Paramekkavu Bagavathi Temple is one of the largest Bagavathi temples in Kerala located in Thrissur City. Sakthan Thampuran ordained the temples into two groups, namely “Paramekkavu side” and “Thiruvambady side” for Thrissur Pooram which is the biggest festival in South India and Kerala. These two groups are headed by the principal participants, Paramekkavu Bagavathi Temple at Thrissur Swaraj Round and Thiruvambadi Sri Krishna Temple at Shoranur road.

W.P.(C)25549/2020 – PENDING
BENCH : SINGLE
CORAM : JUSTICE RAJA VIJAYARAGHAVAN
COURT : THE HIGH COURT OF KERALA

The petitioner is a devotee of Paramekkavu Devi and a worshipper of the deity. Property having an extent of 17 Cents in Sy.No. 2095/1 of Thrissur Village was given on lease by the Devaswom to one person, in which he has constructed a brick Kiln which was later on given on rent to the father of this private party . It was in such a manner that the property was transferred to the possession of this private party . In between, the property was even mortgaged with the bank which has sold the mortgaged property and ultimately as submitted earlier the property is now in the possession of this private party and he is continuing to do business there. The Devawom has filed an Original Suit in 1957 for evicting the lessee for arrears of rent and though the suit was decreed, it was not executed. Subsequently, in execution of the above said decree the property was sold in Court auction which was
purchased by the Devaswom itself and the sale was confirmed on 08.04.1996. But the property remained with the lessee, as only a symbolic possession was taken by the Devaswom. Thereafter, the lessee has filed a civil suit against Devaswom restraining the Devaswom from evicting him from the property which was decreed in his favour and the
appellate court reversed the judgment and dismissed the suit in favour of the Devaswom. That judgment has become final as the lessee has not challenged the same in 2nd appeal. But, in spite of all this the property remained with the lessee and the Devaswom has not taken any effective steps to remove him from possession and recover the possession of the property of the deity. In the meantime, Devaswom has again filed an Original Suit as O.S.No.951/99 for recovery of possession against the private party herein which was dismissed pointing out
several facts which include limitation and provisions of the Kerala Land reforms Act. This judgment was confirmed in appeal by the District Court, Thrissur in A.S.No. 197/01. So, in effect the property which was given on lease by the Devaswom is still in the possession of the private party in spite of the fact that the property has been purchased by the Devaswom in court auction by which the Devaswom has perfected the title of the deity. This case is filed seeking relief of direction to conduct an enquiry in to the encroachment of property of the minor deity of Sree paramekkavu Devaswom property having an extent of 17 Cents situated in Sy.No.2095/1 of Thrissur Village and maintain the same by evicting all encroachers