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CASE NO.:

Appeal (civil) 3135 of 2007

PETITIONER:

A.A. GOPALAKRISHNAN

RESPONDENT:

COCHIN DEVASWOM BOARD & ORS

DATE OF JUDGMENT: 19/07/2007

BENCH:

K. G. Balakrishnan & R V Raveendran & Dalveer Bhandari

JUDGMENT:

J U D G M E N T

CIVIL APPEAL NO 3135 OF 2007

[@ SPECIAL LEAVE PETITION (CIVIL) NO. 26712 OF 2005)]

K.G. BALAKRISHNAN, CJI

Leave granted. Application for exemption from filing O.T. is

granted.

2. An extent of 21 cents of land in Survey No.1042/2 of

Mulanthuruthy village, Kanayannur Taluk, Ernakulam District, belonged

to Karikkode Sastha and Maha Vishnu temple under the management of

Cochin Devaswom Board (’Board’ for short).

3. One T.K.Asokan filed a complaint before the High Court of Kerala

alleging that respondents 3 and 4 had encroached upon the said land, and

were in illegal possession. The complaint was registered as CDB

No.3/1996. The High Court by order dated 12.6.1997 held that the said

Sy No.1042/2 (21 cents) was part of the property of Karikkode Sastha

and Vishnu Temple and gave a direction to the Board to take possession

of the said land without delay. Respondents 3 and 4 chall