MAJOR PATHIYOOR SREE DURGA DEVI TEMPLE ADVISORY COMMITTEE, ADVISORY COMMITTEE REP BY ITS PRESIDENT SASIDHARAN PILLAI Vs. DISTRICT COLLECTOR, ALAPPUZHA COLLECTORATE AND OTHERS

JUDGEMENT

(1.) We are considering these two writ petitions jointly since both relate to the issue regarding alleged encroachment into certain properties, which, on one hand, are claimed by the party respondents to be a public property, wherein the petitioners, on the other, claim it to be that belonging to Major Pathiyoor Sree Durga Devi Temple, under the control of the Travancore Devaswom Board.

(2.) For the sake of convenience, we treat W.P.(C)No. 1425/2017 as the lead case and the parties and documents are referred to as they are in the said writ petition.

(3.) The petitioners claim that certain extents of land lying contiguous to the Temple belong to the Devaswom Board and that they have been encroached into and trespassed upon by the party respondents. The party respondents, on the other hand, say that the property in question has been classified as a WPC 36955/16 and 1425/172 puramboke and in fact, shown as a public road in the litho map, as early as in the year 1973 and they assert that they have no other right of way to their respective residences, which are situated on the northern side of the Temple pond. In effect, the claim of the party respondents is that the only right of way to their properties is through this land, which is in disputation.