Kerala High Court
A.M.Balachandran vs Travancore Devaswom Board on 25 October, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
DBP NO. 101 OF 2024 1 2024:KER:79624
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
DBP NO. 101 OF 2024
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - REPORT
NO. 57/2024 (ACTION TAKEN REPORT) IN W.P.(C) 17242/2022 -
EZHAMUTTAM SIVA TEMPLE - ENCROACHMENT OF DEVASWOM LAND -
THRIKKARIYOOR GROUP - KARIKKODE VILLAGE - SUO MOTU
PROCEEDINGS INITIATED - REG:
PETITIONER/COMPLAINANT:
A.M.BALACHANDRAN
ANTHYALUNKAL, EZHALLOOR P.O., THODUPUZHA - 685605
RESPONDENT/S:
1 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM - 685003
2 DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR
POST, THIRUVANANTHAPURAM - 695003
3 SPECIAL TAHSILDAR
LAND CONSERVANCY UNIT, TRAVANCORE DEVASWOM BOARD,
NANTHANCODE, KAWDIAR P.O., THIRUVANANTHAPURAM -
695003
ADDITIONAL R4 TO R6 IMPLEADED AS PER ORDER DATED
10.10.2024.
4 THE STATE OF KERALA
DBP NO. 101 OF 2024 2 2024:KER:79624
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695
001
5 THE DISTRICT COLLECTOR
COLLECTORATE, KUYILIMALA, PAINAVU P.O., IDUKKI
-685 603
6 THE TAHSILDAR
TALUK OFFICE, MINI CIVIL STATION, THODUPUZHA, PIN
- 685 584
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP; SRI. G. SANTHOSH KUMAR,
SC, TDB; SRI. P. RAMACHANDRAN, AMICUS CURIAE
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
DBP NO. 101 OF 2024 3 2024:KER:79624
ORDER
Anil K. Narendran, J.
This DBP is registered based on a report No.57 of 2024 of
the learned Ombudsman, which is an Action Taken Report
pursuant to the direction contained in the judgment dated
19.02.2024 of this Court in W.P.(C)No.17242 of 2022.
2. The said writ petition was filed by a devotee of
Ezhumuttam Sreemahadeva Temple, which is a temple under the
management of the 2nd respondent Travancore Devaswom Board,
under Article 226 of the Constitution of India, seeking an order
directing the respondents to evict the encroachment from the
temple property situated in Survey No.1512/3 of Karikode
Village, under the provisions of the Kerala Land Conservancy Act
and as per the directions contained in Ext.P6 order dated
05.07.2018 of the Apex Court in W.P.(C)No.649 of 2018 -
Mrinalini Padhi v. Union of India [2018 (7) SCC 789 : 2018
SCC OnLine SC 667] and take steps to protect the said land,
which belongs to the minor deity of Ezhumuttam Sreemahadeva
Temple.
3. By the judgment dated 19.02.2024 that writ petition
was disposed of by directing the Travancore Devaswom Board
and the Special Tahsildar (Land Conservancy) to take necessary
steps, in accordance with law, to evict all encroachments from
DBP NO. 101 OF 2024 4 2024:KER:79624
the Devaswom land of Ezhumuttam Sreemahadeva Temple, with
notice to the alleged encroachers, taking note of the law laid
down in the decisions referred to therein. The Board and the
Special Tahsildar were directed to initiate necessary steps in that
regard within a period of one month from the date of receipt of a
certified copy of the judgment and to complete the entire
exercise in within a period of six months. The Board was directed
to submit periodical action taken reports, once in every three
months before the learned Ombudsman. It was made clear that
it would be open to the learned Ombudsman to file reports
before this Court, if further directions from the Court are
necessary.
4. From the report of the learned Ombudsman, we notice
that the 3rd respondent Special Tahsildar (Land Conservancy),
Travancore Devaswom Board has already initiated proceedings
for evicting the alleged encroachers from the Devaswom land.
The Special Tahsildar (Land Conservancy) filed Annexure O1
report before the learned Ombudsman, wherein, it is pointed out
that the alleged encroachers have obtained patta from the Land
Tribunal and the Tahsildar, Thodupuzha has been requested to
furnish the files including sketch, vide letter dated 03.07.2024.
Thereafter, the Secretary of the Board submitted Annexure O2
DBP NO. 101 OF 2024 5 2024:KER:79624
report dated 22.07.2024 before the learned Ombudsman.
5. On 10.10.2024, when this matter came up for
consideration, the learned Standing Counsel for the Travancore
Devaswom Board sought time to get instructions. The State of
Kerala, represented by the Principal Secretary to Government,
Revenue (Devaswom) Department, the District Collector, Idukki
and the Tahsildar, Thodupuzha, were suo motu impleaded as
additional respondents 4 to 6.
6. Heard the learned Standing Counsel for Travancore
Devaswom Board for respondents 1 to 3, the learned Senior
Government Pleader for additional respondents 4 to 6 and also
the learned amicus curie for the learned Ombudsman.
7. The learned Senior Government Pleader would submit
that the additional 6th respondent Tahsildar has already received
a request from the 3rd respondent Special Tahsildar for furnishing
the details regarding 58 pattas issued in respect of the land in
question. Since the Land Tribunal has already been abolished,
some time is required for tracing the files. The learned Senior
Government Pleader would submit that the additional 6 th
respondent Tahsildar shall furnish the necessary files to the 3 rd
respondent Special Tahsildar, within a period of three months.
Having considered the materials on record and also the
DBP NO. 101 OF 2024 6 2024:KER:79624
submissions made at the Bar, we deem it appropriate to dispose
of this DBP by directing the additional 6th respondent Tahsildar,
to furnish the files relating to 58 pattas issued in respect of the
land in question to the 3rd respondent, Special Tahsildar, within a
period of three months. Thereafter, the 3rd respondent, Special
Tahsildar, shall proceed with the matter, in terms of the
directions contained in the judgment dated 19.02.2024, with
notice to the alleged encroachers, and finalise the proceedings
within a further period of six months.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
Dxy
