LAWS(KER)-2018-9-287

COCHIN DEVASWOM BOARD Vs. THE DISTRICT COLLECTOR, THRISSUR

Decided On September 26, 2018
COCHIN DEVASWOM BOARD Appellant
V/S
The District Collector, Thrissur Respondents

JUDGEMENT

(1.) We are disposing of these three writ petitions together, since the facts and circumstances involved in these three cases are analogous to each other and the reliefs to be granted in one would certainly affect and modulate the reliefs to be granted in the rest.

(2.) All these cases concern a property, which is called the "Alumparambu", stated to be belonging to the Moorkanad Temple at Thrissur, comprised of in Sy.No.473-2 of Porathissery Village having an extent of 2.27 acres. While the petitioner in W.P.(C) No.17149 of 2014, which is the Cochin Devaswom Board, claims that the entire property belongs to them, the petitioners in W.P.(C) Nos. 38384 of 2003 and 39417 of 2003 claim that there is a public road running through this property, which is a PWD road, called the "Moorkanad Church Road" and that they have right of access through it to their properties.

(3.) The petitioners in W.P.(C) Nos.38384 of 2003 and 39417 of 2003 are father and daughter respectively and they claim that they have certain residential property next to this road, where they are now residing and claim that they have been using this road for the last several decades. They have approached this before this Court by filing these writ petitions being under an apprehension that the Devaswom Board will construct a compound wall all around the "Alumparambu", thus, effectively obstructing their access to their residential property through the road in question.