Sadasivan Pillai Vs. the Thiruvithamkoor Devaswom

Sadasivan Pillai vs The Thiruvithamkoor Devaswom

Type Court Judgment Court Kerala Decided Jul 04, 2014

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Citation: sooperkanoon.com/1154773
Court: Kerala High Court
Judge: Honourable Mr.Justice T.R.Ramachandran Nair
Decided On: Jul 04, 2014
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Sadasivan Pillai

Respondent

The Thiruvithamkoor Devaswom

Excerpt

.....p.s to judge t.r.ramachandran nair & p.v asha, jj.----------------------------------------------------- w.p(c) no.13180 of 2014-v ---------------------------------------------------- dated this the 4th day of july, 2014 judgmentramachandran nair, j.the petitioners claim ownership and possession in respect of 9.71 ares comprised in survey no.119/1m&h (re- sy. no.272/2) of chengannur village. it is stated that the property has been mutated in their favour and they have been paying tax also.2. the petitioners want to construct a new residential building and ext.p6 is the copy of the building permit. ext.p6 (a) is the copy of the site plan.3. aggrieved by the prohibitory order passed by the 2nd respondent against the petitioners alleging trespass into the property and pond belonging to the chengannur mahadeva temple, this writ petition has been filed. true copies of the notice and the prohibitory order are produced as exts.p7 and p8 and the petitioners have filed a detailed statement of objection before the special tahsildar as per ext.p9.4. it is pointed out that the delay in disposing of the matter is causing hardship to the petitioners.5. the learned standing counsel for the board on w.p(c) no.13180 of 2014-v :2. : getting instructions submitted that, a proper measurement of the temple property will be conducted on 17.07.2014 and the petitioners will also be given notice in the matter. we direct the petitioners also to be present at the time of measurement. it is also submitted that on 25.07.2014, ext.p9 will be heard by the 2nd respondent. accordingly, recording the same, we dispose of this writ petition. it is made clear that we have not expressed anything on the merits of the matter. sd/- t.r.ramachandran nair judge sd/- p.v.asha judge rtr/

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA FRIDAY, THE4H DAY OF JULY201413TH ASHADHA, 1936 WP(C).No. 13180 of 2014 (V) ---------------------------- PETITIONER(S): -------------- 1. SADASIVAN PILLAI S/O.SREEDHARAN PILLAI, AGED55 VALIYA KOTTARATHIL VEETTIL VADAKKEKARA VILLAGE, THITTAMEL MURI, CHENGANNUR, ALAPPUZHA DISTRICT.

2. VIJAYAKUMARI, AGED49YEARS W/O.SADASIVAN PILLAI, VALIYA KOTTARATHIL VEETTIL VADAKKEKKARA VILLAGE, THITTAMEL MURI CHENGANNUR,ALAPPUZHA DISTRICT. BY ADVS.DR.V.N.SANKARJEE SRI.S.SIDHARDHAN SRI.V.N.MADHUSUDANAN SRI.C.H.JAYAKRISHNAN RESPONDENT(S): -------------- 1. THE THIRUVITHAMKOOR DEVASWOM BOARD REPRESENTED BY THE SECRETARY, NANTHANCODE THIRUVANANTHAPURAM695003.

2. THE SPECIAL TAHSILDAR THIRUVITHAMKOOR DEVASWOM BOARD, NANTHANCODE THIRUVANANTHAPURAM695003.

3. THE ADDITIONAL TAHSILDAR TALUK OFFICE, CHENGANNUR - 689 121.

4. THE CHENGANNUR MUNICIPALITY REPRESENTED BY THE SECRETARY, CHENGANNUR -689 121. R1,2 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD(NO MEMO) R1,R2 BY ADV. SRI.P.GOPAL, SC FOR TDB R BY GOVERNMENT PLEADER SRI S.KRISHNA KUMAR R BY SRI.S.HARIKRISHNAN,SC,CHENGANNUR MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0407-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13180 of 2014 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXT.P-1: TRUE COPY OF THE SALE DEED DATED223.1984. EXT.P-2: TRUE COPY OF THE BASIC TAX RECEIPT DATED175.2014. EXT.P-3: TRUE COPY OF THE POSSESSION CERTIFICATE DATED2611.2013. EXT.P-4: TRUE COPY OF THE TAX RECEIPT DATED146.1994. EXT.P-4(A): TRUE COPY OF THE TAX RECEIPT DATED11.1998. EXT.P-4(B): TRUE COPY OF THE TAX RECIEPT DATED122.1998. EXT.P-4(C): TRUE COPY OF THE TAX RECEIPT DATED39.2005. EXT.P-4(D): TRUE COPY OF THE TAX RECEIPT DATED21.2010. EXT.P-4(E): TRUE COPY OF THE TAX RECEIPT DATED32.2010. EXT.P-4(F): TRUE COPY OF THE TAX RECEIPT DATED2712.2010. EXT.P-4(G): TRUE COPY OF THE TAX RECEIPT DATED1811.2011. EXT.P-5: TRUE COPY OF THE RATION CARD. EXT.P-6: TRUE COPY OF THE BUILDING PERMIT DATED1712.2013. EXT.P-6(a): TRUE COPY OF THE SITE PLAN. EXT.P-7: TRUE COPY OF THE NOTICE DATED2812.2013 ISSUED BY THE2D RESPONDENT. EXT.P-8: TRUE COPY OF THE PROHIBITION ORDER

DATED2812.2013 ISSUED BY THE2D RESPONDENT. EXT.P-9: TRUE COPY OF THE STATEMENT DATED52.2014 SUBMITTED BY THE PETITIONER TO THE2D RESPONDENT. EXT.P-10: TRUE COPY OF THE ESTIMATE FOR THE CONSTRUCTION OF BUILDING. RESPONDENT(S)' EXHIBITS ----------------------- NIL. /TRUE COPY/ P.S TO JUDGE T.R.RAMACHANDRAN NAIR & P.V ASHA, JJ.

----------------------------------------------------- W.P(c) No.13180 of 2014-V ---------------------------------------------------- Dated this the 4th day of July, 2014

JUDGMENT

Ramachandran Nair, J.

The petitioners claim ownership and possession in respect of 9.71 ares comprised in Survey No.119/1M&H (Re- Sy. No.272/2) of Chengannur Village. It is stated that the property has been mutated in their favour and they have been paying tax also.

2. The petitioners want to construct a new residential building and Ext.P6 is the copy of the building permit. Ext.P6 (a) is the copy of the site plan.

3. Aggrieved by the prohibitory order passed by the 2nd respondent against the petitioners alleging trespass into the property and pond belonging to the Chengannur Mahadeva Temple, this Writ Petition has been filed. True copies of the notice and the prohibitory order are produced as Exts.P7 and P8 and the petitioners have filed a detailed statement of objection before the Special Tahsildar as per Ext.P9.

4. It is pointed out that the delay in disposing of the matter is causing hardship to the petitioners.

5. The learned Standing Counsel for the Board on W.P(c) No.13180 of 2014-V :

2. : getting instructions submitted that, a proper measurement of the temple property will be conducted on 17.07.2014 and the petitioners will also be given notice in the matter. We direct the petitioners also to be present at the time of measurement. It is also submitted that on 25.07.2014, Ext.P9 will be heard by the 2nd respondent. Accordingly, recording the same, we dispose of this Writ Petition. It is made clear that we have not expressed anything on the merits of the matter. Sd/- T.R.RAMACHANDRAN NAIR Judge Sd/- P.V.ASHA Judge rtr/

Same Court & Year Kerala · 2014 Same Parties Sadasivan Pillai vs The Thiruvithamkoor Devaswom Same Subject Education Same Judge Honourable Mr.Justice T.R.Ramachandran Nair