GOPALAKRISHNAN B. @ GOPALAKRISHNA ACHARYA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are challenging Ext.P8 order dated 22.04.2008 passed by the first respondent in compliance of the direction given by this Court vide Ext.P4 judgment dated 30.11.2004 in O.P.No.34353 of 2000 filed by the erstwhile allottee of the property concerned.

(2.) THE sequence of events is as follows. The property having an extent of nearly 2 acres and 25 cents in Sy.No.385/1 (Survey No.13/5 in Block No.50) of Erumely North Village was allotted to one Swamy Peethambaracharyar, who was a Hindu monk and master craftsman (as contended by the petitioners) as borne by Ext.P1 'patta', which contained certain specific conditions that it was allotted to the party concerned for starting an industrial unit. The industrial unit did never come into existence, despite the lapse of several years. There were some hue and cry against the construction, from the part of the locals also. In the said circumstance, the allottee approached this Court by filing O.P.No.2927/1993 seeking for Police protection in respect of life and property covered by Ext.P1 'patta' and this led to Ext.P3 judgment dated 10.08.1995. As per the said verdict, the Police authorities were directed to extend sufficient protection to the petitioners life and property covered by the said 'patta' and to take remedial measures; if at all any threat was there to the law and order situation and to provide an atmosphere congenial to the peaceful running of the institution.

(3.) THE learned counsel for the petitioner submits that, the allottee in favour of whom Ext.P1 'patta' was issued, took his last breath on 03.05.2012 and that the present petitioner is at the helm of the affairs as on date. It is accordingly that, the petitioner preferred a representation as borne by Ext.P9 before the District Collector to permit the petitioner to continue to occupy the premises and to conduct necessary 'poojas', treating the same as an Ashramam.