IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH JULY 2007 / 3RD SRAVANA 1929 WP(C).No. 12470 of 2007(H) -------------------------- PETITIONER: ------------ M.PHALGUNAN, MELEDATH HOUSE, PAYYAVUR AMSOM, DESOM, KANNUR DISTRICT. BY ADV. SRI.MOHAN C.MENON RESPONDENTS: ------------- 1. THE COMMISSIONER, HR & CE (ADMINISTRATION) DEPARTMENT, KOZHIKODE. 2. PAYYAVOOR DEVASWOM, TALIPARAMBA TALUK, KANNUR DISTRICT, REPRESENTED BY ITS EXECUTIVE OFFICER. 3. MR.MULLAPPALLY CHACKO, CHAMATHACHAL POST, TALIPARAMBA TALUK, KANNUR DISTRICT. 4. MRS.LISSY CHACKO, W/O.MULLAPPALLY CHACKO, CHAMATHACHAL POST, TALIPARAMBA TALUK, KANNUR DISTRICT. 5. MRS.DIGI SUNNI, W/O.SUNNI, CHAMATHACHAL POST, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.J.S.AJITHKUMAR FOR R2 SRI.MILLU DANDAPANI GOVERNMENT PLEADER K.SANDHESH RAJA SUMATHI DANDAPANI(SR) FOR R3, R4 AND R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF ADANGAL EXTRACT COVERING R.S.NO.55 EXT.P2- TRUE COPY OF REPORT WITH SKETCH SUBMITTED BY SPECIAL TEAM BEFORE THE 1ST RESPONDENT EXT.P3- TRUE COPY OF ORDER IN C.R.P.NO.1561/90 DATED 10.12.96 EXT.P4- TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT IN W.P.(C) 8279/05 (TRUE COPY) P.A TO JUDGE K.S.RADHAKRISHNAN & ANTONY DOMINIC, JJ ------------------- W.P.(C). 12470/2007 -------------------- Dated this the 25th day of July, 2007 JUDGMENT Radhakrishnan, J. Writ petition is preferred praying for a writ of mandamus directing the first respondent, Commissioner, HR &CE Department, to intervene in the matter and do the needful for protecting, preserving and securing the interest of the Hindu Religious Institution viz., Payyavoor Siva Temple and immovable properties of the Temple. 2. On verification, it is seen that special team of protection of Temple properties submitted a detailed Ext.P2 report to the Commissioner, HR &CE, the first respondent. Contention of the petitioner is that the property which is being used for Temple ceremonies, belongs to Devaswam. Various contentions have been raised by counsel on either side. We are not expressing any opinion on the contentions raised by the parties. 3. Considering the facts and circumstances, we are inclined to dispose of this writ petition directing the Commissioner, HR & CE Department, to take appropriate W.P.(C).12470/2007 2 action in the matter on the basis of Ext.P2 in accordance with law. 4. Learned Government Pleader, on instructions, submitted that on the basis of Ext.P2 report, Commissioner, HR & CE Department, has already directed the Devaswam Authorities to take action. Commissioner would take further follow up action. K.S.RADHAKRISHNAN Judge ANTONY DOMINIC Judge mrcs