Kerala High Court
Sumesh vs Mulamkunnathukavu Devaswom on 20 February, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
1945
CRP(LR) NO. 8 OF 2023
AGAINST THE ORDER/JUDGMENT AA 84/2021 OF A.A.
(LR),THRISSUR
SMP 224/2015 OF LAND TRIBUNAL, THRISSUR
REVISION PETITIONER/S:
USHA VASUDEVAN
AGED 58 YEARS
W/O.VASUDEVAN, KUNNATHULLY HOUSE, DOOR
NO.10/365/5, THRISSUR CORPORATION, CHIYYARAM
P.O, THRISSUR DISTRICT., PIN - 680026
BY ADVS.
R.SREEHARI
HAMZA A.V.
VIGNESH S.
RESPONDENT/S:
1 MULAMKUNNATHUKAVU DEVASWOM
MULAMKUNNATHUKAVU POST, THRISSUR DISTRICT,
REPRESENTED BY ITS DEVASWOM OFFICER, PIN -
680581
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT OF KERALA., PIN - 695001
BY ADV K.P. SUDHEER ADVOCATE
OTHER PRESENT:
SR.PP-SRI.HARISH K.P
THIS CRP (LAND REFORMS ACT) HAVING COME UP FOR
ADMISSION ON 20.02.2024, ALONG WITH CRP(LR).9/2023,
10/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
CRP Nos.8, 9, 10 and 22 of 2023
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
1945
CRP(LR) NO. 9 OF 2023
AGAINST THE ORDER/JUDGMENT AA 86/2021 OF A.A.
(LR),THRISSUR
SMP 226/2015 OF LAND TRIBUNAL, THRISSUR
REVISION PETITIONER/S:
K.T.VASUDEVAN
AGED 65 YEARS
S/O.THACHU, KUNNATHULLY HOUSE, DOOR NO.10/356/5,
THRISSUR CORPORATION, CHIYYARAM P.O., THRISSUR
DISTRICT., PIN - 680026
BY ADVS.
R.SREEHARI
HAMZA A.V.
VIGNESH S.
RESPONDENT/S:
1 MULAMKUNNATHUKAVU DEVASWOM
MULAMKUNNATHUKAVU POST, THRISSUR DISTRICT,
REPRESENTED BY ITS DEVASWOM OFFICER., PIN -
680581
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT OF KERALA., PIN - 695001
BY ADV K.P. SUDHEER ADVOCATE
THIS CRP (LAND REFORMS ACT) HAVING COME UP FOR
ADMISSION ON 20.02.2024, ALONG WITH CRP(LR).8/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRP Nos.8, 9, 10 and 22 of 2023
-3-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
1945
CRP(LR) NO. 10 OF 2023
AGAINST THE ORDER/JUDGMENT AA 82/2021 OF A.A.
(LR),THRISSUR
SMP 214/2015 OF LAND TRIBUNAL, THRISSUR
REVISION PETITIONER/S:
SUMESH
AGED 38 YEARS
S/O.VASUDEVAN, KUNNATHULLY HOUSE, DOOR
NO.10/365/5, THRISSUR CORPORATION, CHIYYARAM
P.O, THRISSUR DISTRICT., PIN - 680026
BY ADVS.
R.SREEHARI
HAMZA A.V.
VIGNESH S.
RESPONDENT/S:
1 MULAMKUNNATHUKAVU DEVASWOM
MULAMKUNNATHUKAVU POST, THRISSUR DISTRICT,
REPRESENTED BY ITS DEVASWOM OFFICER, PIN -
680581
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM POST, THIRUVANANTHAPURAM
DISTRICT, PIN - 695001
BY ADV K.P. SUDHEER ADVOCATE
THIS CRP (LAND REFORMS ACT) HAVING COME UP FOR
ADMISSION ON 20.02.2024, ALONG WITH CRP(LR).8/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
CRP Nos.8, 9, 10 and 22 of 2023
-4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA,
1945
CRP(LR) NO. 22 OF 2023
AGAINST THE ORDER/JUDGMENT AA 83/2021 OF A.A.
(LR),THRISSUR
SMP 215/2015 OF LAND TRIBUNAL, THRISSUR
REVISION PETITIONER/S:
VASUDEVAN
AGED 66 YEARS
S/O.THACHU, KUNNATHULLY HOUSE, DOOR NO.10/356/5,
THRISSUR CORPORATION, CHIYYARAM P.O., THRISSUR
DISTRICT, PIN - 680026
BY ADVS.
R.SREEHARI
HAMZA A.V.
VIGNESH S.
RESPONDENT/S:
1 MULAMKUNNATHUKAVU DEVASWOM
MULAMKUNNATHUKAVU POST, THRISSUR DISTRICT,
REPRESENTED BY ITS DEVASWOM OFFICER, PIN -
680581
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
BY ADV K.P. SUDHEER ADVOCATE
THIS CRP (LAND REFORMS ACT) HAVING COME UP FOR ADMISSION
ON 20.02.2024, ALONG WITH CRP(LR).8/2023 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
CRP Nos.8, 9, 10 and 22 of 2023
-5-
ORDER
Dated this the 20th day of February, 2024
These civil revision petitions are filed
challenging the orders of the Land Tribunal, as
affirmed by the Land Reforms Appellate Authority.
By the impugned orders, the suo motu proceedings
initiated under Section 72F of the Kerala Land
Reforms Act, 1963, based on the applications
filed by the petitioners for issuance of purchase
certificate with respect to the land in their
possession and cultivation, were dismissed.
2. Learned Counsel for the petitioners
submitted that the impugned orders are passed
based on the presumption that the properties
possessed by the petitioners are part of the
excess land held by a Company named M/s.Rajagopal
Textiles Mills Pvt. Ltd. It was therefore held
that the right, title and interest with respect
to the properties can be determined only after
CRP Nos.8, 9, 10 and 22 of 2023
ascertaining whether the land purchased by the
petitioners and cultivating tenants are exempted
from the purview of excess land held by the
Company prior to 01.04.1964. It is contended
that there is no basis for such presumption
without the land being declared as excess land in
the hands of the owner and a further finding that
the properties in the possession of the
petitioners fall within such excess land.
3. Learned Government Pleader contended
that the Land Tribunal had presumed the lands to
be part of the excess land based on the report
of the authorised officer and Deputy Tahasildar
(Ceiling Return).
4. Learned Counsel for the first respondent
Devaswom Board submitted that as per interim
order dated 13.04.2023 in W.P.(C).No.8851 of
2020, a Division Bench of this Court has directed
that the Land Tribunals shall not initiate S.M
proceedings for issuance of purchase certificate
CRP Nos.8, 9, 10 and 22 of 2023
in respect of Devaswom lands of Temples under the
control/management of the Devaswom Boards,
without the respective Devaswom Board,
represented by its Secretary, in the party array.
Therefore, the Cochin Devaswom Board is a
necessary party in S.M proceedings before the
Land Tribunal.
5. As rightly contended by the learned
Counsel for the petitioners, the impugned orders
are passed based entirely on presumption that the
property forms part of excess land owned by the
Company. In the absence of declaration regarding
excess land in the possession of the Company and
the evidence to the effect that the petitioners'
property forms part of such excess land, the Land
Tribunal as well as Appellate Authority went
wrong in rejecting the petitioners' claim. Even
if a report indicating that the Company is
holding land in excess of the ceiling limit was
filed by the authorised officer and the Deputy
CRP Nos.8, 9, 10 and 22 of 2023
Tahsildar (Ceiling Return), the suo motu
proceedings should not have been decided based
only on the report.
In the result, the civil revision petitions
are allowed. The impugned orders are set aside
and the matters are remanded to the Land Tribunal
for fresh consideration. The Land Tribunal shall
pass appropriate orders in these matters based on
the evidence on record and following the
prescribed procedure, after issuing notice to the
petitioners and the Cochin Devaswom Board.
Considering that the suo motu proceedings are of
the year 2015, all efforts shall be taken to
dispose of these matters within six months of
receipt of a copy of this order.
Sd/-
V.G.ARUN
JUDGE
Scl/
