IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 34550 of 2004(K) -------------------------- PETITIONERS: ------------ 1. N.KESAVANKUTTY NAIR, SERA 107, PUNNAL ROAD, THIRUVANANTHAPURAM - 39. 2. R.GOPINATHAN NAIR, MURALI NIVAS, TC 25/1764, SREE MOOLAM ROAD, THAMBANOOR, THIRUVANANTHAPURAM-1. BY ADV. SRI.V.P.SUKUMAR SRI.KURYAN THOMAS RESPONDENTS: ------------- 1. THE TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM-3, REPRESENTED BY ITS SECRETARY. 2. THE KERALA STATE HOUSING BOARD THIRUVANANTHAPURAM -1, REPRESENED BY ITS SECRETARY. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. R.GOPALAKRISHNAN POTTY, TC.25/201 (OLD) SANTHI NAGAR, PRESS ROAD, THIRUVANANTHAPURAM-1. 5. SREENIVASAN POTTY, TC.25/202 (OLD) SANTHI NAGAR, PRESS ROAD, THIRUVANANTHAPURAM-1. 6. THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. ADDL.R7: SMT. M. JANAVI, T.C. NO.25/450, SANTHINAGAR, NO.43 B., PRESS ROAD, TVM. - 695 001. R8: SRI G. SREENIVASA RAO, DO. DO. R9: SMT. J. SAVITHRI, DO. DO. R10: SMT. J. SHYLAJA, DO. (ADDL.R7 TO R10 IMPLEADED AS PER ORDER ON IA NO.13960/06 DT.3.12.07) BY ADV. A. JAYASANKAR, SC, KSHB FOR R2 SRI.NAGARAJ NARAYANAN, SC, TDB FOR R1 R3 BY SHRI M.P. SREEKRISHNAN, GOVERNMENT PLEADER SRI.R.T.PRADEEP FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE GOVT. NOTIFICATION DATED 28.6.1971 EXT.P2-TRUE COPY OF REPRESENTATION DATED 15.3.2004 SUBMITTED BY 2ND PETITIONER BEFORE R1 EXT.P3-TRUE COPY OF REPRESENTATION DATED 26.4.2004 EXT.P4-TRUE COPY OF DO. DATED 31.5.2004 EXT.P5-TRUE COPY OF LETTER DATED 30.7.2004 EXT.P6-TRUE COPY OF JUDGMENT IN A.S.NO.167/87 EXT.P7-TRUE COPY OF REPRESENTATION DT.10.8.2004 EXT.P8-TRUE COPY OF LETTER DATED 14.9.2004 EXT.P9-TRUE COPY OF LETTER DATED 27.9.2004 RESPONDENTS' EXTS: EXT.R1(A)-TRUE COPY OF LETTER DATED 21.11.2005 ISSUED BY THE ADDITIONAL TAHSILDAR, TALUK OFFICE, TRIVANDRUM TO THE DEPUTY COLLECTOR, TRIVANDRUM. EXT.R5(A)-TRUE COPY OF MAHZAR DATED 22.2.1971 EXT.R5(B)-TRUE COPY OF COMMUNICATION IN THE YEAR 1978 FROM HOUSING BOARD EXT.R5(C)-TRUE COPY OF NOTICE DATED 22.8.95 FROM CORPORATION OF TRIVANDRUM. EXT.R5(D)-TRUE COPY OF JUDGMENT DATED 20.9.85 IN OS 108/80 BY THE COURT OF IIND ADDL. SUB JUDGE, TRIVANDRUM. // TRUE COPY // P.S. TO JUDGE H.L.Dattu, C.J. & T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.34550 of 2004-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of May, 2008. JUDGMENT Ramachandran Nair, J. The main prayer in the writ petition is for a direction to the Travancore Devaswom Board to demarcate the properties of Sree Bala Subramanya Swamy Temple, Puthenchantha, Thambanoor, Thiruvananthapuram and to evict respondents 4 and 5 from the Santhi Madom of the said temple. The allegation pertains to the continuance of respondents 4 and 5 in the Santhi Madom, illegally. 2. The contention raised by respondents 4 and 5 is that they in possession of the buildings independent of any rights of the Temple and the Devaswom Board. According to them, the same do not belong to the Temple. They rely upon Ext.P6 judgment in A.S. No.167/1987. It was a suit filed by the Travancore Devaswom Board wherein the above respondents were arrayed as defendants. 3. As this court has already appointed Ombudsman to look into the complaints regarding the occupation of temple properties by third parties, the remedy of the petitioners is to approach the Ombudsman by filing appropriate application or complaint, as the case may be, arraying the necessary parties also. The Ombudsman will issue notice and hear the respective parties and take appropriate decision in accordance with law. We request the Ombudsman to consider the complaint that may be filed by the petitioners, after issuing appropriate notices to all the parties. The parties are at liberty to adduce such evidence which are available in their possession to substantiate their WPC 34550/2004 -2- case. With these observations, the writ petition is disposed of. Ordered accordingly. H.L.Dattu, Chief Justice. T.R. Ramachandran Nair, Judge. kav/