Kerala High Court
Chirakkal Kovilakom Devaswoms vs State Of Kerala on 8 January, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.539/2025 1/9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Wednesday, the 8th day of January 2025 / 18th pousha, 1946
WP(C) NO. 539 OF 2025
PETITIONER:
CHIRAKKAL KOVILAKOM DEVASWOMS, REPRESENTED BY ITS EXECUTIVE OFFICER,
P.O. CHIRAKKAL, KANNUR DISTRICT - , PIN - 670011
RESPONDENTS:
1. STATE OF KERALA , REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM - , PIN - 695001
2. PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE(N) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - , PIN - 695001
3. PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE(DEVASWOM) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - , PIN - 695001
4. KERALA STATE LAND BOARD, REPRESENTED BY ITS SECRETARY, LAND BOARD
OFFICE, THIRUVANANTHAPURAM - , PIN - 695033
5. THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR P.O, KANNUR DISTRICT -
, PIN - 670002
6. THE DEPUTY COLLECTOR (LR), KANNUR, LAND TRIBUNAL, CIVIL STATION,
KANNUR P.O, KANNUR DISTRICT - , PIN - 670002
7. THE DEPUTY COLLECTOR (RR), KANNUR, LAND TRIBUNAL, CIVIL STATION,
KANNUR P.O, KANNUR DISTRICT - , PIN - 670002
8. THE DEPUTY COLLECTOR (D.M), KANNUR, LAND TRIBUNAL, CIVIL STATION,
KANNUR P.O, KANNUR DISTRICT , PIN - 670002
9. MALABAR DEVASWOM BOARD ,REPRESENTED BY ITS SECRETARY, HOUSEFED
COMPLEX, P.O. ERAHNIPALAM, KOZHIKODE - , PIN - 673006
10. THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, P.O.
ERAHNIPALAM, KOZHIKODE - , PIN - 673006
11. C.K.SHAJI, DEPUTY COLLECTOR (LR), KANNUR - (AGED AND FATHER'S NAME
NOT KNOWN TO THE PETITIONER , PIN - 670002
12. THE SECRETARY, KERALA LAND BOARD OFFICE, THIRUVANANTHAPURAM-690033
**IS SUOMOTU IMPLEADED AS ADDITIONAL 12TH RESPONDENT AS PER ORDER
DATED 08.01.2025 IN THE WP(C)**
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay Ext.P5 Circular/Order and all proceedings pursuant
thereto, pending disposal of the above Writ Petition (Civil) in the
interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.MAHESH V RAMAKRISHNAN Advocate for the petitioner and of SENIOR
GOVERNMENT PLEADER for R1 to R8 and ADDITIONAL R12 ,STANDING COUNSEL for
R9 and R10, the court passed the following:
WP(C) No.539/2025 2/9
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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W.P.(C)No.539 of 2025
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Dated this the 8th day of January, 2025
ORDER
Anil K. Narendran, J.
The Secretary, Kerala Land Board Office,
Thiruvananthapuram - 690 033 is suo motu is impleaded as the
additional 12th respondent.
2. Admit.
3. The learned Senior Government Pleader takes notice
for respondents 1 to 8 and the additional 12th respondent and the
learned Standing Counsel for Malabar Devaswom Board for
respondents 9 and 10.
4. Having considered the averments in paragraph 7 of the
writ petition, we deem it appropriate to issue notice to the 11 th
respondent, who is arrayed in his personal capacity, by special
messenger returnable by 20.01.2025.
5. The learned Special Government Pleader to place on
record a counter affidavit of the 2nd respondent with specific
reference to Exts.P3 and P5 communications of the Secretary of
the 4th respondent State Land Board. A counter affidavit on behalf
of the 4th respondent State Land Board with specific reference to
Exts.P3 and P5 communications addressed to the Land Tribunals
shall also be placed on record. An individual counter affidavit
sworn to by the 11th respondent with specific reference to the
averments contained in paragraph 7 of the writ petition shall also
be placed on record.
6. The petitioner would place reliance on Ext.P4 interim
order of this Court dated 19.12.2024 in W.P.(C)No.45390 of 2024.
That writ petition was filed by the petitioner Chirackal Kovilakam
Devaswoms seeking a writ of certiorari to quash Ext.P3
communication dated 27.11.2023 issued by the Secretary of the
4th respondent State Land Board. Paragraphs 4 to 7 of Ext.P4
interim order read thus;
"4. Ext.P3 communication is one issued with reference to
the order of this Court dated 13.04.2023 in W.P.(C)No.8851
of 2020 - Jayaprakashan K. v. State of Kerala [2023
(3) KHC 541]. In the writ petition, it is alleged that the
directions and guidelines contained in Ext.P3
communication dated 27.11.2023 issued by the Secretary
of the 4th respondent State Land Board is in violation of the
specific directions issued by this Court in Jayaprakashan
K. [2023 (3) KHC 541].
5. The learned Special Government Pleader, on instructions
would submit that Ext.P3 communication dated 27.11.2023
issued by the Secretary of the 4th respondent State Land
Board is one issued to ensure strict compliance of the
directions contained in the decision of this Court in
Jayaprakashan K. [2023 (3) KHC 541], in letter and
spirit, by all Devaswom Land Tribunals in the State, while
dealing with Devaswom lands for the issuance of purchase
certificates under the provisions of the Kerala Land Reforms
Act. As undertaken before this Court in W.P.(C)No.8851 of
2020, the directions contained in Jayaprakashan K. [2023
(3) KHC 541] shall be followed, in letter and spirit, by all
Devaswom Land Tribunals in the State, while dealing with
Devaswom lands.
6. In W.P.(C)No.31991 of 2023 filed by the devotees of Sree
Chemmanthitta Bhagavathy Temple, which is a controlled
institution under the Malabar Devaswom Board, this Court
noticed that no objection certificates in a cyclostyled format
are being issued by the Chairman of the Board of Trustees
of that temple, who is a non-hereditary trustee, in
connection with proceedings pending before the Land
Tribunal, for the issuance of purchase certificates in respect
of the Devaswom land. Paragraphs 3 to 8 of the order dated
13.12.2024 in W.P.(C)No.31991 of 2023 read thus;
"3. The documents marked as Exts.P19 and P20 are
two no objection certificates issued by the Chairman
of the Board of Trustees of Sree Chemmathitta Bha-
gavati Temple. Ext.P19 no objection certificate
dated 02.05.2018 and Ext.P20 no objection certifi-
cate dated Nil are extracted hereunder:
4. Regarding the challenge made in the writ petition
against Ext.P14 order, the learned counsel for the
petitioners would place reliance on the judgment of
this Court in Chathu Achan K. v. State of Kerala
[2022 (6) KLT 388] and Anantha Narayanan
and another v. Malabar Devaswom Board and
others [2023 KLT OnLine 1195 : 2023 SCC
OnLine Ker 1022].
5. We notice that the law laid down in those deci-
sions is reiterated in the decision in Muraleedharan
M. v. Malabar Devaswom Board [2024 (6) KHC
SN 20]. In the said decision, this Court has also
referred to the law laid down in Satheesh Kumar
E. v. Malabar Devaswom Board and others
[2011 (4) KHC 696].
6. The learned Standing Counsel for Malabar Devas-
wom Board seeks time to get instructions as to
whether the no objection certificates in cyclostyled
formats, like Exts.P19 and P20, are being issued by
the Board of Trustees of the temples, which are con-
trolled institutions under the Malabar Devaswom
Board, in respect of Devaswom lands, in connection
with proceedings pending before the Devaswom
Land Tribunal, for the issuance of purchase certifi-
cates under the provisions of the Kerala Land Re-
forms Act.
7. The learned Senior Government Pleader would
submit that in terms of the directions issued by this
Court in Jayaprakashan K. v. State of Kerala and
others [2023 (3) KHC SN 14 : 2023 (3) KLT
541], all Land Tribunals in the State are directed to
ensure strict compliance of the directions contained
in that order, in letter and spirit, in respect of the
proceedings initiated under the provisions of the
Kerala Land Reforms Act, for issuance of purchase
certificates for the Devaswom lands of the temples
under the management of the Travancore Devas-
wom Board and Cochin Devaswom Board and also
the temples, which are controlled institutions under
the Malabar Devaswom Board.
8. The learned Senior Government Pleader seeks
time to get instructions through the 1st respondent
as to whether no objection certificates in cyclostyled
formats, like Exts.P19 and P20, issued by the Board
of Trustees of the temples, which are controlled
institutions under the Malabar Devaswom Board, are
being acted upon by the Devaswom Land Tribunals."
7. Having considered the submissions made by the learned
counsel for the petitioner, the learned Special Government
Pleader for respondents 1 to 8 and also the learned Standing
Counsel for Malabar Devaswom Board for respondents 9 to
10, we deem it appropriate to pass an interim order
directing respondents 1 to 4 to take necessary steps to
ensure that issuance of purchase certificate by all
Devaswom Land Tribunals in respect of Devaswom lands of
the temples, which are controlled institutions under the
Malabar Devaswom Board, is strictly in accordance with the
directions contained in the order of this Court in
Jayaprakashan K. [2023 (3) KHC 541]. No Land
Tribunal, without conducting a proper enquiry in terms of
the directions contained in the said order of this Court, shall
issue purchase certificates acting upon the no objection
certificates issued by the Chairman of Board of Trustees of
such temples. The 9th respondent Malabar Devaswom
Board, through the 10th respondent Commissioner, shall
issue a circular against the issuance of no objection
certificates by the Board of Trustees of the temples, which
are controlled institutions under the Board, in connection
with matters pending before the Devaswom Land Tribunals,
for issuance of purchase certificates in respect of Devaswom
lands."
7. Having considered the pleadings and materials on
record and also the submissions made at the Bar, we deem it
appropriate to grant an interim stay of operation and all further
proceedings pursuant to Ext.P5 communication dated 11.07.2024
of the Secretary of the 4th respondent State Land Board,
addressed to all Land Tribunals in the State, for a period of three
weeks. It is made clear that this interim order will not stand in the
way of the Land Tribunals in proceeding with the consideration of
the claims for issuance of purchase certificates, in strict
compliance of the directions contained in the decision of this Court
in Jayaprakashan K. [2023 (3) KHC SN 14 : 2023 (3) KLT
541] with specific reference to the statutory provisions referred
to in that decision. In the orders to be passed by the Land
Tribunals, the Tribunals will have to record its findings with specific
reference to each and every requirement enumerated in the said
decision of this Court.
List on 20.01.2025.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MIN
08-01-2025 /True Copy/ Assistant Registrar
Exhibit P3 TRUE COPY OF THE ORDER/CIRCULAR NO.LB.A3/2112/2022
DATED 27-11-2023 ISSUED BY THE 4TH RESPONDENT STATE
Exhibit P4 LAND BOARD
TRUE COPY OF THE INTERIM ORDER DATED 19-12-2024 IN
W.P.(C) NO. 45390 OF 2024 OF THIS HON'BLE COURT.
Exhibit P5 TRUE COPY OF THE ORDER/CIRCULAR NO.LB.A3/663/2024 DATED
11-07-2024 ISSUED BY THE 4TH RESPONDENT
08-01-2025 /True Copy/ Assistant Registrar
