AMMANAM THRIKKOVIL Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is perhaps one of the longest pending writ petitions of this Court and has a certain amount of litigative history behind it. For this reason and in particular taking into account the age of the litigation and the fact that this matter has been directed, by the Hon'ble Supreme Court, to be reconsidered by this Court, we had listed this case on several days in the last couple of weeks for hearing.

(2.) However, whenever this matter was taken up, particularly in the last three days consecutively, there was no representation for the petitioner and in normal circumstances, we would have been persuaded to dismiss it simplicitor for default, taking note of the fact that the petitioner has chosen it not necessary to appear before this Court, either in person or through counsel. Nevertheless, taking note of the peculiar circumstances that we have afore noticed, we deem it appropriate to record our primary opinion before disposing of the matter for non-prosecution.

(3.) This writ petition has been filed by two individuals claiming to be members of an association that they call 'Siva Kshetra Punarudharana Samithi' at Vadakkekara, Pattanam, North Paravoor. Their allegation in this writ petition is that additional respondents 7 and 10, who are a church by name "St.Thomas Forane Church" and a lady by name Smt.Lillykutty respectively, have encroached into the property belonging to a temple called "Ammanarkovil Siva Kshetram", which, according to them, is an ancient temple. On the allegation that respondents 7 and 8 are trespassing into the property, the petitioners and various others appear to have made Exhibits P2 and P3 complaints, described as a 'mass complaint', against respondents 7 and 10, accusing them of having demolished the temple structure and to have encroached into the property belonging to it.