THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.06.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Raja Vijayaraghavan V, J.

The instant Writ Petition has been filed by the petitioners challenging the action of respondents 1 to 4 in erecting a gate within the arch sponsored by the 1st Grade Siva Temple, Kappil. According to the petitioners, both the arch and the gate are being erected on a public pathway belonging to the Edava Grama Panchayat and comprised in Re-Survey No. 18 (Old Survey No. 138) of Edava Village. It is on these assertions that the present Writ Petition has been instituted seeking the following reliefs::

i. “To issue a writ of mandamus or any other appropriate writ order or direction commanding the Respondents 1 to 4 to desist from erecting the Gate in the Arch of the Edava 1st Grade Siva Temple in the Public Pathway of the 6th Respondent Grama Panchayath situated in Re-Sy.No:18 (Old Sy.No:138) of Edava Village.

ii. To declare that the Respondents 1 to 4 have absolutely no right or jurisdiction ‘to erect the Gate in the Public Pathway in the Arch of the Edava 1st Grade Siva Temple in the Public Pathway of the 6th Respondent Grama Panchayath situated in Re-Sy.No:18 (Old Sy.No:138) of ] Edava Village.

iii. To issue a writ of mandamus or any other appropriate writ order or direction commanding the 1st Respondent to consider and dispose of Ext.P6 within a stipulated time as directed by this Hon'ble Court and till then the proceedings to erect the Gate in the Public Pathway in the Arch of the Edava 1st Grade Siva Temple in the Public Pathway of the 6th Respondent Grama Panchayath situated in Re-Sy.No:18 (Old Sy.No:138) of Edava Village.

iv. To declare that the Pathway in the Arch of the Edava 1st Grade Siva Temple of the 6th Respondent Grama Panchayath situated in Re-Sy.No:18 (Old Sy.No:138) of Edava Village is not a Devaswom property as provided under Section 27 of the Travancore Cochin Hindu Religious Institution Act 1950 .”

A counter affidavit has been filed by respondents 1 to 4. It is stated therein that the pathway in respect of which the dispute has arisen leads to the temple and forms part of the Pradakshina Vazhi of the sub-deities. It is further stated that, subsequent to the institution of the Writ Petition, the petitioners filed O.S. No. 209 of 2018 before the Munsiff's Court, Varkala, seeking a permanent prohibitory injunction restraining the Travancore Devaswom Board and the Temple Advisory Committee from obstructing ingress and egress through the said pathway. It is specifically contended that the property in question belongs to the temple. According to the respondents, the sub-deities of Kappil Devaswom, namely Yakshi Amma, Nagaru and Brahmarakshasu, are situated on either side of the road leading to the temple. It is further asserted that this is evident from the records pertaining to the original Prathishta. The respondents contend that the mere fact that the petitioners and others have been using the temple compound, which has remained open to the public, does not confer upon them any legal right over the property. It is also stated that a perusal of Ext. P5, being a copy of the Basic Tax Register (BTR) issued by the Village Officer, Edava, would indicate that the property originally stood in the name of Kappil Devaswom and was subsequently and erroneously corrected as Panchayat property.

In response, the petitioners have filed a reply affidavit contending that the assertion that the disputed pathway forms part of Devaswom property is wholly incorrect. The petitioners further dispute the averment that they had instituted O.S. No. 209 of 2018 before the Munsiff's Court, Varkala. According to them, the said suit was instituted by Sri Haridas Sharma and Sri Reghunatha Sharma and not by the petitioners herein. It is also contended that the petitioners have perfected title over the pathway by adverse possession and long, continuous use for access to