TEMPLE ADVISORY COMMITTEE OF THEVALAKKARA DEVASWOM THEVALAKKARA SUB GROUP Vs. TRAVANCORE DEVASWOM BOARD OFFICE OF THE TRAVANCORE DEVASWOM BOARD

JUDGEMENT

(1.) The Temple Advisory Committee of Thevalakkara Devaswom coming under the first respondent Devaswom Board is before us seeking police protection for the smooth conduct of the annual temple festival of Thevalakkara Devi Temple and Angadi Ganapathy Temple scheduled to be held from 21st to 30th March, 2018. The petitioner claims right to administer the temple by virtue of Exhibit P1 approval issued by the first respondent Board. It is claimed that the road in front of the Temple belongs to the Devaswom and is in its exclusive possession. On 11.10.2017, the first respondent granted permission as per Exhibit P2 to construct panthal (canopy) outside the Gopuram of Angadi Ganapathy Temple in connection with the temple festival. Party respondents 6 to 8 are residing near the Angadi Ganapathy Temple. They had attempted to encroach into the property belonging to the Devaswom. Exhibits P3 to P5 complaints were filed against them. In retaliation, they filed a suit as O.S. 201 of 2017 before the Munsiff's court, Karunagappally against the members of the Temple Advisory Committee contending that the road in front of the Angadi Ganapathy Temple is a puramboke land and that the Committee has encroached upon that land for construction. The petitioner is contesting that suit. It is stated that the petitioner is not causing any obstruction to the road access of respondents 6 to 8. On the basis of Exhibit P6 report filed by the Tahsildar, Exhibit P7 FIR has been registered against the President and the Secretary of the Committee. The persons named in the FIR obtained bail from this Court as per Exhibit P8 order. The petitioner apprehends mischief on the part of respondents 6 to 8 during the conduct of the festival. Hence, they filed complaint before the Police authorities, as is evidenced by Exhibits P9 and P10. No action has been taken by them. Hence, the petitioner has approached this Court seeking police protection for the smooth conduct of the festival without any let or hindrance from respondents 6 to 8.

(2.) Respondents 6 to 8 appear and a counter affidavit has been filed on behalf of them by the sixth respondent. It is contended that the petitioner is guilty of suppression of facts as nothing is mentioned in the Writ Petition about the temporary injunction obtained by the party respondents in the civil suit they had filed before the Munsiff's Court, Karunagappally as per Exhibit R6-A. It is also stated that the term of the Temple Advisory Committee has expired on 11th January, 2018. It is also contended that the road in front of the Temple does not belong to Devaswom. It is a Panchayat puramboke and the petitioner Committee is not entitled to construct any structure on that road. It is also stated that, as early as, in 2002, Sub Court, Kollam in OS No.740 of 1993 vide Exhibit R6-F judgment had held that the disputed road is maintained by the Panchayat and is being used by the general public, and the claim of the Devaswom that the road belongs exclusively to them has been rejected.

(3.) A reply affidavit has been filed by the petitioner stating that the injunction order obtained by respondents 6 to 7 has no direct bearing on the issue involved in this Writ Petition and hence the petitioner did not mention about such an order in the Writ Petition. It is also stated that the petitioner is not a party to OS 740 of 1993 before Sub Court, Kollam and hence they are not aware of the judgment produced as Exhibit R6-F.