Edakulangara Devaswom vs The State of Kerala, The Commissioner and The Director

Thomas P. Joseph, J.—Petitioner, Plaintiff in O.S. No. 207 of 2011 of the court of learned Munsiff, Karunagappally seeks a direction for early disposal of Ext.P2, I.A. No. 868 of 2011 for an order of temporary injunction and in the meantime to direct Respondents not to induct any person/organisation into the building in the suit property.

According to the Petitioner, the suit property belonged to the devaswom and the Government was permitted to construct a building in the said property to accommodate the NES block with specific understanding that in case that office does not function, property will revert to the Petitioner. Petitioner says that the Government has stopped functioning of the NES block in the building in the suit property and hence has sought a declaration of its right over the suit property. Along with the suit Petitioner filed I.A. No. 868 of 2011 for an order of temporary injunction restraining Respondents from making use of the said building for any other purpose. Grievance of Petitioner is that Ext.P2, application has not so far been disposed of though the matter is very urgent. Hence this Original Petition.

Learned Government Pleader after getting instruction has submitted that the property is in the possession of the Government since 1960 onwards. Government have constructed building thereon where the NES block OP(C) No. 2427/2011 2 was functioning. Now the office of NES block is shifted to some other area. It is contended by learned Government Pleader that there is No. lease agreement with the Petitioner. Other contentions raised by the Petitioner are also being disputed. However, learned Government Pleader has submitted that the building in the suit property is still in the possession and occupation of the Government.

Having regard to the circumstances stated it is necessary that the said condition is maintained by Respondents until learned Munsiff disposed of Ext.P2, application.

Resultantly this Original Petition is disposed of in the following lines:

i. Learned Munsiff, Karunagappally is directed to dispose of I.A. No. 868 of 2011 (in O.S. No. 207 of 2011) as expeditiously as possible untrammelled by any observation contained in this judgment.

ii. Respondents are directed to maintain their possession and occupation of the suit property and building thereon without handing over the same to any person/organisation until disposal of I.A. No. 868 of 2011.