IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 13756 of 2008(K) -------------------------- PETITIONER: ------------ KOYIKKAL SRI PALLIYARA BHAGAVATHI TEMPLE MANAGING COMMITTEE (KOTTAKUZHIYIL) VAVVAKKAVU P.O., PIN-690528, OACHIRA VILLAGE KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY -P.KARTIKEYAN, RESIDING AT KDAKKOTTU HOUSE, KADATHOOR P.O., THAZHAVA-690523 BY ADV. SRI.ABRAHAM VAKKANAL (SR.) SRI.PAUL ABRAHAM VAKKANAL SRI.ARUL KUMAR.P SRI.BIJIMON C.CHERIAN SRI.LOWEL CHERIAN RESPONDENTS: ------------------ 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE TAHASILDAR, KARUNAGAPPALLY TALUK KARUNAGAPPALLY P.O., KOLLAM DISTRICT 3. THE VILLAGE OFFICER, OACHIRA VILLAGE OACHIRA P.O., KARUNAGAPPALLY TALUK KOLLAM DISTRICT. 4. PRIYAMVADA LAKSHMANAN KOTTAKUZHIYIL HOUSE, CHANGANKULANGARA VAVVAKKAVU P.O., PIN-690528 BY ADV. SRI.NAVEEN.T FOR R.4 GOVERNMENT PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13756 of 2008 EXT.P1: COPY OF THE TALUK SURVEY MAP OF KARUNAGAPPALLY TALUK, KOLLAM DIST. EXT.P2: COPY OF MASS PETITION GIVEN BY THE TEMPLE COMMITTEE AND DEVOTEES TO R1. EXT.P3: COPY OF PETITION GIVEN BY THE TEMPLE COMMITTEE AND DEVOTEES TO R1. EXT.P4: COPY OF PETITION GIVEN BY THE TEMPLE COMMITTEE AND DEVOTEES TO R1. EXT.P5: COPY OF REMINDER PETITION GIVEN BY THE TEMPLE COMMITTEE AND DEVOTEES TO R1. EXT.P6: COPY OF NOTICE OF THE TEMPLE FESTIVAL CONDUCTED IN MAY 2007. EXT.P6(A): COPY OF THE NOTICE OF THE TEMPLE FESTIVAL CONDUCTED IN APRIL 2004. EXT.P7: COPY OF THE TAX RECEIPT PERTAINING TO THE PETITIONER TEMPLE (OLD SY.NO.6995/1/2) EXT.P7(A): COPY OF THE TAX RECEIPT PERTAINING TO THE PETITIONER TEMPLE (RE.SY.NO.261/12). EXT.P8: COPY OF THE PETITION GIVEN BY R4 TO R1. EXT.P8(A): COPY OF THE PETITION GIVEN BY R4 TO R2. RESPONDENTS EXHIBITS EXT.R4(A): COPY OF PETITION GIVEN BY R4 TO R1. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.13756 OF 2008 ---------------------------------------- Dated this the 28th day of May, 2008 JUDGMENT The petitioner is the managing committee of a temple who has applied for an assignment of land, in which the temple pond is situated, in favour of the temple. The 4 th respondent submits that he has also applied for assignment of a portion of the land in question. Now the parties agree that the writ petition may be disposed of directing the 2 nd respondent to consider the applications of the petitioner and the 4 th respondent for assignment in accordance with law. 2. The learned Government Pleader points out that the applications were submitted before the 1 st respondent-District Collector. After hearing both sides, I dispose of this writ petition with a direction to the 2 nd respondent to consider the applications for assignment submitted by the petitioner and the 4 th respondent in accordance with law, as expeditiously as possible. Since the 2 nd respondent – Tahsildar is the authority to consider the matter at W.P.(c)No.13756/08 2 the first instance, the 1 st respondent – District Collector shall forward the same to the 2 nd respondent. Till orders are passed, the land or any portion thereof shall not be assigned to anybodyelse. If anybodyelse also has claims in this regard, they shall also be heard in the matter. Final orders in this regard shall be passed within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.13756/08 3