IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 WP(C).No. 10921 of 2011(M) ------------------------------------- PETITIONER(S): ----------------------- M.G.KESAVAN NAIR, MAZHUVANCHERY HOUSE, KIZHATHADIYOOR.P.O., PALA, (SECRETARY, TEMPLE ADVISORY COMMITTEE, THRIKKAYIL MAHADEVA TEMPLE, KIZHATHADIYOOR). BY ADV. SRI.S.MANU SMT.K.DEEPA (PAYYANUR) RESPONDENT(S): -------------------------- 1. TRAVANCORE DEVASWOM BOARD, REP.BY IT'S SECRETARY, DEVASWOM BOARD OFFICE, NANTHENCODE, THIRUVANANTHAPURAM.PIN-695001 2. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, ETTUMANOOR, ETTUMANOOR.P.O., KOTTAYAM.PIN-686001 3. THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, LALOM SUB GROUP, LALOM, PALA.PIN-686001 4. MEENACHIL TALUK N.S.S.UION, REP.BY IT'S PRESIDENT, KIZHATHADIYOOR, PALA.PIN-686001 R1 TO R3 BY ADV.SRI.NANDAGOPAL NAMBIAR.V.V ADV. SRI.RAJEEV V.KURUP FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10921 of 2011(M) APPENDIX EXHIBIT P-1: TRUE COPY OF THE ORDER DATED 10.1.2003 IN D.B.ANO.13/2001. EXHIBIT P-2: TRUE COPY OF THE ORDER DATED 4.4.2003 IN C.M.P NO.1291/2003 IN D.B.A.NO.13/2001. EXHIBIT P-3: TRUE COPY OF THE ORDER DATED 16.10.2003 IN D.B.A NO.13/2001. EXHIBIT P-4: TRUE COPY OF THE AGREEMENT EXECUTED BY THE RESPONDENTS 2 AND 4 DATED 23.6.2004. EXHIBIT P-5: TRUE COPY OF THE NOTICE DATED 18.3.2009 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. //TRUE COPY// P.A.TO JUDGE MNS THOTTATHIL B. RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. * * * * * * * * * * * * * * * * * * * * * * * * W.P.C.No.10921 of 2011 --------------------------- Dated this the 15th day of June 2011 J U D G M E N T Thottathil B.Radhakrishnan, J. The petitioner says that he is a devotee of the Thrikkayil Mahadeva Temple. He also says that he is the Secretary of the Temple Advisory Committee of that temple. The 4th respondent, according to it, obtained lease of an item of land and is constructing a building. Earlier proceedings before this Court also vouchsafe to that fact situation. As of now, while the petitioner says that respondents 1 to 3 should be directed to evict the 4th respondent, the learned Standing Counsel for Travancore Devaswom Board states that the Board is of the view that Ext.P5 has to be given effect. It is not within the domain of this Court to hold back the Board from dealing with the lessee in such a manner as may be permissible in accordance with law. However, the controversy touching the aspect may require a deeper look by the learned Ombudsman. W.P.C.No.10921/2011 2 2. We accordingly direct the parties to appear before the learned Ombudsman for the Travancore and Cochin Devaswom Board, mark their appearance and produce a copy of the judgment following of which the learned Ombudsman will hear the parties on the controversies, take on record the specific stand of the T.D.B in relation to the lease in question including its continuance and quality of occupation and place a report to this Court as to the result of the consideration. The Board shall express its clear views touching the lease and place an affidavit before the learned Ombudsman. The learned Ombudsman, having regard to the fact that the land is Devaswom land, is requested to place his views after considering the matter. The parties are directed to mark their appearance before the learned Ombudsman on 23/06/2011. This writ petition is accordingly closed. (THOTTATHIL B. RADHAKRISHNAN, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.10921/2011 3