Petitioners can't invoke high court jurisdiction under Article 226 for encroachment claims while related civil suits are pending; remedies must be pursued through competent civil courts.

Anil K. Narendran, J.

The petitioner, who is stated to be the Ooralan of Chelavoor Sreekrishna Temple at Koothuparamba in Kozhikode District, has filed this writ petition under Article 226 of the Constitution of India, seeking an order directing the District Judge, Kozhikode to consider Ext.P12 petition dated 06.01.2025 filed under Section 92 of the Code of Civil Procedure, 1908 , conduct an enquiry and file a report before this Court as directed by the Apex Court in its order dated 05.07.2018 in W.P.(C)No.649 of 2018. The petitioner has also sought for a writ of mandamus commanding respondents 1 and 2 to take appropriate steps under the provisions of the Kerala Land Conservancy Act, 1957 , for removing the encroachments of respondents 3 to 15 in the land having an extent of 2.09 Acres comprised in Sy.Nos.72/1 and 73/5 of Chelavur Village, belonging to Chelavoor Sreekrishna Temple.

2. Going by the averments in the writ petition, though the property having an extent of 2.09 Acres is recorded as the property of Chelavoor Sreekrishna Temple, as temple and pond in Ext.P1 settlement register dated 08.07.1903, the total extent of the land of the temple has been reduced to 1.46 Acres in revenue records, after re-survey. The Temple is presently in possession of only 75 cents of land and the remaining extent is encroached by respondents 3 to 15. The properties encroached by the party respondents are lying contiguous to the temple. In the writ petition, it is alleged that respondents 3 to 5 have encroached on around 40 cents of property on the eastern side of the temple, near Althara. Respondents 6 to 11 have encroached on around 35 cents of land on the southern side of the temple. The 12^th respondent has encroached on around 6 cents of land on the western side of the temple. Respondents 13 to 15 have encroached 50 cents of land, including the temple pond, situated on the southern side of the temple.

3. The petitioner had earlier filed W.P.(C)No.11710 of 2018 before this Court seeking disposal of an application made in Form No.10 under the provisions of the Survey and Boundaries Act, 1961, to survey the properties of the temple. That writ petition was disposed of by Ext.P7 judgment dated 04.04.2018, directing the Taluk Surveyor, Kozhikode, to conclude the proceedings with notice to the petitioner and all affected parties, including Chelavoor Sreekrishna Temple, within a period of four months. Pursuant to the direction contained in Ext.P7 judgment, a survey was conducted and the properties belonging to the temple were found out. However, no action has been taken so far.

4. In the writ petition, it is stated that the 12^th respondent, who is the daughter of the 7^th respondent, filed O.S.No.814 of 2018 before the Munsiff Court, Kozhikode, seeking injunction restraining the defendants therein from trespassing into property, which is in possession of the 12^th respondent. That suit was decreed with cost, whereby the defendants and their men were restrained by a decree of perpetual prohibitory injunction from trespassing into the plaint schedule property, from obliterating its boundaries and from obstructing the enjoyment, protection and possession of the plaint schedule property by the plaintiff in any manner. Similarly, respondents 3, 4 and 5 have filed O.S.No.679 of 2018 before the Munsiff Court, Kozhikode for an injunction restraining the defendants therein from trespassing into the property, which is in their possession. A copy of the plaint is marked as Ext.P8. Defendants 1 to 6 filed Ext.P9 written statement, pointing out that the property belongs to Chelavoor Sreekrishna Temple. The written statement filed by the 7^th d