIRAMATTOM MAHADEVA TEMPLE BHARANA SAMITHI – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: G.SREEKUMAR (CHELUR), DHARUN P. AFEEF
For the Respondents: MANU VYASAN, P.B.KRISHNAN, P.B.SUBRAMANYAN, SABU GEORGE, MEERA P., CHITHIRA VENUGOPAL, B.ANUSREE, SRI.S. RAJMOHAN

Table of Content
1. petitioners claim land exempt under klr act. (Para 1)
2. court's observations on procedural aspects. (Para 2 , 3)
3. arguments against petitioners' claims and legal standing. (Para 4 , 5)
4. legal principles governing temple property and jurisdiction. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14)
5. writ petition disposed; petitioners to appeal. (Para 16)

JUDGMENT

Anil K. Narendran, J.

The 1st petitioner is the Bharana Samithi of Sree Kanjiramattom Mahadeva Temple, the 2nd petitioner is the deity of that temple, represented by a devotee, and the 3rd petitioner is a member of Medanganal Mana, which is stated to have the ooralan/ooranma right of that temple. The petitioners have filed this writ petition under Article 226 of the Constitution of India, contending that the property having an extent of 3.69 Acres in Survey No.283/6 of the Todupuzha Village, which belongs to the deity of Sree Kanjiramattom Mahadeva Temple is a land exempted from the provisions of the Kerala Land Reforms Act , 1963, in view of the provisions under Section 3 (1)(x) of that Act over which the Land Tribunal has no jurisdiction and consequently Exts.P5 to P8 purchase certificates issued in respec

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