Major Thiruvalloor Mahadeva ... vs The Secretary
2021 Latest Caselaw 14898 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
                              &
     THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                     DBP NO. 55 OF 2019
    IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB
                PROCEEDINGS INITIATED - REG.

                        ------------

PETITIONER/S:

         MAJOR THIRUVALLOOR MAHADEVA KSHETHROPADESAKA
         SAMITHI
         PARAVUR GROUP,
         ALANGADU P. O. - 683 511
         REPRESENTED BY ITS PRESIDENT A.C. RATHEESH
         BY ADV SUO MOTU


RESPONDENT/S:

         THE SECRETARY
         TRAVANCORE DEVASWOM BOARD,
         THIRUVANANTHAPURAM
         BY ADVS.
         SRI. G.SANTHOSH KUMAR,SC,TDB
         GOVERNMENT PLEADER


     THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 15.07.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
                                 -2-
D.B.P. No.55 of 2019



                             JUDGMENT

Ravikumar, J.

This suo motu proceedings have been initiated based on

the report of compliance filed in DBP No.131 of 2015, filed by the

Special Tahsildar in terms of the order in DBP No.131 of 2015. In

DBP No.131 of 2015, which was registered based on report No.131

of 2015 of the learned Ombudsman for Travancore and Cochin

Devaswom Boards in relation to the alleged trespass and

encroachment into 95 cents of land comprised in Sy.No.437/5 of

Alangadu Village. Essentially, the contention was that the land

in question belongs to the Devaswom by virtue of operation of

Section 27 of the Travancore Cochin Hindu Religious Institutions

Act (for short 'the Act'). Taking note of the nature of the

complaint filed before the learned Ombudsman based on which

the aforesaid report was filed by the learned Ombudsman, this

Court directed the Special Tahsildar, Travancore Devaswom

Board to initiate action under the Land Conservancy Act

D.B.P. No.55 of 2019

adverting specifically to the contents of Annexures A and B

reports produced along with the report of the learned

Ombudsman. As already noticed, it is the report of compliance

with direction in the said order in DBP No.131 of 2015 that led to

the registration of the captioned DBP obviously, in terms of the

Order in DBP No.131 of 2015. As per order dated 03.03.2020 in

the above DBP, taking note of the submission of the learned

Standing Counsel that owing to the non-co-operation of the

persons the entire process initiated under the Act came to a

standstill, this Court passed an order directing the Special

Tahsildar, Land Conservancy Unit, Travancore Devaswom Board

to file a report as to why further action in accordance with the

provisions under the Land Conservancy Act was not taken

despite the order dated 26.03.2018 in DBP No.131 of 2015. This

court took note of the affidavit subsequently filed in this

proceedings to the effect that one Smt.Lakshmikutty Amma, D/o.

Kunnayakkattu veettil Kunjan Pillai as per Thandapper No.10178

D.B.P. No.55 of 2019

in Alangadu Village was not heard, though she got interest in the

matter and in fact, all the others, who got interest in the matter

were heard. Consequently, as per order dated 24.08.2020, this

Court issued a further direction that the said Smt.Lakshmikutty

Amma shall also be afforded with an opportunity of being heard

and thereafter the proceedings shall be concluded by the learned

Special Tahsildar. Now along with a memo dated 19.10.2020, the

order passed finally by the Special Tahsildar dated 07.10.2020

along with an action taken report filed by him are produced

respectively as Annexures R1(a) and R1(b). We have perused

Annexures R1(a) and R1(b). A perusal of the said documents

would reveal that action has been taken by the Special Tahsildar

in terms of the directions in DBP No.131 of 2015 and also the

directions issued by this Court in this proceedings. In the said

circumstances, DBP No.55 of 2019 is closed with the observation

that the Special Tahsildar, Land Conservancy Unit, Travancore

Devaswom Board shall take further follow up steps based on

D.B.P. No.55 of 2019

Annexure R1(a) order in accordance with law. Needless to say

that once the proceedings are over based on Annexure R1(a)

order, the Travancore Devaswom Board shall effect

corresponding appropriate entries or corrections in the relevant

records/registers, in tune with the outcome of the proceedings.

The DBP stands closed.

Sd/ C.T.RAVIKUMAR Judge

sd/-

MURALI PURUSHOTHAMAN Judge

das