K. P. Selvaraj v. District Collector, Alappuzha & Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938 WP(C).No. 7972 of 2016 (V) --------------------------- PETITIONER: ------------- K.P.SELVARAJ S/O. PURUSHOTHAMAN, AGED 47 YEARS, “KUZHUPPOTTUVELI HOUSE”, MUHAMMA P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS.SMT.DAISY A.PHILIPOSE SRI.JAI GEORGE RESPONDENTS: - -------------- 1. THE DISTRICT COLLECTOR, ALAPPUZHA-688001. 2. THE ADDL. TAHSILDAR, CHERTHALA-688524. 3. THE VILLAGE OFFICER, KANJIKUZHI VILLAGE, ALAPPUZHA DISTRICT-688001. 4. THE SECRETARY, MADASSERRY SREE KAILASA KSHETHRA KUDUMBAM TRUST, MAYITHARA P.O., PIN - 688 539. R4 BY ADV. SRI.R.RAJASEKHARAN PILLAI R4 BY ADV. SMT.SABINA JAYAN R4 BY ADV. SRI.P.V.JAYACHANDRAN R1 TO R3 BY GOVERNMENT PLEADER SRI.V.S.SREEJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2016 ALONG WITH WP(C) NOS.8227/2016 AND 11376/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## WP(C).No. 7972 of 2016 (V) --------------------------- ## APPENDIX ## PETITIONER(S)' EXHIBITS ----------------------- EXT. P1- A TRUE COPY OF THE LAWYER NOTICE DT. 14.01.2016, ISSUED AS PER THE DIRECTIOS OF THE 4TH RESPONDENT TO THE PETITIONER. EXT. P2 - A TRUE COPY OF THE LETTER DT. 20.6.2002, ISSUED BY THE CONSERVATOR OF FORESTS, HIGH RANGE CIRCLE, TO THE 1ST RESPONDENT. EXT. P3 - A TRUE COPY OF THE RELEVANT EXTRACT OF THE DECISION NO. 111 (5) DT. 28.6.2002, OF KANJIKUZHY GRAMA PANCHAYATH. EXT. P4 - A TRUE COPY OF THE INTERIM ORDER IN OP NO. 20315/2002 DT. 24.7.2002. EXT. P5 - A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE DISTRICT COLLECTOR IN OP NO. 20315/2002 DT. 10.7.2003. EXT. P6 - A TRUE COPY OF THE JUDGMENT IN OP NO. 20315/2002 DT. 1.8.2005. EXT. P7 - A TRUE COPY OF THE CERTIFICATE DT. 14.10.2009 ISSUED BY 3RD RESPONDENT. EXT. P8 - A TRUE COPY OF THE REPRESENTATION DT. 18.1.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS NIL ----------------------- //TRUE COPY// ## **K.T.SANKARAN & A.HARIPRASAD, JJ.** **-------------------------------------W.P.(C) Nos.7972 of 2016, 8227 of 2016 & 11376 of 2016** **-------------------------------------Dated this the 26[th] day of May, 2016** ## **JUDGMENT** ## K.T.Sankaran, J. In Muhamma Panchayat of Alappuzha District, there is an ancient Namboodiri Illom called Madasseri Illom. Once upon a time, they owned extensive land. The property of the Illom was partitioned in the year 1961. There is a temple called ' Charamangalam Sree Kailasa Temple' in one of the items of the properties, which was in the possession of the Illom. There is a serpent grove near Kailasa Temple. That serpent grove is situated in an extent of 1.01.20 hectares of land in Survey Nos.511/3, 512/2 and 512/5 in Block No.33 in Kanjikuzhy Village. The serpent grove is full of trees. It is stated that poojas are offered to the serpents once in a year. 2. In the Kailasa Temple, daily poojas are conducted by the members of the Madasseri Illom. While so, certain disputes arose between the members of the Illom and the local people with respect to the activities in the temple and the management of the temple. O.S.No.603 of 2009 on WP(C) Nos.7972, 8227 & 11376/2016 2 the file of the Munsiff's Court, Alappuzha was filed by Neelakandan Namboothiri of Madasseri Illom against 11 defendants. Some of the defendants are members of the Madasseri Illom. That suit was for a perpetual injunction restraining the defendants from interfering in any way with the peaceful administration and performance of poojas by the plaintiff therein in the temple situated in the plaint schedule property and also for restraining the defendants therein from conducting any programme in the temple. O.S.No.603 of 2009 was settled between the parties and a compromise petition was filed before the court. As per the terms of the compromise, the festivals in the temple shall be conducted by a committee in which defendants 1 to 3 (K.C.Dileep, K.P.Ashokan and K.P.Ramachandran) were members. In the committee, the male members of the Illom shall be members as mentioned in the compromise. The committee has to accept the opinion of the members of the Illom in the matter of administration and in the matter of thanthrik rituals. As per the compromise, the festivals are to be conducted under the supervision of the committee and with the co-operation of the plaintiff Neelakandan Namboothiri. Certain other stipulations were also made with respect to the administration of the affairs of the Temple, the conduct of festivals, daily poojas, etc. O.S.No.603 of 2009 was disposed of in terms of the compromise. 3 WP(C) Nos.7972, 8227 & 11376/2016 3. There was an attempt to assign on registry an extent of 5 and odd hectares of land including the land covered by the serpent grove to landless tribals. The people of the locality as well as the members of the Illom were against the assignment on registry of the land in which the serpent grove is situated. Protest was made by them. This led to the filing of O.P.No.20315 of 2002 by P.P.Swathanthrayam Smaraka Vayanasala and Kailasam Arts and Sports Club, Charamangalam against the State of Kerala, the Secretary to the Government, Department of Forests, the Conservator of Forests, District Collector, Alappuzha and Kanjikuzhy Grama Panchayat. The prayer in O.P.No.20315 of 2002 was to issue a writ of mandamus, in public interest, directing respondents 1 to 4 in that writ petition not to assign the sacred grove in Survey Nos.511/3, 512/2 and 512/5 of Kanjikuzhy Village. The District Collector (4[th] respondent therein) filed a counter affidavit stating that no steps were taken to assign the land to anyone and that the proposal was to maintain the sacred grove as such. Recording the undertaking in the counter affidavit, O.P.No.20315 of 2002 was disposed of. 4. It would appear that the members of the Illom registered a trust deed in the year 2015, in which certain stipulations were made with respect to the management of the temple, serpent grove, etc. The local people do not approve the trust deed and the stipulations therein as such. According 4 WP(C) Nos.7972, 8227 & 11376/2016 to some of the local people, the serpent grove is a Government land covered by trees and the same has to be maintained as such without allowing anybody to cut down the trees. There is no case for the members of the Illom that the trees should be cut from the serpent grove. According to them, there was no attempt on their part to cut and remove trees. According to them, it is fairly clear that all the parties are agreed that the serpent grove situated in 1.10.20 hectares of land in the Survey numbers mentioned above should be protected as such without altering its nature and character and also by protecting the trees available therein. Therefore, on this point, no decision is required. 5. W.P.(C) No.7972 of 2016 is filed by K.P.Selvaraj, claiming to be the Secretary of Charamangalam Sree Kailasa Kshethram, for the issue of a writ of mandamus directing the District Collector to take immediate and effective steps to protect the sacred grove situated in 1.01.20 hectares of land and also to issue a writ of mandamus directing the District Collector, Alappuzha to take appropriate action against the 4[th] respondent (the Secretary, Madassery Sree Kailasa Kshethra Kudumbam Trust) for encroaching upon the said 1.01.20 hectares of land in accordance with the provisions of the Land Conservancy Act, 1957. The petitioner in W.P.(C) No.7972 of 2016 had preferred Ext.P8 representation dated 18.01.2016 to the District Collector indicating the attempt made by certain persons to WP(C) Nos.7972, 8227 & 11376/2016 5 destroy the serpent grove. Ext.P8 representation has not been disposed of so far. 6. W.P.(C) No.8227 of 2016 is filed by Neelakandan Namboothiri and one Sunil Kumar Namboothiri, praying for the issue of a writ of mandamus commanding the Sub Inspector of Police, Mararikulam to afford adequate police protection for the smooth conduct of the day today affairs of Charamangalam Sree Kailasa Kshethram. In W.P.(C) No.8227 of 2016, it is stated that vast extent of land was set apart for the upkeep, administration and maintenance of the temple, but over the years, due to encroachment of land and also by the operation of Land Reforms Act, the area is reduced to just more than 5 acres. It is stated that the festivals are conducted in the temple with the co-operation of the people of the locality. It is asserted by the petitioners in W.P.(C) No.8227 of 2016 that the temple is the private property of the Madasseri Illom. They also relied on the trust deed, which was registered as 107 of 2015 at Mararikulam Sub Registry. It is alleged in the writ petition that the conduct of Bhagavatha Sapthagha Yajnam proposed to be organised by the trust was obstructed by the some of the party respondents. In the counter affidavit filed by respondents 2 to 10 in W.P.(C) No.8227 of 2016, they have raised a contention that the temple is not the private property of Madasseri Illam. It is stated in the counter affidavit that for the last more than 50 years, the committee 6 WP(C) Nos.7972, 8227 & 11376/2016 constituted from among local devotees is administering the affairs of the temple. The right of the trust to conduct Bhagavatha Sapthaha Yajnam is also disputed in the counter affidavit. According to the party respondents, the committee has got the right to conduct the festivals in the temple in accordance with the compromise decree in O.S.No.603 of 2009 of the Munsiff's Court, Alappuzha. 7. W.P.(C) No.11376 of 2016 is filed by Gangadevi Antharjanam and Leeladevi Antharjanam of Madasseri Illom, for the issue of a writ of mandamus directing the District Police Chief, Alappuzha and the Circle Inspector of Police, Mararikulam to afford adequate police protection to the members of the Illom and to restrain respondents 3 and 4 (K.C.Dileep and K.P.Ashokan) and their followers from trespassing into the Charamangalam Sree Kailasa Family Temple and from conducting Sapthaha Yajnam or Ganapathihomam. Gangadevi Antharjanam and Leeladevi Antharjanam dispute the validity of the compromise in O.S.No.603 of 2009 of the Munsiff's Court, Alappuzha and they state that they have filed O.S.No.249 of 2016 on the file of the Munsiff's Court, Alappuzha, to set aside the compromise decree in O.S.No.603 of 2009. It is stated that O.S.No.249 of 2016 is pending disposal. In W.P.(C) No.11376 of 2016, respondents 3 to 5 have filed a counter affidavit disputing the special rights of the Illom and reiterating the existence and genuineness of the terms of the compromise 7 WP(C) Nos.7972, 8227 & 11376/2016 in O.S.No.603 of 2009 on the file of the Munsiff's Court, Alappuzha. 8. Heard the learned counsel for the parties and the learned Government Pleader. 9. From the averments in the writ petitions as well as the counter affidavits, it is clear that the serpent grove contains large number of trees. No party claims any right to cut and remove the trees. All the parties are agreed that the trees should be protected. The question whether the compromise decree in O.S.No.603 of 2009 is valid or not is a matter to be decided in O.S.No.249 of 2016 pending before the Munsiff's Court, Alappuzha. That there is no proposal to assign the extent of 1.01.20 hectares of land to landless tribals is clear from the counter affidavit filed by the District Collector, Alappuzha in O.P.No.20315 of 2002. It was taken note of and recorded in the judgment in O.P.No.20315 of 2002. It is admitted that the keys of Charamangalam Sree Kailasa Temple are in the possession of the committee members, who are party respondents in W.P. (C) No.8227 of 2016. It is agreed that they are prepared to hand over the keys to Neelakandan Namboothiri, the 1[st] petitioner in W.P.(C) No.8227 of 2016. Neelakandan Namboothiri undertakes to open the temple on all days and to conduct the poojas as usual, without any default. The question whether the 1.01.20 hectares of land mentioned above has now vested in the Government is a matter to be considered by the appropriate authority in WP(C) Nos.7972, 8227 & 11376/2016 8 appropriate proceedings. In the light of these admitted facts, we dispose of the writ petitions with the following directions: i. All the parties in these three writ petitions shall abide by the terms of the compromise decree in O.S.No.603 of 2009 on the file of the Munsiff's Court, Alappuzha. ii. The decree in O.S.No.603 of 2009 of the Munsiff's Court, Alappuzha shall govern the rights and liabilities of the parties until it is annulled or modified in appropriate legal proceedings. iii. The Police Officers concerned shall maintain the law and order situation in Charamangalam Sree Kailasa Kshethram as well as in the precincts of the serpent grove. iv. Police shall ensure the compliance of the terms of the compromise decree in O.S.No.603 of 2009 of the Munsiff's Court, Alappuzha, in case any law and order situation arises. v. The keys of Charamangalam Sree Kailasa Temple shall be handed over to Neelakandan Namboothiri within a period of one week. It is sufficient if the members of the committee handover the keys to the Sub Inspector of Police, Mararikulam, who shall handover the keys to Neelakandan Namboothiri. vi. Neelakandan Namboothiri and the members of his Illom shall ensure that daily poojas in Charamangalam Sree Kailasa Temple are 9 WP(C) Nos.7972, 8227 & 11376/2016 conducted without default and as usual, in terms of the compromise decree in O.S.No.603 of 2009 of the Munsiff's Court, Alappuzha. vii. The trees standing in the serpent grove, having an extent of 1.01.20 hectares, shall not be cut and removed by any of the parties. viii. 1.01.20 hectares of land comprising the serpent grove shall not be assigned to any person under any circumstances and the property shall be preserved as it is by all concerned. ix. The dispute as to whether the extent of 1.01.20 hectares of land belongs to Madasseri Illom or whether it has vested in the Government is a matter to be decided on hearing all the parties in appropriate proceedings. All the contentions of the parties are left open in this regard. The writ petitions are disposed of as above. All pending interlocutory applications will stand closed. ## **K.T.SANKARAN, JUDGE.** ## **A. HARIPRASAD, JUDGE.** **cks**