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 Thozhelil family pretends that there exists a Bhagavathi Temple in the said 2 cents and formed a trust in the year 2010 for managing the affairs of that temple. It is alleged by the appellant that after forming the trust, the tenth respondent has trespassed into the adjoining river puramboke on the banks of river and constructed a new temple and allied structures. It is further alleged that the tenth respondent has also installed a contribution box for the newly constructed temple in the nearby public road.

4. In the writ petition, the main relief sought for was for a declaration that the 10th respondent has no right or authority to construct temples, Bhandaram and other structures in Government Puramboke land of Periyar River and road Puramboke of Chelamattom temple road of the 8 respondent, of Chelamattom Kara of Chelamattom Village of Kunnathunadu taluk and to perform religious practices and construction activities therein.

5. Writ petitioner/appellant had also sought for a direction to the respondents 1 to 9 to remove the illegal and unauthorized constructions including temple, Bhandaram and other structures, done by the 10th respondent or his men, or agents in Government Puramboke land of Periyar River and road Puramboke of Chelamattom temple road of the 8th respondent, of Chelamattom Kara of Chelamattom Village of Kunnathunadu Taluk, duly evicting him and his men or agents therefrom.

6. Direction of this court was also sought to prevent the 10th respondent and his men and agents from doing any construction or religious activities in Government Puramboke land of Periyar River and road Puramboke of Chelamattom temple road of the 8th respondent, of Chelamattom Kara of Chelamattom Village and direction to prevent the 10th respondent from playing loud speakers, preparing Balithara and conducting of Vavubali and Pithrutharpanam in the river Puramboke of Periyar River at Chelamattom Kara of Chelamattom Village of Kunnathunadu taluk.

7. After considering the pleadings and the materials on record, learned single Judge disposed of the writ petition by the impugned judgment, relevant portion of which reads thus:

“7. As noted, the case of the petitioner is that the Bhagavathi Temple that exists in the neighbourhood of the Chelamattom Temple is an unauthorized structure erected by the tenth respondent in Government puramboke and the same is, therefore, liable to be removed. Though the tenth respondent has stated in the counter affidavit filed by him that the Bhagavathi Temple is situated in the registered land adjoining the puramboke, he himself has produced Ext.R10(h) report and sketches prepared by the Village Officer demarcating the boundary of the registered lands and puramboke land in the area. Ext.R10(h) report and sketches prima facie indicate that both th