LAWS(KER)-2018-5-147

CHENGALEDAM NARAYANAN UNNI AND OTHERS Vs. THE TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM AND OTHERS

Decided On May 21, 2018
Chengaledam Narayanan Unni And Others Appellant
V/S
The Travancore Devaswom Board, Thiruvananthapuram And Others Respondents

JUDGEMENT

(1.) The issue involved in this DBP relates to the Thirumanamkunnu Devaswom situated in the Piravom village.

(2.) Shorn of unnecessary details, the controversy projected herein by the complainants relate to the construction of a temple, and in particular as to the location, wherein such temple is to be constructed or situated.

(3.) It is the specific case of the first petitioner that presently the temple consists of only a "Balalaya Prathishta", which according to him is a temporary "prathishta" situated in 4 1/2 cents of land comprised of in survey No. 825/5B of the Piravom village and he asserts that a decision had already been taken by the Board earlier to construct a temple in 15 cents of land, which remains more or less adjoining to this 4 1/2 cents of land, which is comprised in Survey No. 825/5A of the same village. His grievance appears to be that even though the Board had taken a decision earlier to make a construction of the temple in the above mentioned 15 cents of land, they are now refusing to do so. He makes a corollary assertion that the land in which the "balalaya prathishta" now situates, in fact, belongs to his family and that when the construction of the new temple is made in the 15 cents aforementioned, this "prathishta" also be relocated to the said land. From the pleadings on record, we gather the impression that the first petitioner's attempt appears to be to free the 4 1/2 cents of land and claim it as being his family property by asserting that the construction of the temple should be made only in the 15 cents of land to house even the "balalaya prathishata".