Kerala High Court
Chirakkal Kovilakam 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. 45390 OF 2024 (W)
PETITIONER:
CHIRAKKAL KOVILAKAM DEVASWOMS, REPRESENTED BY ITS EXECUTIVE OFFICER,
P.O. CHIRAKKAL, KANNUR, PIN - 673 620
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 COLLECTORATE , CIVIL STATION, KANNUR PO,
KANNUR DISTRICT, PIN - 670002
6. THE DEPUTY COLLECTOR(LR) KANNUR, LAND TRIBUNAL, CIVIL STATION,
KANNUR, PIN - 670002
7. THE DEPUTY COLLECTOR(RR) KANNUR, LAND TRIBUNAL, CIVIL STATION,
KANNUR, PIN - 670002
8. THE DEPUTY COLLECTOR(DM), KANNUR, LAND TRIBUNAL, CIVIL STATION,
KANNUR, 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
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.P3 Circular/Order and all proceedings pursuant
thereto, 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, GOVERNMENT PLEADER for R1 to R8 and of
STANDING COUNSEL for R9 & R10, the court passed the following:
Con.Case (C) No.75 of 2025 &
con.cases 1
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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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.
4. The learned Advocate General would also submit that the
observations made by this Court in the order dated 28.02.2025 shall be
brought to the notice of the Government. The learned Advocate General
seeks a posting on 10.04.2025.
List on 10.04.2025.
The learned Special Government Pleader seeks time to get
instructions in I.A.No.1 of 2025.
List on 10.04.2025.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
DSV/-P
20-03-2025 /True Copy/ Assistant Registrar
