IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 31829 of 2008(L) -------------------------- PETITIONER(S): --------------- 1. K.M.VENU, S/O.MADHAVAN NAIR, AGED 45 YEARS, KIZHAKKEKKUTTU HOUSE, KOOTHATTUKULAM P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT. 2. P.R.VIJAYAKUMAR, S/O.RAMACHANDRAN NAIR, PAZHOOR HOUSE, KOOTHATTUKULAM P.O., KOOTHATTUKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.JOSHI RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, ERNAKULAM DISTRICT. GOVERNMENT PLEADER, SRI.R.LAKSHMINARAYAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.31829/2008-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of November, 2008. J U D G M E N T Raman, J. This writ petition is filed by the petitioners claiming themselves to be devotees. Their grievance is that the property of 71 cents comprised in Survey No.93/5B of Koothattukulam Village is allegedly encroached upon by the Co- operative Hospital. The Co-operative Hospital itself is not made a party in this writ petition. The prayer is for a direction to the District Collector to dispose of the petition said to have been filed by the petitioners. In identical matters filed by the Devaswom Board, we have relegated the Devaswom Board to approach the Civil Court. Hence, we cannot take a different view. In the circumstances, we decline to exercise the jurisdiction under Article 226 of the Constitution of India and the matter is left open to be decided by a Civil Court and if the petitioner is so advised he can approach the said forum. The writ petition is dismissed. (P.R. Raman, Judge.) (T.R. Ramachandran Nair, Judge.) ms