IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH DECEMBER 2010 / 17TH AGRAHAYANA 1932 WP(C).No. 30057 of 2010(F) ---------------------------------------- PETITIONER(S): ----------------------- LAKSHMI I.V., VAIKUNDOM, NEAR SREE KRISHNA TEMPLE, MALAYINKEEZHU.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE, SMT.MINI GOPINATH. RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, MALAYINKEEZHU POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695 001. 2. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER, NANDANCODE, THIRUVANANTHAPURAM-695 001. 3. THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, MALAYINKEEZHU SREE KRISHNA SWAMI TEMPLE, NEYYATTINKARA SUB GROUP, THIRUVANANTHAPURAM DISTRICT-695 121. 4. THE SPECIAL TAHSILDAR, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM-695 001. 5. THE MALAYINKEEZHU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MALAYINKEEZHU.P.O., THIRUVANANTHAPURAM-695 001. WP(C).No. 30057 of 2010(F) 6. THE MALAYINKEEZHU SREE KRISHNA SWAMI TEMPLE, UPADESHAKA SAMITHI, MALAYINKEEZHU.P.O., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY, PIN-695 001. 7. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM-695 001. 8. THE TALUK SURVEYOR, NEYYATTINKARA-695 121. 9. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1, R4, R7 TO R9 BY SR.GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. R2 & R3 BY SRI.K.N.VENUGOPALA PANICKER, SC, TDB. ADV. SRI.KRISHNAKUMAR MANGOT ,AMICUS CURIAE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30057 of 2010(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SETTLEMENT DEED DATED 24/01/1994. EXT.P2: COPY OF THE PROCEEDINGS NO.ROC.15035/2008/LAND DATED 26/11/2008 OF THE 2ND RESPONDENT. EXT.P3: COPY OF THE NOTICE DATED 31/01/2009 ISSUED BY THE ADDITIONAL TAHASILDAR, NEYYATTINKARA TO THE PETITIONER. EXT.P4: COPY OF THE NOTICE DATED 31/01/2009 ISSUED TO THE 4TH RESPONDENT BY THE ADDL. TAHASILDAR. EXT.P5: COPY OF THE REPORT DATED 11/02/2009 WITH THE SKETCH OF THE TALUK SURVEYOR, NEYYATTINKARA. EXT.P6: COPY OF THE PROCEEDINGS NO.G4-45194/08 DATED 11/03/2009 OF THE ADDITIONAL TAHASILDAR, NEYYATTINKARA. EXT.P7: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. EXT.P8: COPY OF THE COMMUNICATION DATED 05/10/2009 OF THE 8TH RESPONDENT. EXT.P9: COPY OF THE LETTER NO.G2-24527/09 DATED 22/10/2009 OF THE TAHASILDAR, NEYYATTINKARA. EXT.P10: COPY OF THE REPORT OF TALUK SURVEYOR, NEYYATTINKARA DATED 24/10/2009. EXT.P10(a): COPY OF THE EXHIBIT P10. EXT.P11: COPY OF THE ORDER DATED 31/05/2010 IN APPEAL NO.363/10 OF THE TRIBUNAL FOR LSGI. EXT.P11(a): COPY OF THE BUILDING PERMIT NO.67/10-11 DATED 14/07/2010 ISSUED BY THE MALAYINKEEZHU GRAMA PANCHAYATH. EXT.P12: COPY OF THE REPRESENTATION DATED 26/07/2010 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C).No.30057 of 2010-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of December, 2010. Judgment Thottathil B.Radhakrishnan, J . The petitioner claims that the boundary between her property and the property of Malayinkeezhu Sree Krishna Swami Temple was appropriately fixed by the statutory authorities, however that, she is unable to put up a compound wall in view of the resistance by the sixth respondent Temple Upadeshaka Samithi. The matter was sent to the learned Ombudsman who, after examining it, states that the District Collector will have to consider the question of conflict in the extent as claimed on the basis of the old survey records and the re -survey records. The Board states that it has filed an application before the District Collector for appropriate relief. We are clear in our mind that a dispute of this nature is not a matter falling under Article 226 or within the WPC30057/10 -: 2 :- province of the authority of the High Court under the Travancore Cochin Hindu Religious Institutions Act. It is, therefore, justified that the parties say that they could prosecute the matter before the District Collector. We, hence, direct the District Collector, Thiruvananthapuram to take up the matter and render a decision in accordance with law after hearing necessary parties. The Devaswom Board will also place a copy of the report No.176/2010 of the learned Ombudsman before the District Collector. Let a decision be taken within three months. The Devaswom Board will give a copy of the petition that it has presented to the District Collector. Let that be done by delivering a copy to the learned counsel for the petitioner. Leaving open all contentions, this writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/1312