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

THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

TH THURSDAY, THE 30 DAY OF JANUARY 2025/10TH MAGHA, 1946 W.P.(C)NO.3256 OF 2025 PETITIONER:

VINOD K, AGED 51 YEARS S/O. KUMARAN ACHARY SREE DURGA, PATHIYOOR EAST, KEERIKKAD P.O., ALAPPUZHA, PIN - 690508 BY ADVS.SADCHITH.P.KURUP C.P.ANIL RAJ; SIVA SURESH ATHIRA VIJAYAN; B.SREEDEVI SWATHI KRISHNA P.H.

RESPONDENTS:

1 TRAVANCORE DEVASWOM BOARD REP. BY ITS SECRETARY, DEVASWOM BOARD OFFICE, NANTHANCODE THIRUVANANTHAPURAM, PIN - 695003

2 DEVASWOM ASSISTANT COMMISSIONER OFFICE OF THE DEVASWOM ASSISTANT COMMISSIONER, KALLUMALA, MAVELIKARA, KERALA, PIN - 690110

3 THE SPECIAL TAHSILDAR (LAND CONSERVANCY)

TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003

4 THE VILLAGE OFFICER PATHIYOOR VILLAGE OFFICE, PATHIYOOR, PIN - 690106

5 SREEMANKULANGARA DEVASWOM REP. BY ITS SECRETARY, PATHIYOOR VILLAGE, KEERIKKAD P.O., KARTHIKAPPILLY, PIN - 690508 OTHER PRESENT:

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

30.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The petitioner, who is a devotee of Kuttikulangara Sree Bhadrakali Temple, under the Pathiyoor Sub Group, which is a temple under the management of the 1^st respondent Travancore Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, commanding respondents 1, 3 and 4 to comply with the directions contained in Ext.P5 order of this Court dated 27.09.2024 in R.P.No.1006 of 2024. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent Devaswom Assistant Commissioner to consider and pass orders on Ext.P6 complaint dated 15.01.2025, within a time frame fixed by this Court.

2. On 28.01.2025, when this writ petition came up for admission, the learned counsel for the petitioner was directed to address arguments on the maintainability of the 1^st relief in a writ petition filed under Article 226 of the Constitution of India. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Travancore Devaswom Board for the respondents.

4. The petitioner had earlier approached this Court in W.P.(C)No.2568 of 2019, followed by W.P.(C)No.28292 of 2024.

W.P.(C)No.28292 of 2024 was disposed of by Ext.P4 judgment dated 05.09.2024. Paragraphs 3 to 5 of that judgment read thus;

“3. Ext.P3 is the judgment in W.P.(C)No.2568 of 2019. Similar reliefs in respect of the property in dispute were claimed in the said writ petition. Noticing that a civil suit was pending before the competent civil court concerning the matter in issue, this Court closed that writ petition, without prejudice to the rights and liberties of the parties to pursue the proceedings before the civil court.

4. As per Ext.P4 judgment the said civil suit, O.S.No.336 of 2018, was dismissed. The learned Standing Counsel for the Travancore Devaswom Board would submit that an appeal filed against Ext.P4 judgment is pending before the Additional District Court, Mavelikkara as A.S.No.44 of 2023. It is also submitted that another suit, O.S.No.414 of 2018, filed by the person who allegedly trespassed upon 4 cents of property belonging to the Temple is pending consideration of the Munsiff’s Court, Kayamkulam. The dispute concerning right over the properties is pending consideration of the competent civil courts. Therefore, the matter cannot be decided in this writ petition. The observations of this Court in Ext.P3 judgment is quite relevant now as well.

5. In the circumstances, this writ petition is disposed of leaving the parties to pursue their claims before the civil courts, where the aforementioned proceedings are pending.

5. Seeking review of Ext.P4 judgment 05.09.2024 in W.P.(C)No.28292 of 2024, the petitioner had filed R.P.No.1006 of

2024, pointing out that the number of the appeal which is pending before the Addit