IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &

THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

FRIDAY, THE 14 TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WP(C) NO. 5575 OF 2025 PETITIONER:

TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, REP. BY IT’S SECRETARY, PIN 695601.

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BY ADV G.SANTHOSH KUMAR (P).

RESPONDENTS:

1 STATE OF KERALA, REVENUE (DEVASWOM) DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REP.BY SPECIAL SECRETARY TO GOVERNMENT, PIN 695001.

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2 DISTRICT SURVEY SUPERINTENDENT, SURVEY AND LAND RECORDS, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN 682030.

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3 THE STATION HOUSE OFFICER, ANGAMALY POLICE STATION, NEAR KSRTC STAND, ERNAKULAM, PIN 683572.

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4 THE TEMPLE ADVISORY COMMITTEE, CHIRAKKAL MAHADEVA TEMPLE, PULIYANAM, ERNAKULAM, 683572.

REP.BY IT’S PRESIDENT, PIN –

5 REMADEVI, AGED 50 YEARS, D/O PARAMESHWARAN NAIR, POOMKUDI (H), KANJOOR P.O., KALADY, ERNAKULAM DISTRICT, "NOW RESIDING AT C/O.

MOHANAN, "RAJEEVAM", SREEMOOLANAGARAM P.O., ALUVA, ERNAKULAM DISTRICT, PIN 683580.

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6 RAJEEV KUMAR, AGED 55 YEARS, S/O. PARAMESHWARAN NAIR, "NOW RESIDING AT C/O REMADEVI, "RAJEEVAM", SREEMOOLANAGARAM P.O., ALUVA, ERNAKULAM DISTRICT, PIN 683580.

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BY ADVS.

Haridas V N K.R.PRATHISH P.K.SREEVALSAKRISHNAN(K/581/2005)

SAIFUDEEN T.S(K/000746/2018)

B.SHAMEERA(K/349/2009)

NIMISHAMOL SASIDHARAN(K/003702/2023)

R.LAKSHMI NARAYAN (SR.)(K/292/1989)

OTHER PRESENT:

SRI. S. RAJMOHAN, SR. GP;

SRI. G. SANTHOSH KUMAR, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

14.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

Chirakkal Mahadeva Temple is a PD Devaswom (Personal Deposit Devaswom) under the management of the petitioner Travancore Devaswom Board. The said temple is included in the schedule to the Travancore-Cochin Hindu Religious Institutions Act, 1950. The Board has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 3^rd respondent Station House Officer, Angamaly Police Station, to act upon Ext.P4 complaint dated 29.01.2025, made by the Assistant Commissioner, Travancore Devaswom Board, Paravur, and Ext.P5 complaint dated 29.01.2025 made by the 4^th respondent Temple Advisory Committee and to provide necessary support and assistance to the Board for the smooth conduct of the annual festival of the temple, which was scheduled to commence from 15.02.2025 to 22.02.2025, as well as the preparations for that festival. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent District Survey Superintendent to conduct a joint survey along with the Special Tahsildar (Land Conservancy), Travancore Devaswom Board, by measuring the entire extent of the properties in dispute, with recourse to the old and new revenue records, and thereafter take necessary steps to evict the encroachments; and a declaration that respondents 5 and 6 do not have any right to prevent the Board from performing the arattu ritual of Chirakkal Mahadeva Temple, through the access in Survey No.167/9 of Parakkadavu Village, as done in the previous years, as revealed by Ext.P1 photographs.

2. On 11.02.2025, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 3. Notice on admission by special messenger was ordered to respondents 4 to 6, returnable by 13.02.2025. The learned Senior Government Pleader was directed to get instructions from the 3^rd respondent Station House Officer.

3. On 13.02.2025, when this matter came up for consideration, the 4^th respondent Temple Advisory Committee and respondents 5 and 6 entered appearance through respective counsel. The learned Standing Counsel for Travancore Devaswom Board and the learned counsel for the 4^th respondent Temple Advisory Committee submitted that respondents 5 and 6 have filed a suit before the Munsiff Court, Aluva as O.S.No.58 of 2025, seeking an inj