Kerala High Court
Kamaleswaram Nair Service Society ... vs The State Of Kerala on 2 November, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
1
W.P.(C)No.38412 of 2024 2024:KER:81480
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
SATURDAY, THE 2ND DAY OF NOVEMBER 2024/11TH KARTHIKA, 1946
WP(C) NO. 38412 OF 2024
PETITIONER:
KAMALESWARAM NAIR SERVICE SOCIETY REPRESENTED
BY THE SECRETARY,
RAMANKUTTY NAIR, AGED 55 YEARS
NSS KARAYOGAM NO.3117, NEAR GHSS SCHOOL,
KAMALESWARAM, MANAKKADU,P.O,
THIRUVANANTHAPURAM -695009, PIN - 695009
BY ADV G.VIDYA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM -695001, PIN
- 695001
2 TRAVANCORE DEVASWOM-BOARD REPRESENTED BY THE
SECRETARY
TRAVANCORE DEVASWOM HEAD QUARTERS,
NANTHANCODE, KOWDIAR.P.O,
THIRUVANANTHAPURAM, PIN - 695003
3 DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM
BOARD, TRAVANCORE DEVASWOM HEAD QUARTERS,
NANTHANCODE, KOWDIAR.P.O,
2
W.P.(C)No.38412 of 2024 2024:KER:81480
THIRUVANANTHAPURAM, PIN - 695003
4 SPECIAL THAHASILDAR
(LAND CONSERVATION) OFFICE OF THE SPECIAL
THAHASILDAR, TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, KOWDIAR.P.O,
THIRUVANANTHAPURAM, PIN - 695003
OTHER PRESENT:
SRI. S. RAJMOHAN;
SRI. G. BIJU, SC,TDB
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 02.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C)No.38412 of 2024 2024:KER:81480
JUDGMENT
Anil K. Narendran, J
The petitioner, namely Kamaleswaram Nair Service Society
represented by its Secretary, has filed this writ petition under
Article 226 of the Constitution of India, seeking a writ of certiorari
to quash Ext.P1 communication dated 22.11.2022 of the 3 rd
respondent Devaswom Commissioner, addressed to the Secretary
of the 2nd respondent Travancore Devaswom Board, for issuing
necessary direction to the 4th respondent Special Tahsildar (Land
Conservancy), Travancore Devaswom Board to evict
encroachments from 1.55 Acres of Devaswom land of
Kamaladhichapuram Devaswom, which is under the management
of Board, Ext.P2 communication dated 29.11.2022 issued by the
Secretary of the 2nd respondent Board to the 4th respondent
Special Tahsildar (Land Conservancy), whereby the 4th respondent
is authorised to initiate land conservancy proceedings against the
encroachers of 1.55 Acres of land of Kamaladhichapuram
Devaswom; and Ext.P3 notice dated 27.05.2023 issued by the 4 th
respondent, Special Tahsildar (Land Conservancy), to the
Secretary of the petitioner society, requiring him to produce
documents to show the title over the property comprised in Survey
W.P.(C)No.38412 of 2024 2024:KER:81480
No.352 of Muttathara Village, within a period of 15 days. The
petitioner has also sought for other consequential reliefs.
2. Heard the learned counsel for the petitioner, the learned
Senior Government Pleader for the 1st respondent State and the
learned Standing Counsel for Travancore Devaswom Board for
respondents 2 to 4.
3. The reliefs sought for in this writ petition are against
Exts.P1 and P2 communications and Ext.P3 notice issued in
respect of Devaswom land of Kamaladhichapuram Devaswom.
Pursuant to Exts.P1 and P2 communications, the petitioner has
been issued with Ext.P3 notice dated 27.05.2023 of the 4th
respondent Special Tahsildar (Land Conservancy), whereby the
petitioner is required to produce documents to show its title over
the property comprised in Sy.No.352 of Muttathara Village, within
the time limit specified in that notice.
4. A reading of Ext.P1 communication dated 22.01.2022
of the 3rd respondent Devaswom Commissioner would show that,
as per the settlement register, the total extent of land of
Kamaladhichapuram Devaswom in Old Survey No.352 of
Muttathara Village is 1.55 Acres, out of which only an extent of
56.6 cents are presently in the possession of the Devaswom. As
W.P.(C)No.38412 of 2024 2024:KER:81480
th
per the report dated 20.10.2022 of the 4 respondent Special
Tahsildar (Land Conservancy), the Devaswom land in Survey
No.352 of Muttathara Village is encroached by the Muttathara
Village Office, Kamaleswaram Government Higher Secondary
School, Port Engineering Department, Kamaleswaram Nair Service
Society, and also for constructing a Bus waiting shed and for
installing a Transformer.
5. In respect of Devaswom land of temples under the
management of the Travancore Devaswom Board, proceedings
under the Land Conservancy Act can be initiated, in view of the
provisions contained in Section 27 of the Travancore-Cochin Hindu
Religious Institution Act, 1950. In Payappar Sree Dharma
Sastha Temple v. A.K. Joseph [(2009) 14 SCC 628], the Apex
Court held that immovable properties entered or classed in
revenue records as Devaswom property, which is in the possession
or enjoyment of the Devaswom effective from 12.04.1922 shall be
dealt with as Devaswom properties.
6. When Ext.P3 notice is one issued by the 4th respondent
Special Tahsildar (Land Conservancy) for initiating proceedings
under the Kerala Land Conservancy Act in respect of the
Devaswom land of Kamaladhichapuram Devaswom, comprised in
W.P.(C)No.38412 of 2024 2024:KER:81480
Survey No.352 of Muttathara Village, whereby the Secretary of
the petitioner society is required only to produce documents to
show its title over the said property, the said notice cannot be
challenged invoking the extraordinary jurisdiction of this Court
under Article 226 of the Constitution of India. The documents
marked as Exts.P1 and P2 are internal communications between
the Devaswom Commissioner, the Secretary of the Board and the
Special Tahsildar (Land Conservancy).
In such circumstances, the challenge made in this writ
petition against Exts.P1 to P3 fails and the writ petition is
accordingly dismissed; however without prejudice to the right of
the petitioner to produce necessary documents to prove its title
over the property comprised in Survey No.352 of Muttathara
Village, before the 4th respondent Special Tahsildar (Land
Conservancy), and to defend that proceedings raising appropriate
legal and factual contentions.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S, JUDGE
Mms
W.P.(C)No.38412 of 2024 2024:KER:81480
APPENDIX OF WP(C)NO.38412/2024
PETITIONER'S EXHIBITS
EXHIBIT - P1 THE TRUE COPY OF THE PROCEEDINGS OF THE
3RD RESPONDENT DATED 22.11.2022
EXHIBIT - P2 THE TRUE COPY OF THE PROCEEDINGS OF THE
2ND RESPONDENT DATED 29.11.2022
EXHIBIT - P3 THE TRUE COPY OF THE NOTICE ISSUED BY
THE 4TH RESPONDENT DATED 27.05.2023
