IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 36880 of 2008(M) -------------------------- PETITIONER: --------------- PAYYAVOOR DEVASWOM, REPRESENTED BY ITS CHAIRMAN, TRUSTEE BOARD, PAYYAVOOR, KANNUR DIST. BY ADV. SRI.MOHAN C.MENON RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE MALABAR DEVASWOM BOARD,REPRESENTED BY ITS SECRETARY, KOZHIKODE. 3. GANGADHARAN, S/O.JANARDANAN,PARAMBALLI, PAYYAVOOR.P.O,KANNUR DISTRICT. 4. ABRAHAM PULINTHARA, S/O.CHACKO, PULINTHARA, MUTHARIKULAM, PAYYAVOOR.P.O, KANNUR DISTRICT. R1 BY SR. GOVERNMENT PLEADER ADV. R. LAKSHMI NARAYAN. R2 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM R3 AND R4 BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE R3 AND R4 BYADV. SRI.SUNIL NAIR PALAKKAT BY ADV. SRI.K.N.ABHILASH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF RESETTLEMENT ADANGAL EXTRACT OF THE ABOVE PROPERTY. EXT.P2 : TRUE COPY OF NOTICE OF NAGA POOJA CONDUCTED LAST YEAR. EXT.P3 : TRUE COPY OF PUBLIC NOTICE SHOWING NAGA POOJA IS SCHEDULED TO BE CELEBRATED ON 16.12.2008. EXT.P4 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY PEPTITIONER DEVASWOM TO THE 1ST RESPONDENT DISTRICT COLLECTOR. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ................................................................................ W.P.(C) No.36880 OF 2008 ......................................................................... Dated this the 5th November , 2009 J U D G M E N T P.R. Raman, J: Ext.P4 is the representation filed by the Petitioner- Devaswom before the District Collector/1st respondent, alleging that the party respondents have encroached upon the Devaswom property. When the Writ Petition was pending consideration, taking note of the fact that some 'Ulsavam' is being conducted, we had directed the District Collector to see that there is no breach of peace . The 'Ulsavam' is over. 2. The question, whether proceedings under Section 94A of the HR & CE Act could be initiated, will depend upon the finding as to whether the property belongs to Devaswom or not. Therefore, when a petition is filed before the authority alleging that this is a property belonging to Devaswom, necessarily, the W.P.(C) No.36880 OF 2008 2 affected parties will be given notice and both the sides will be entitled to submit their pleadings and produce evidence to support their case and on consideration of which, the District Collector will decide whether the land belongs to Devaswom or not. In case if it is found that it is coming under HR & CE Act, the decision will be communicated to the parties as expeditiously as possible. 3. In the above circumstances, we only direct the District Collector to take a decision , after hearing the affected parties, as aforesaid. In the view we are taking, we need not go into the merits of the contentions. The Writ Petition is disposed of as above. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk