The Kerala Kshethra Samrakshana Samithi, Swamy Ayyappadas, "Thathwamasi", T.N. Venugopal,"Sree Vinayakam" and V.K. Sajeev Kumar vs The Travancore Devaswom Board and Others

Thottathil B. Radhakrishnan, J.—The writ Petitioners claim to represent the interest of the devotees of Kottarakkara Mahaganapati Temple. The controversy raised is in relation to a parcel of land. Going by the counter affidavit, though a short one, filed by the TDB, the Government is in occupation of that parcel and the building therein for a long number of years. They had an Excise Department office in that plot. With the passage of time, the Government has sanctioned the construction of a new building on that parcel. It is at this point of time that this writ petition is filed on the premise that the land in question is essentially part of the Kottarakkara Mahaganapati Temple Complex, though the Government appears to have parted with rights in favour of some institutions, which, according to the Petitioner, are nothing but political outfits. Those plots are of very negligible extent of 3 cents or so.

Whatever that be, as of now, the Devaswom Board is unable to assert as to the title to the property in question though it states that in the settlement register, the land is shown as sangetham, karam ozhivu. We also record the submission of the TDB that the temple being a personal deposit temple, the Board will not be able to take a final view in the matter merely on the basis of the entries in the settlement register.

With the aforesaid, we do not deem it appropriate for us to take any view against the Government which stands to say that it needs to put up a building for its public purpose of having certain offices.

Having regard to the totality of the facts and circumstances and the disputed questions of facts that we see, we do not propose to answer either way on the rival claims but would leave the parties with liberty to seek remedies, if any, from the appropriate courts.

Hence, this writ petition is closed with liberty to the Board to assert its title against the Government, if it needs to do so, through the competent courts. It is clarified that if the writ Petitioner or any among the devotees, individually or in the collective interest, wishes to sustain litigation, closure of this writ petition will not stand in the way of their seeking relief even on behalf of the deity, in accordance with law. We hasten to add that we have not expressed anything on the merits of the rival claims.

All interim orders granted in this case will stand vacated hereby.