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 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 28272 of 2008(N) -------------------------- PETITIONER(S): --------------- K.T.MADHAVAN NAMBIAR, AGED 70 YEARS, S/O.SANKARAN NAMBOODIRI, PERALAM, P.O.KOZHUMMAL, VIA.KARIVELLUR, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVT. REVENUE, THIRUVANANTHAPURAM. 2. COMMISSIONER, H.R. & C.E.(ADMINISTRATION DEPARTMENT, KOZHIKODE. 3. DISTRICT COLLECTOR, KANNUR. 4. TAHSILDAR, TALIPARAMBA TALUK. 5. VILLAGE OFFICER, PERALAM VILLAGE OFFICE, P.O.KOZHUMMAL. 6. DISTRICT SURVEY SUPERINTENDENT SURVEY AND LAND RECORDS, KANNUR. BY G.P. SHRI R. LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C).No.28272 of 2008-N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 25th day of September, 2008 J U D G M E N T J U D G M E N T RAMAN, J. The limited prayer in this writ petition is for a writ of mandamus directing the respondents to consider Ext.P2 petition filed by the petitioner before proceeding to take further steps pursuant to Ext.P1. Ext.P1 is a notice issued calling for objections in taking over the alleged excess land of One acre 10 cents by the Government. It is the case of the petitioner that this is not an excess land and this is part and parcel of the temple property and this land continues to be in possession of the Devaswom and necessary for the use of the temple. Raising such contentions and on other grounds, the petitioner has approached the authority concerned by filing Ext.P2. In this situation, there will be a direction to consider Ext.P2 and pass appropriate orders and communicate the orders to the petitioner before proceeding to actually take over the land. W.P.(C) is allowed. P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms