K.P.SELVARAJ Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) In Muhamma Panchayat of Alappuzha District, there is an ancient Namboodiri Illom called Madasseri Illom. Once upon a time, they owned extensive land. The property of the Illom was partitioned in the year 1961. There is a temple called ' Charamangalam Sree Kailasa Temple' in one of the items of the properties, which was in the possession of the Illom. There is a serpent grove near Kailasa Temple. That serpent grove is situated in an extent of 1.01.20 hectares of land in Survey Nos.511/3, 512/2 and 512/5 in Block No.33 in Kanjikuzhy Village. The serpent grove is full of trees. It is stated that poojas are offered to the serpents once in a year.

(2.) In the Kailasa Temple, daily poojas are conducted by the members of the Madasseri Illom. While so, certain disputes arose between the members of the Illom and the local people with respect to the activities in the temple and the management of the temple. O.S.No.603 of 2009 on the file of the Munsiff's Court, Alappuzha was filed by Neelakandan Namboothiri of Madasseri Illom against 11 defendants. Some of the defendants are members of the Madasseri Illom. That suit was for a perpetual injunction restraining the defendants from interfering in any way with the peaceful administration and performance of poojas by the plaintiff therein in the temple situated in the plaint schedule property and also for restraining the defendants therein from conducting any programme in the temple. O.S.No.603 of 2009 was settled between the parties and a compromise petition was filed before the court. As per the terms of the compromise, the festivals in the temple shall be conducted by a committee in which defendants 1 to 3 (K.C.Dileep, K.P.Ashokan and K.P.Ramachandran) were members. In the committee, the male members of the Illom shall be members as mentioned in the compromise. The committee has to accept the opinion of the members of the Illom in the matter of administration and in the matter of thanthrik rituals. As per the compromise, the festivals are to be conducted under the supervision of the committee and with the co -operation of the plaintiff Neelakandan Namboothiri. Certain other stipulations were also made with respect to the administration of the affairs of the Temple, the conduct of festivals, daily poojas, etc. O.S.No.603 of 2009 was disposed of in terms of the compromise.

(3.) There was an attempt to assign on registry an extent of 5 and odd hectares of land including the land covered by the serpent grove to landless tribals. The people of the locality as well as the members of the Illom were against the assignment on registry of the land in which the serpent grove is situated. Protest was made by them. This led to the filing of O.P.No.20315 of 2002 by P.P.Swathanthrayam Smaraka Vayanasala and Kailasam Arts and Sports Club, Charamangalam against the State of Kerala, the Secretary to the Government, Department of Forests, the Conservator of Forests, District Collector, Alappuzha and Kanjikuzhy Grama Panchayat. The prayer in O.P.No.20315 of 2002 was to issue a writ of mandamus, in public interest, directing respondents 1 to 4 in that writ petition not to assign the sacred grove in Survey Nos.511/3, 512/2 and 512/5 of Kanjikuzhy Village. The District Collector (4th respondent therein) filed a counter affidavit stating that no steps were taken to assign the land to anyone and that the proposal was to maintain the sacred grove as such. Recording the undertaking in the counter affidavit, O.P.No.20315 of 2002 was disposed of.