IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WA.No. 307 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36143/2007 Dated 12/12/2007 .................... APPELLANT: PETITIONER ------------------------------------ THRIKKOVILVATTOM GRAMA PANCHAYAT, REPRESENTED BY ITS SECRETARY, THRIKKOVILVATTOM GRAMA PANCHAYAT, MUKHATHALA, KOLLAM. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: RESPONDENTS -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOLLAM. 3. THE REVENUE DIVISIONAL OFFICER, KOLLAM. 4. THE TAHSILDAR, KOLLAM. 5. THE VILLAGE OFFICER, THRIKKOVILVATTOM VILLAGE, KOLLAM. 6. TRAVANCORE DEVASWAM BOARD, REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWAM BOARD, THIRUVANANTHAPURAM. 7. A.SELVARAJAN, SECRETARY, SREE DHARMASASTHA TEMPLE ADVISORY COMMITTEE, KANNANALLOOR P.O, KOLLAM. SC FOR TDB SRI.NAGARAJ NARAYANAN SR. GOVT. PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.A.No.307 of 2008 ----------------------------------------- Dated this the 1st day of February, 2008 JUDGMENT Koshy, J. There was dispute regarding the landed property measuring 44.50 ares of land. According to the Panchayat, it is a Government property vested with the Panchayat. The Sree Dharmasastha Temple claimed that it is temple property. The temple authority approached this Court stating that others are encroaching upon the petitioner's property. This Court disposed of the Writ Petition ordering that if they have got any dispute that it is a temple property, they have to approach the revenue authorities. Thereafter, the matter was heard by the R.D.O and since the attempt of the R.D.O for an amicable settlement was failed after measurement, it is declared that it is a temple property. It is true that the dispute whether it is a temple property or vested with the Government is to be decided finally by the civil court. The decision of the R.D.O that it is a temple property, is subject to the decision of the civil court. If any parties are aggrieved, it is for them to approach the civil court. We are not interfering with the judgment of the learned Single Judge. But, we W.A.307/08 2 further make it clear that the findings of the civil court will be final and the civil court can dispose of the matter untrammelled by the findings of the Revenue Divisional Officer. The Writ Appeal is disposed of as above. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs.