JUDGMENT

Dated this the 29th day of November, 2021 S.MANIKUMAR, C.J.

Appellant, who is the President of Chelamattom Devaswom Bharana Samithy managing Chelamattom Sree Krishna Swamy Temple (for short ‘Chelamattom temple’), Okkal P.O., Perumbavoor, has filed this writ appeal challenging the judgment dated 15.10.2019 in W.P.(C)No.2812 of 2015, by which a learned Single Judge found that the erections in question were made by Chelamattom temple after the cut off date in Ext.P10 order and issued directions to remove the same.

2. Sri.S.Krishnanunni, learned Senior Counsel for the appellant submitted that Chelamattom temple is located on the banks of Periyar river at Chelamattam Village of Kunnathunadu Taluk of Ernakulam district, and is famous for 'Pithrutharpanam'. 52 cents of land lying adjacent to the Chelamattom Temple belonged to Thozhelil family. When the said property was partitioned among the sharers, an extent measuring 2 cents located close to the river, stated to be an extent of excess land in the possession of the family, was set apart as a place of worship for the members of the family.

3. The case of the appellant/writ petitioner is that the tenth respondent, a member of the Tho