IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 16829 of 2008(C) -------------------------- PETITIONER: ------------ VATTAPARAMBU SIVA VISHNU KSHETHRA KSHEMA SMITHY MURIYAD P.O., THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY M. SANKARANKUTTY, S/O GOPALAN NAIR, MDATHIL HOUSE, MURIYAD P.O., KALLETTINKARA, THIRUSSUR DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, THRISSUR. 2. THE COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, COCHIN. 3. MURIYAD GRAMA PANCHAYATH, MURIYAD, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY. 4. THE TAHSILDAR, MUKUNDAPURAM. 5. KOORAVANGAD RAMAKRISHNA MENON, MURIYAD P.O., THRISSUR DISTRICT. 6. PAULSON, NEREPARAMBIL HOUSE, MURIYAD P.O., THRISSUR DISTRICT 7. CHITHRA, W/O SUNILKUMAR, MADASSERRY HOUSE, MURIYAD P.O., THRISSUR DISTRICT. 8. GOPALAN NAIR, MADATHIL HOUSE, MURIYAD P.O., THRISSUR DISTRICT. 9. SATHYAN, S/O JANAKI AMMA, KANDEDATH HOUSE, MURIYAD P.O., THRISSUR DISTRICT. 10. SONY, S/O KURIAPPN, MARATHAMPILLY HOUSE, MUEIYS P.O., THRISSUR DISTRICT. BY GOVERNMENT PLEADER, SRI.R.LAKSHMINARAYANAN STANDING COUNSEL, SRI K.GOPALAKRISHNAKURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.16829 of 2008-C ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 5th day of June, 2008 J U D G M E N T P.R.RAMAN, J. The Vattaparambu Siva Vishnu Kshethra Kshema Samithy at Muriyad is the petitioner. 2. The dispute centres from the question as to whether the shed constructed near a Banyan tree on the pathway leading to the Vattaparambu Siva Vishnu temple is in the property belonging to the Devaswom or belonging to the Government or any other party. 3. Writ petition No.29189/2007 filed before this Court earlier ended in Ext.P4 judgment, dated 11/10/2007, by which the District Collector was directed to take action against the encroachers if the land belongs to the Cochin Devaswom Board. Complaining non compliance of this judgment, petitioner filed Contempt of Court Case No.169/2008 and Ext.P7 judgment was rendered by this Court on 21/02/2008, wherein it was observed that the District Collector's finding is that the shed in question now stands in the puramboke land. The District Collector has admittedly endorsed a copy of that order to the petitioner to enable W.P.(C)..No.16829/2008-C -: 2 :- the petitioner to raise its contentions in appropriate forum. Now the petitioner wants such an action to be pursued by the Devaswom and has filed this writ petition. 4. We heard the learned counsel appearing for the petitioner, learned Standing Counsel Sri.K.Gopalakrishna Kurup and the learned Government Pleader. 5. In the facts and circumstances of this case, we direct the Cochin Devaswom Board to take such further proceedings either by filing a revision before the Government or by instituting a civil suit in case it is Devaswom property so that an ultimate decision may come after measurement of the property whether it belongs to the Government or the Devaswom. 6. Once the main dispute is decided and if it is found that the property belongs to the Devaswom, necessarily, the Devaswom will approach the Government for further action for removal of all the encroaches. This writ petition is disposed of as above. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms