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 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 16466 of 2006(I) -------------------------- PETITIONER: ------------------- PAYYAVUR SIVA TEMPLE, REP.BY ITS CHAIRMAN, TRUSTEE BOARD, T.P. RAJEEVAN, PAYYAVUR P.O., KANNUR. BY ADV. SMT.G.SUMA RESPONDENTS: --------------------- 1. COMMISSIONER, HR & CE (ADMN.) DEPARTMENT, KOZHIKODE. 2. SUPERINTENDENT OF POLICE, KANNUR. 3. KALAPPURAKKAL JOSE, S/O. JOHN, PAYYAVUR P.O., KANNUR. R1 & R2 BY SR.GOVT.PLEADER SRI LEKSHMINARAYANAN BY ADV. SRI.T.A.RAMADASAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.16466/2006 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ADANGAL EXTRACT CERTIFIED BY THE VILLAGE OFFICER AND TAHSILDAR. EXT.P2 TRUE COPY OF THE INJUNCTION ORDER IN W.P.(C).NO.8279/05 DTD. 16/5/2005. EXT.P3 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 17/5/2005 FILED BY THE COMMISSIONER. EXT.P4 TRUE COPY OF THE NOTICE REGARDING THE OOTTUMAHOTSAVAM. EXT.P5 TRUE COPY OF THE COMPLAINT DTD. 10/6/2006 FILED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, PAYYAVUR. EXT.P6 TRUE COPY OF THE REPRESENTATION ;DTD. 18/6/2006 FILED BY THE11 PETITIONER BEFORE THE IST RESPONDENT. RESPONDENTS' EXTS: EXT.R3A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 17/7/06. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.16444 OF 2006 -------------------------------- Dated this the 10th day of July, 2008 JUDGMENT Raman,J. This writ petition is filed by the Chairman of the Trustee Board of the Payyavur Siva Temple. The prayer made in this writ petition is for a direction to the 1st respondent to preserve and protect the devaswom property belonging to the petitioner-devaswom including taking action against the encroachers such as the 3rd respondent and for other consequential reliefs. 2. The 3rd respondent entered appearance and filed a counter affidavit denying the allegations contained in the writ petition. According to him, he has obtained a purchase certificate and therefore he is the true owner of the property and not an encroacher. The lst respondent has also filed a counter affidavit, which supports the the case of the petitioner. Prima facie, the enquiry reveals that this is devaswom property and steps to protect the devaswom property is -2- WP(C).No.16466/2006 being taken in the legal manner. Survey is already progressing. 3. In the circumstances, we do not think that any further direction is to be issued to the lst respondent. The lst respondent shall proceed to take appropriate legal proceedings against the encroachers. If the 3rd respondent has got a contention that he is not an encroacher of the property and he has valid title to the property, it is open to him to raise such contention before the concerned authority. We direct the lst respondent before actual removal of the 3rd respondent, to give notice to him. It is also open to the lst respondent-Commissioner to pass appropriate interim direction to preserve the property including prohibition of any construction, if any, made in the property alleged to have been encroached upon, until a final decision is taken. Writ Petition is disposed of as above. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.