JNANEDAYA YOGAM Vs. K K PANKAJAKSHY

JUDGEMENT

(1.) Leave granted.

(2.) By consent of learned counsel for the parties, we have heard these appeals finally and the same are being disposed of by this common judgment.

(3.) A writ petition was filed in the Kerala High Court by common respondent No. 1 herein. She challenged the notification issued by the State of Kerala under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act'). The said notification dated 22nd March, 1988 issued under Section 4 of the Act provided that land admeasuring 0.028 cents situated in Kodiyeri village in Tellicherry Taluk of Cannanore district was needed or likely to be needed for a public purpose for providing passage to Pallivetta procession of Sree Jagannath Temple, Tellicherry. The said notification was issued under sub-section (1) of Section 4 read with Section 17(4) of the Act. It is this notification which was successfully challenged by respondent No. 1 before the High Court in her writ petition wherein the present appellants were joined as respondents Nos. 4 and 5 while the State Authorities were joined as respondents Nos. 1, 2, 3 and 6. The case of respondent No. 1 before the High Court in the writ petition was to the effect that she is the owner and is in possession of the land in dispute being R. S. No. 38/1. That she had purchased the property by a registered assignment deed No. 1899 of 1978. At a distance of about 1 km. from respondent No. 1's property is situated Sree Jagannath Temple, which was established by Shri Narayana Guru in 1906. The said temple was managed by the present appellant No. 1-Original respondent No. 4, while present common appellant No. 2-Original respondent No. 5 is the President of the said Sree Jnanedaya Yogam. As part of the festival in the Jagannath Temple, a Pallivetta (Royal Hunt) is performed on the penultimate day of the festival every year. The said festival is being held in the month of March every year. It is performed at a place situated to the south of first respondent-writ petitioner's property. On that occasion, the deity is taken out on an elephant in procession to the place where the Pallivetta is performed. This religious function lasts for an hour. In the said function, the deity is taken down from the back of the elephant and placed at the appointed site and the devotees and the priests perform religious ceremony for propitiating the deity and a pumpkin is being cut at the said place to ward off evil spirits and for earning religious merit. According to respondent No. 1- writ petitioner, there is no fixed route through which the elephant carrying the idol and the procession of devotees, passes every year on the aforesaid occasion. At the instance of the present appellants, a part of respondent No. 1's land, wherein stands a pucca built shop, was sought to be acquired under the aforesaid impugned notification for having a passage for the elephant carrying the idol on the occasion of the aforesaid religious function and the said requirement for the passage of the elephant was for one hour every year in the month of March.