Kerala High Court

Chirackal Kovilakom Devaswoms vs State Of Kerala on 20 March, 2025

Author: Anil K. Narendran

Bench: Anil K.Narendran

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
         Thursday, the 20th day of March 2025 / 29th Phalguna, 1946
                         WP(C) NO. 40955 OF 2023(T)
PETITIONER:

     CHIRACKAL 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. THE DISTRICT COLLECTOR CIVIL STATION, KANNUR - , PIN - 670002
  5. THE DEPUTY COLLECTOR(LR), KANNUR, LAND TRIBUNAL, CIVIL STATION,
     KANNUR - , PIN - 670002
  6. MALABAR DEVASWOM BOARD - REPRESENTED BY ITS SECRETARY, HOUSEFED
     COMPLEX, P.O. ERAHNIPALAM, KOZHIKODE - , PIN - 673006
  7. THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, P.O.
     ERAHNIPALAM, KOZHIKODE , PIN - 673006
  8. ABDUL HAMEED, S/O AHAMMAD, MISHAL VILLA, VELAPURAM BRIDGE,
     PAPPNISSERY P.O., KANNUR, PIN - 670561
  9. BACHI SULAIMANTAKATH SHAILAB JAMEELA MANZIL, PULLANHIDA, ERIPURAM-
     CHENGAL, PAZHAYANGADI P.O., KANNUR - , PIN - 670303
 10. ITTAMMAL ILLATH SREEDEVI AMMA MURALI NILAYAM, NEAR MADAYIKKAVU,
     PAZHAYANGADI P.O., KANNUR, PIN - 670303
 11. ITTAMMAL ILLATH MANIKANTAN MURALI NILAYAM, NEAR MADAYIKKAVU,
     PAZHAYANGADI P.O., KANNUR - , PIN - 670303
 12. ITTAMMAL ILLATH DHANALAKSHMI, MURALI NILAYAM, NEAR MADAYIKKAVU,
     PAZHAYANGADI P.O., KANNUR - , PIN - 670303
 13. ITTAMMAL ILLATH USHA MURALI NILAYAM, NEAR MADAYIKKAVU, PAZHAYANGADI
     P.O., KANNUR - , PIN - 670303
 14. ITTAMMAL ILLATH SUDHA, MURALI NILAYAM, NEAR MADAYIKKAVU,
     PAZHAYANGADI P.O., KANNUR - , PIN - 670303
 15. ITTAMMAL ILLATH MURALIKRISHNAN MURALI NILAYAM, NEAR MADAYIKKAVU,
     PAZHAYANGADI P.O., KANNUR - , PIN - 670303
 16. M.P.JAYASREE AMRUTHAM, NEAR KOTTAYKKAN PEEDIKA, P.O.CHALAD, KANNUR -
     , PIN - 670004
 17. VAIJULAL K.K S/O K.V.GOPALAN, LALVIHAR, KELOTH, P.O., PAYYANUR,
     KANNUR - , PIN - 670307
 18. SHAHANAS B.S. D/O IBRAHIM, JAMEELA MANZIL, PULLANHIDAM,
     P.O.PAZHAYANGADI, KANNUR - , PIN - 670303
 19. ADDL.R19 ABDULLA KOVATH, AGED 37 YEARS, S/O ABDUL KADAR, RESIDING AT
      AMMER MANZIL, KANNAPURAM AMSAM DASAM, CHERUKUNNU.P.O, KANNAPURAM,
     KANNUR, 670301. [ADDL.R19 IS IMPLEADED AS PER ORDER DATED 05.04.2024
     IN I.A-2/2024 IN WP(C) 40955/2023]


      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 all further proceedings in S.M.No. 79/2013,
S.M.No.80/2013,    S.M.No.19/2021,    S.M.No.92/2020,   S.M.No.74/2021,
S.M.No.139/2022 and S.M.No.50/2021 pending disposal of the above Writ
Petition (Civil) in the interest of justice.

     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
10.03.2025 and upon hearing the arguments of SRI.MAHESH V.RAMAKRISHNAN,
Advocate for the petitioner, SENIOR GOVERNMENT PLEADER for R1 to R5 (By
Order), STANDING COUNSEL for R6 & R7 (By Order), COUNSEL for R8 (By
Order), M/S. M.K.SUMOD, VIDYA M.K, RAJ CAROLIN V & THUSHARA.K Advocates
for R10, R13 & R14, SRI. BIJU.P.N., Advocate for the Additional Respondent
No.19, and of Advocate General along with Special Government Pleader ,
the Court passed the following:
 Con.Case (C) No.75 of 2025 &
con.cases                            1

       ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
   ------------------------------------------------------------------
      W.P.(C)No.8851 of 2020, W.P.(C)No.40955 of 2023,
       W.P.(C)No.45390 of 2024, W.P.(C)No.539 of 2025,
                       D.B.P.No.7 of 2025 and
   Con.Case (C) No.75 of 2025 in W.P.(C)No.26090 of 2024
  ---------------------------------------------------------------
              Dated this the 20th day of March, 2025

                                ORDER

Anil K. Narendran, J.

On 28.02.2025, when Con.Case (C) No.75 of 2025 arising out of

the judgment dated 30.07.2024 in W.P.(C)No.26090 of 2024 came up

for consideration, this Court passed a detailed order, after taking note

of the law laid down in various decisions, including that laid down in

Jayaprakashan K. v. State of Kerala and others [2023 (3) KHC

SN 14: 2023 (3) KLT 541]. Paragraph 4 of that order (without quoting

paragraphs 4 to 11 of Annexure-A1 judgment) and paragraphs 10 to 13

read thus:

"4. Annexure A1 judgment of this Court is one rendered after taking note the decisions in Prayar Gopalakrishnan and another v. State of Kerala and others [2018 (1) KHC 536], etc. and also the decision of the Apex Court in A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482] and also the law laid down by this Court in Jayaprakashan K. v. State of Kerala and others [2023 (3) KHC SN 14 : 2023 (3) KLT 541].

10. After referring to the averments in paragraphs 5 to 7 of the affidavit dated 10.02.2025, the respondent would submit that though he has recorded on the order sheet of S.M.Proceedings No.115 of 2017 that S.M.Case is allowed on 27.12.2024, he has not passed a final order in the above matter. The reports referred to by the Devaswom were Con.Case (C) No.75 of 2025 &

received in the office of the Land Tribunal, Kannur even before he took charge as Deputy Collector (LR).

11. The averments in the affidavit dated 10.02.2025 filed by the respondent and also the submissions made by the respondent in Court would make it explicitly clear that the respondent has made an attempt on 27.12.2024 to dispose of S.M.Proceedings No.115 of 2017 openly flouting the directions contained in Annexure A1 judgment of this Court dated 30.07.2024 in W.P.(C)No.26090 of 2024 and also the law laid down by this Court in Jayaprakashan K. [2023 (3) KHC SN 14].

12. From the submissions made by the respondent, who is personally present in Court, we notice that the officer has no idea about the directions contained in the judgment of this Court in Jayaprakashan K. [2023 (3) KHC SN 14] and that contained in Annexure A1 judgment. The submission of the respondent is that making an attempt to study the provisions under the Kerala Land Reforms Act.

13. Section 99 of the Act deals with constitution of Land Tribunal. As per sub-section (1) of Section 99, the Government may, by notification in the Gazette, constitute one or more Land Tribunal or Land Tribunals for any area or for any class or cases specified in the notification, for the purpose of performing the functions of the Land Tribunal under the said Act. As per sub-section (2) of Section 99, the Land Tribunal shall consist of a sole member, who shall be a judicial officer of the rank of a Munsiff or an officer not below the rank of Tahsildar, appointed by the Government."

2. On 10.03.2025 when these matters came up for

consideration, the learned Special Government Pleader submitted that

the files have already been placed for consideration of the learned Con.Case (C) No.75 of 2025 &

Advocate General.

3. Today, when these matters are taken up for consideration,

the learned Advocate General made submissions along with the learned

Special Government Pleader. The learned Advocate General has made

available for the perusal of this Court a copy of Government Order, i.e.,

G.O.(Rt.)No.672/2024/RD dated 20.03.2025, whereby the officer, who

is arrayed as the respondent in Con.Case (C)No.75 of 2025 has already

been transferred from the Land Tribunal, Kannur and another officer has

been posted in his place.