Kerala HC Order - Devaswom Board Related Petition

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IN THE HIGH COURT OF KERALA AT ERNAKUL.

AM
Present:
THE HONOURABLE MR.JUSTICE THOTTATHIL

B.RADHAKRISHNAN

&

THE HONOURABLE MRS . JUSTICE ANU SIVARAMAN


Tuesday, the 13th day of October 2015 / 2lst Aswina, 1937
WP(C) .No.27910 / 2015(K)
PETITIONERS
1.

RAJENDRAN K

THRIDANDY SWAMY SRI CHAITHANYA DAS BHARATHI

MAHARAJ, S/O.C.K.VELUKUTTY, AGED 62 YEARS,

SRI. BHUWANESWERI TEMPLE, KARUVANKALLU , KARIPPUR P. 0. ,


MALAPPURAM DISTRICT-673638.
2.
SURESH KUMAR, S / O.BALAN NAIR, AGED 45 YEARS,l07,
PLAKKUNCHALIL I NEELAESHWARJ>.M POST I OMASSERY VAZHI I
KOZHIKODE-673582.
3.
BAIJU C . T . , S/O.SHANKARAN , AGED 40 YEARS, P~,
NEELESHWARAM POST , OMASSERY VAZHI, KOZHIKODE-67 3582.
4.
RAMANADHAN, S/0 . AYYAPPAN, AGED 4 6 YEARS,
VALAKKODAN HOUSE, CHATHALLUR, EDAVANA, MALAPURAM-676 541.
RESPONDENTS
1.

2.
3.

4.

5.

6.
7.

STATE OF KERALA REPRESENTED BY SECRETARY PARLIAMENTARY


AFFAIRS AND REVENUE (DEVASWOM DEPARTMENT),
GENERAL ADMINISTRATION SECRETARIAT, THIRUVANANTHAPURAM.
PRINCIP~SECRETARY TO GOVERNMENT ,
REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
MALABAR DEVASWOM BOARD ,
REPRESENTED BY DEVASWOM COMHISSIONER OFFICE OF MALABAR
DEVASWOM BOARD, KOZHIKODE.
DISTRICT COLLECTOR,
KOZHIKODE C . R . BUILDING , MANANCHIRA ROAD, MANANCHIRA,
KOZHIKODE-673 001.
DISTRICT COLLECTOR, MALAPPURAM CIVIL STATION, COLLECTORATE,
MALAPPURAM-676 505 .
DISTRICT COLLECTOR, KANNUR , TALAP, KANNUR, KERALA-670 002.
DISTRICT COLLECTOR, KASARAGCD, COLLECTORATE, KASARAGOD
KERALA-671 121.

Writ

Petition

(civil)

praying

inter

alia

that

in

the

circumstances stated in the affidavit filed along with the WP(C)

the

High Court be pleased to stay all further assignments or alienation


of

temple

properties/

various temples under

religious
4 :.h

endowments /

other

endowments

of

respondent without the permission of this

Hon'ble court till the disposal of this writ petition.


This

petition

coming

on

for

admission

upon

perusing

the

petition and the affidavit filed in support of WP(C) and upon hearing
the arguments of SRI.
SRI.

P.SATHISAN,

Advocate for the petitioner,

K. R.SUNIL , Standing Counsel for respondent 3,

and

the court passed

the following:
Smj

PTO

THOTTATHIL B.RADHAKRISHNA.'"C &


ANU SIVARt\MA_"\J,

\Y.P.C.~o.27910

JJ.

of 2015

Dated this the 13:1' day of October, 2 01 S


ORDER
Thottathil B.Radhakrishnan, J.

It is herebv ordered that nc; land belonging to


De\-as~.,-on1

~-1alabar

Board or listed ten1ples shall be alienated or

encumbered and no such transfer \\-ill be registered by the


statutorY authorities unless othen\-ise ordered by this Court.
It is further directed that the ::Vlalabar De,_;as,.\-om Board .vill
place its vie\\'S as to matters relating to properties of temples
\\-hich are under its supervision though not an1o ng the listed
temples.

The :V'lalabar Devaswon1 Board \vill file a counter affidavit


disclosing the action taken by it under Section 94(A) of the

:\ladras Hindu Religious and Charitable En do \nnents _-\ct, 1951


and the follow up or de lay in further a ction through statutory
authorities under the Kerala Land Conser\ancy Act, 19S 7 .

Post on 4 .1 1. 20 13.

H and

o \e y-

to all sid es .

~J~-

1loHJk I -].

{..' t_.c\.\'\
\~

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