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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K.V.JAYAKUMAR
Raveendra Panicker S/O.Narayanapanicker – Appellant
Versus
District Collector Collectorate, Kottayam – Respondent
Key Points: - The petitions challenge encroachments on temple properties and seek removals by revenue authorities and District Judges (!) (!) (!) (!) -WP(C) Nos. 25175/2020 lead case and connected cases. - The court held the Land Conservancy Act cannot be invoked to evict occupants of private temple lands not under Devaswom Board control; lands belonging to Devaswom Boards only are deemed Government property for LCA purposes (!) (!) . - The court dismissed the writ petitions for maintainability and non-issuance of eviction directions, noting lack of necessary parties (Ooralans/trustees) and applicability limits of Mrinalini Padhi (supra) to private temples (!) (!) [p_26: p_363-p_364] (!) . - Mrinalini Padhi (2018) guidelines were discussed; court concluded general guidelines cannot be invoked to evict occupants of private temples in these cases (!) (!) (!) . - References to constitutional and statutory guidance on necessary/parties and natural justice in writs were discussed (Ooralans as necessary parties) (!) (!) (!) . - Final disposition: Writ Petitions are not maintainable and are dismissed; petitioners may pursue civil remedies in appropriate courts (!) (!) .
| Table of Content |
|---|
| 1. writ petitions concern encroachment on properties of private temples (Para 1 , 2 , 3) |
| 2. petitioners seek court directions for eviction under land conservancy act as temple property (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. respondents argue no locus standi, proper parties absent and guidelines inapplicable (Para 12 , 13 , 14) |
| 4. necessary parties (ooralans/trustees) not impleaded, joinder mandatory for effective adjudication (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. mrinalini padhi guidelines inapplicable to private temples not under devaswom board control (Para 23 , 24 , 25 , 26 , 27 , 28) |
| 6. land conservancy act applies only to devaswom board lands; inapplicable to private temple encroachments (Para 29 , 30 , 31 , 32 , 33) |
| 7. writ petitions not maintainable; reliefs declined; parties directed to civil courts (Para 34) |
JUDGMENT :
K. V. JAYAKUMAR, J.
1. These Writ Petitions are filed under Article 226 of the Constitution of India.
2. The grievance highlighted in all these Writ Petitions, in brief, is that the immovable properties of various temples were encroached by the party respondents. The official respondents are the revenue officials and the District Judges ha
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