LAWS(KER)-2025-4-261

KARTHIKAPPALLY BRAHMANA SAMOOHAM Vs. JOYTHISH S.

Decided On April 11, 2025
Karthikappally Brahmana Samooham Appellant
V/S
Joythish S. Respondents

JUDGEMENT

(1.) The 7th respondent in W.P.(C)No.6502 of 2025 has filed this review petition invoking the provisions under Order XLVII rule 1 of the Code of Civil Procedure, 1908, seeking review of the judgment of this Court dtd. 1/4/2025 in that writ petition, which was one filed by the 1st respondent herein, who is a devotee of Valiyakulangara Temple, Karthikappally Taluk, Alappuzha district, which is a temple under the management of the 3rd respondent Travancore Devaswom Board, seeking a writ of mandamus commanding the 5th respondent Special Tahsildar (Land Conservancy), Travancore Devaswom Board, to initiate proceedings to collect records from the review petitioner and the 7th respondent herein for ascertaining the title and ownership of the disputed properties in Survey Nos.3750, 3752, 3755 A, B, C, 3756 A, B, 3757, 3758, 3760, 3761 A, B, 3762 of Karthikapally Village, before finalising the survey as per Ext.P1 relevant extract of the settlement register. The petitioner has also sought for a writ of mandamus commanding the 5th respondent Special Tahsildar (Land Conservancy) to initiate proceedings for the measurement of the disputed properties of the deity of the Valiyakulangara Temple in Survey Nos.3750, 3752, 3755 A, B, C, 3756 A, B, 3757, 3758, 3760, 3761 A, B, 3762 as per Ext.P1 settlement register, with the aid of Litho Map or conduct joint field inspection and survey of the above disputed properties, within a time frame to be fixed by this Court; and a declaration that the 5th respondent Special Tahsildar (Land Conservancy) has no authority to decide and declare the right and title of the review petitioner or in respect of the disputed properties in Survey Nos.3750, 3752, 3755 A, B, C, 3756 A, B, 3757, 3758, 3760, 3761 A, B, 3762 of Karthikappally Village.

(2.) On 10/3/2025, when that writ petition came up for consideration, this Court passed an interim order staying the survey proposed to be conducted by the 5th respondent Special Tahsildar (Land Conservancy), for a period of two weeks.

(3.) By the judgment dtd. 1/4/2025 W.P.(C)No.6502 of 2025 was disposed of. Paragraphs 5 and also the last paragraph of that judgment read thus;