ORDER :

G.R.SWAMINATHAN, J.

The issue raised in all these writ petitions is one and the same. While three of the writ petitions have been filed by Arulmigu Karikottu Kandan Sastha Thirukovil, W.P.(MD)No.4563 of 2018 has been filed by an NGO namely, Rural Development Movement, represented by S.Emil Jebasingh.

2.The question that calls for consideration is whether the temple management is entitled to fence the property comprised in S.No.539/10, Enayamputhenhurai Village, Keezhkulam Town Panchayat, Vilavancode Taluk, Kanyakumari District. This village was originally part of Thiruvangoor Samasthanam. Arulmigu Karikottu Kandan Sastha Temple appears to have been established several centuries ago. Our attention was drawn to the records maintained by the erstwhile Revenue Trivangur State for Eraniel Taluk. It is seen therefrom that S.No.954 has been classified as poramboke and in the final column, the existence of Arulmigu Karikottu Kandan Sastha Temple has been specifically mentioned. It is not dispute that Old S.No.954 corresponds to New S.No.539. Since the government wanted to form a channel across S.No.539, it came to be sub-divided into S.Nos.539/1 to 539/16. The channel was formed in S.Nos.539/8 and 539/12. S.Nos.539/1, 539/10 and 539/11 have been classified as belonging to the temple. In column No.12, it has been specifically mentioned that these survey numbers belong to the temple. Of course, in Column Nos.3 and 4, it has been mentioned as government poramboke.

3.It is well settled that the land that has not been assessed to tax has been classified as poramboke. Traditionally, temple lands were not assessed to tax. The employment of expression “poramboke” will not make any difference. In fact, temple lands have been classified as “temple poramboke lands”. The Hon'ble Division Bench in the decision rendered in W.A.(MD)No.126 of 2022 etc batch dated 13.06.2022 had held that even if in Column No.3, it has been mentioned as Arasu / Government poramboke, that would not take away the character of the land as belonging to temple. If in column No12, the existence of temple is duly reflected.

4.We, therefore, have no difficulty in coming to the conclusion that S.Nos.539/1, 539/10 and 539/11 belong to Arulmigu Karikottu Kandan Sastha Temple. In fact, the NGO itself was fair enough in conceding this. In ground No.(g) of the affidavit filed in support of W.P.(MD)No.4563 of 2018, the NGO had conceded that as per revenue record, R.S.No.539/1, 10 and 11 with an extent of 3.57 acres is “kovil poramboke”. They, however, contest the usage of land in S.No.539/10. According to NGO, this land has been used as a pathway and for public purposes by the villagers. On account of the fencing of the land comprised in S.No.539/10, according to NGO, the traditional usage of the land was obstructed and that gave rise to law and order issues. The NGO thereupon filed W.P.(MD)No.7333 of 2014 for removing the fence. This Court had vide order dated 22.07.2014 directed the District Collector to consider the NGO's representation and pass an appropriate order. Pursuant to the said direction, the District Collector, Kanyakumari passed order dated 26.12.2014 directing the temple management to remove the fence. The same was challenged in W.P.(MD)No.100 of 2015 by the trustee. To enforce the said order, the NGO filed W.P.(MD)No.4563 of 2018. Since there was change of trustee, the new trustee filed W.P.(MD)No.8077 of 2021 questioning the very same order dated 26.12.2024. Status quo orders were granted in the writ petitions filed by the temple management. However, the local legislators took up the issue and threatened to stage dharna. Law and order problems erupted. Hence, the District Collector convened a peace committee meeting. The District Collector came to the conclusion that considering the usage of the land by the local villagers, S.No.539/10 had to be further sub-divided and reclassified as pathway. To this effect, order dated 26.04.2022 was passed. Challenging the sa