Kerala High Court
Gsb Aikya Samithy vs District Collector on 19 May, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:34031
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 19TH DAY OF MAY 2025 / 29TH VAISAKHA, 1947
WP(C) NO. 15953 OF 2025
PETITIONER:
GSB AIKYA SAMITHY,
REPRESENTED BY ITS SECRETARY,
SURESHKUMAR V.PAI, AGED 49 YEARS,
S/O VENKETESWARA PAI,
BUILDING NO.3/40,
CHANGANACHERRY MUNICIPALITY,
KOTTAYAM DISTRICT, PIN - 686101
BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
DIVYADEVI V.G.
ANGEL GYLES LIKE
PARVATHY R.
RESPONDENTS:
1 DISTRICT COLLECTOR,
COLLECTORATE, KOTTAYAM DISTRICT, PIN - 686002
2 THE CHANGANACHERRY MUNICIPALITY,
REPRESENTED BY ITS SECRETARY, MUNICIPAL BUILDING,
CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686101
BY ADV.
SMT.AMMINIKUTTY, SR. GOVERNMENT PLEADER
SRI.SURIN GEORGE IPE, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:34031
W.P.(C) No.15953/2025
:2:
JUDGMENT
Dated this the 19th day of May, 2025 The petitioner states that it is an Association registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955, constituted for the welfare and upliftment of members of Gowda Saraswatha Brahmin Community, which is a linguistic minority.
2. At present, the petitioner-Association is having 75 families in Changanacherry as members. The petitioner- Association has its own bye-laws to protect the interests of the members of their community. The members of the petitioner are having peculiar rituals and customs like Upakarma, Upanayana, Sathyanarayana monthly Pooja, Navarathri Pooja, Bhajans, etc. and on account of the same, the petitioner requires 'Mandirs' which are set up following the rituals and traditions to heed the 2025:KER:34031 W.P.(C) No.15953/2025 :3: petitioner's religious practices.
3. Therefore, the petitioner decided to use the building bearing No.3/40 in Changansserry Municipality which is under their exclusive ownership, possession and enjoyment, as a 'Mandir'. Following the decision of the community as a whole, the petitioner changed the user of the building referred above as a 'Mandir' with a deity to protect the interests of the community at large. The above 'Mandir' has been established following various religious sacraments, rituals and traditions. Since the 1st respondent is competent to grant permit for the use of above building as a 'Mandir', the petitioner has preferred Ext.P3 representation before the 1 st respondent seeking permission to use the same as a 'Mandir'. The petitioner has the constitutional right to manage their religious affairs, contended the petitioner.
4. I have heard the learned counsel for the petitioner, the learned Senior Government Pleader representing 2025:KER:34031 W.P.(C) No.15953/2025 :4: the 1st respondent and also the learned Standing Counsel representing the 2nd respondent.
5. Taking into consideration the fact that a community hall has been converted into a 'Mandir', it would be only just and proper that the 1st respondent considers Ext.P3 representation and takes appropriate decision thereon, if necessary with notice to the 2nd respondent.
The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P3 and pass appropriate orders thereon with notice to the 2nd respondent, if found necessary. Orders shall be passed within a period of one month. The petitioner shall serve a copy of this writ petition and judgment on the 1st respondent.
Sd/-
N. NAGARESH JUDGE SR 2025:KER:34031 W.P.(C) No.15953/2025 :5: APPENDIX OF WP(C) 15953/2025 PETITIONER'S EXHIBITS:
Exhibit P1 A TRUE COPY OF THE AGREEMENT BEARING NO.8546/1972 BEFORE THE SRO, CHANGANACHERRY DATED 7/2/1972.
Exhibit P2 A TRUE COPY OF THE SALE DEED BEARING NO.2404/1970 DATED 19/10/1970.
Exhibit P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20/5/2024.