[Cites 2, Cited by 0]
Kerala High Court
Chirackal Kovilakom Devaswoms vs State Of Kerala on 9 January, 2026
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
WP(C) No. 20551 of 2025 2026:KER:1398
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
FRIDAY, THE 9TH DAY OF JANUARY 2026 / 19TH POUSHA, 1947
WP(C) NO. 20551 OF 2025
PETITIONER:
CHIRACKAL KOVILAKOM DEVASWOMS
REPRESENTED BY ITS EXECUTIVE OFFICER,
P.O. CHIRAKKAL, KANNUR -, PIN - 670011
BY ADV.
SRI.MAHESH V RAMAKRISHNAN
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 DEPUTY COLLECTOR (LR)
KANNUR, LAND TRIBUNAL, CIVIL STATION,
KANNUR -, PIN - 670002
WP(C) No. 20551 of 2025 2026:KER:1398
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5 MALABAR DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX,
P.O. ERAHNIPALAM, KOZHIKODE -, PIN - 673006
6 THE COMMISSIONER
MALABAR DEVASWOM BOARD HOUSEFED COMPLEX,
P.O. ERAHNIPALAM, KOZHIKODE -, PIN - 673006
7 KAMACHI SUGUNAN
S/O KUNHIRAMAN, AGED 65 YEARS,
RESIDING AT KAMACHI HOUSE, KARIKKINKALAM,
PAPPINISSERY P.O., KANNUR -, PIN - 670561
8 RAMANI .P
D/O KUNHAPPA, AGED 54 YEARS, VELLIKKOL HOUSE,
KOOVODE P.O., KUTTIKKOL, TALIPARAMBA,
KANNUR -, PIN - 670143
9 GANGA P.V
D/O CHERIYA KUNHIRAMAN, AGED 54 YEARS, PADAVIL
HOUSE, P.O.PATTUVAM, KANNUR, PIN - 670143
BY ADVS.
SRI. S. RAJMOHAN, SENIOR GOVERNMENT PLEADER
SMT. R. RANJANIE, SC, MDB
SHRI.ASWANTH P.T.
SHRI.MANUEL P.J.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 09.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 20551 of 2025 2026:KER:1398
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JUDGMENT
Raja Vijayaraghavan V, J.
This Writ Petition has been instituted by the Executive Officer of the
Chirackal Kovilakom Devaswom, aggrieved by the proceedings issued by
the Land Tribunal, arrayed as the 4th respondent herein. The petitioner
contends that the Land Tribunal concluded the proceedings in S.M. No.
326/2004, S.M. No. 25/2020 and S.M. No. 26/2020 by merely recording the
outcome as "Allowed," without passing any reasoned or speaking orders. It
is specifically alleged that such disposal was effected in blatant disregard of
the mandatory provisions of the Kerala Land Reforms Act, 1963, and in
clear violation of the binding directions issued by this Court in
Jayaprakashan K. v. State of Kerala1. It is on the aforesaid grounds that
the present Writ Petition has been filed, seeking the following reliefs:
"(i)To issue a Writ of Certiorari or any other appropriate Writ,
order or direction, to call for the entire records culminated in the single
word order 'Allowed' in Ext.P3 proceedings in SM No.326/2004,
Ext.P7 proceedings in S.M. No.25/2020 and Ext.P9 proceedings in
S.M. No.26/2020 on the file of the 4th Respondent land Tribunal and
to quash the same;
(ii) To issue a Writ of Mandamus or any other appropriate Writ,
order or direction, directing that the Respondent No.4 to reconsider
SM No.326/2004, S.M. No.25/2020 and S.M. No.26/2020 by
following the relevant provisions of the Kerala Land Reforms Act,
1963, by following the specific guidelines issued in Jayaprakashan K.
v State of Kerala (2023(3) KLT 541) and to pass orders after affording
opportunity of being heard to the petitioner and other stake holders."
(2023 (3) KLT 541)
WP(C) No. 20551 of 2025 2026:KER:1398
2. The learned Government Pleader was directed to obtain
instructions in the matter.
3. When the matter was taken up today, the learned Government
Pleader submitted that, upon verification, it was found that although the
docket sheets record that the petitions were "allowed," there are no
corresponding reasoned orders passed by the Land Tribunal. It was further
submitted that, in view of this factual position, the respondents have no
objection to the Writ Petition being allowed, with a specific direction to the
4th respondent to reconsider the aforesaid suo motu proceedings by strictly
adhering to the guidelines issued by this Court in Jayaprakashan K.
(supra).
4. Having perused the records, we find considerable merit in the
contention advanced by the petitioner. The learned Government Pleader also
does not dispute the legal position. In these circumstances, we are of the
considered view that the Writ Petition deserves to be allowed.
5. Accordingly, Exts.P3, P7 and P9 proceedings on the files of the
4th respondent are hereby set aside. The 4th respondent is directed to
reconsider the matter after issuing due notice to the petitioner and all
affected parties, and to pass reasoned orders in strict conformity with the
directions issued by this Court in Jayaprakashan K (supra). Such orders
shall be passed expeditiously, preferably within a period of six months from
the date of receipt of a copy of this judgment.
WP(C) No. 20551 of 2025 2026:KER:1398
This Writ Petition is disposed of as above.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
BR
WP(C) No. 20551 of 2025 2026:KER:1398
APPENDIX OF WP(C) NO. 20551 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SCHEME OF
ADMINISTRATION DATED 29.05.1972 OF THE
PETITIONER TEMPLE
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED
13-04-2023 IN W.P.(C) NO.8851 OF 2020
(REPORTED AS 2023 KHC 327) OF THIS
HON'BLE COUTR
Exhibit P3 TRUE COPY OF THE PROCEEDINGS SHEET/ORDER
SHEET OF SM NO.326/2004, DATED NIL
(RELEVANT PAGES ONLY)
Exhibit P4 TRUE COPY OF THE REGD RELEASE DEED
NO.507 OF 1951, S.R.O., PAZHAYANGADI
DATED 08-03-1951 EXECUTED BY APPA NAIR
IN FAVOUR OF KIZHAKKEEL KAMMARAN
Exhibit P5 TRUE COPY OF THE LAND TAX RECEIPT DATED
23-05-2025 ISSUED BY THE VILLAGE
OFFICER, MADAYI
Exhibit P6 TRUE COPY OF THE PETITION DATED
12-03-2025 (FILED ON 13-03-2025)
SUBMITTED BY THE PETITIONER IN SM
Exhibit P7 TRUE COPY OF THE PROCEEDINGS SHEET/ORDER
SHEET OF SM NO.25/2020, DATED NIL
Exhibit P8 TRUE COPY OF THE PETITION DATED
12-03-2025 (FILED ON 13-03-2025)
SUBMITTED BY THE PETITIONER IN SM
Exhibit P9 TRUE COPY OF THE PROCEEDINGS SHEET/ORDER
SHEET OF SM NO.26/2020, DATED NIL
Exhibit P10 TRUE COPY OF THE INTERIM ORDER DATED
OF 2025 OF THISHON"BLE COURT.
Exhibit P11 TRUE COPY OF THE COMPLAINT DATED
30-01-2025 SUBMITTED BY THE HEREDITARY
TRUSTEE OF CHIRACKAL KOVILAKAM DEVASWOMS
BEFORE THE DEPUTY SUPERINTENDENT OF
POLICE, VIGILANCE AND ANTI CORRUPTION
BUREAU, KANNUR
