IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 26363 of 2005(L) --------------------------------- PETITIONER(S): ------------------- KADANNAPPALLY SREE VELLALATH SIVA- KSHETRAM, PARIYARAM MEDICAL COLLEGE P.O., KANNUR DISTRICT-670 503, REPRESENTED BY ITS EXECUTIVE OFFICER. BY ADV. SRI.O.V.MANIPRASAD RESPONDENT(S): -------------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE TAHSILDAR, KANNUR. 3. THE VILLAGE OFFICER, KADANNAPPALLY VILLAGE, KANNUR TALUK, KANNUR DIST. 4. THE ASSISTANT COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT THALASSERY. R1 TO R4 BY GOVT.PLEADER SRI.V.T.K.MOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 26363/2005(L) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN PRESCRIBED FORMAT. P2: COPY OF THE PETITION DATED 25/07/2005 SUBMITTED ALONG WITH EXT.P1 BY THE PETITIONER. P3: COPY OF THE LETTER DATED 16/08/2005 SUBMITTED BEFORE THE 2ND RESPONDENT. P4: COPY OF THE LETTER DATED 15/06/2005 OF THE 3RD RESPONDENT. P5: COPY OF THE REPLY DATED 25/06/2005 BY THE PETITIONER TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE svs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.26363 Of 2005 ----------------------------------------------------- DATED THIS THE 28th DAY OF JANUARY, 2011 J U D G M E N T The Writ Petition is filed by the Executive Officer of a Temple, namely Kadannappally Sree Vellalath Sivakshethram. It is averred that the temple is an old one situated in Kadannappilly Village, Kannur Taluk. The HR&CE Department took over the administration of the temple on 26.5.1971. 2. Going by the averments in paragraph 2 of the Writ Petition, the temple had 114.24 Acres of land as per Patta No.1 in Kadannappilly village. As per Patta No.13, the temple had janmam right over 1252.48 Acres of land. It is pointed out that out of 1366.72 Acres of land, 253.05 Acres were given to cultivating tenants who were in possession of the land and major portion of the remaining items are in possession of the temple. The Survey Nos. are shown as 217/2B, 256/1, 256/1A, 256/1B and 256/1B2 of Kadannappally Village. 3. Pursuant to the order passed by the Taluk Land Board, Kannur, 26 Acres of land in re-survey No.84/2B of Kadannappilly Village belonging to one P.P.Muhammed Kunhi was found as W.P.(C)No.26363/05 -2- excess,and it was ordered to be surrendered. The Writ Petition was filed when the revenue authorities had taken steps to measure the property of the temple comprised in re-sruvey No.256/1B2 under the guise that the same is included in re- survey No.84/2B. Even though the temple authorities wanted to refix the boundary, it appears that no action was taken. Accordingly an application was filed as per Exhibit P1 to measure and demarcate the survey boundaries of the properties of the temple in various survey numbers. It was followed by Exhibit P2 representation. Thereafter, by Exhibit P4, they were informed that re-survey was conducted and Survey No.84/2B the temple has no title or possession over survey No.256/1B2. This was replied by the petitioner as per Exhibit P5, disputing the contents of Ext.P4. 4. There cannot be any dispute that the properties surrendered by the declarant before the Land Board, namely, P.P.Muhammed Kunhi will have to be separately surveyed and demarcated before assignment. But under the guise of the same, the properties of the temple cannot be sought to be assigned as alleged by the petitioner. A proper survey will have to be W.P.(C)No.26363/05 -3- conducted to demarcate the boundaries of the properties belonging to the temple. 5. Accordingly, there will be a direction to the respondents to consider the representations and take appropriate action to demarcate and survey the properties of the temple so as to fix up the boundary with notice to the authorities of the temple. In the meanwhile, no assignment will be effected, so far as the properties of the temple are concerned. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn