IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 DBP.No. 108 of 2011() -------------------- IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - ENCROACHMENT UPON DEVASWOM BOARD OF MANNURKAVU MAHATHEVAR TEMPLE - TDB - REPORT NO. 110/2011 - SUO - MOTU PROCEEDINGS INITIATED - REG. ........... COMPLAINANT : ------------------------- THE SECRETARY, TEMPLE ADVISORY COMMITTEE, MANNURKAVU MAHATHEVAR TEMPLE, EDAKKADAM, KADACKODU P.O., KOLLAM. BY RESPONDENT : ---------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY THE SECRETARY, NANTHENCODE, THIRUVANANTHAPURAM- 695 003. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM- 695 003. 3. THE LAND SPECIAL OFFICER, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM- 695 003. 4. THE SPECIAL TAHSILDAR, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM- 695 003. ...2/- DBP.No. 108 of 2011() -2- 5. THE MANAGER, SNG HIGH SCHOOL, KADACKODU P.O., KOLLAM. R1 TO R3 BY ADV. SRI.G.BIJU, SC, TDB R5 BY ADV. SRI.K.V.ANIL KUMAR BY ADV. SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE, OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn THOTTATHIL B.RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ----------------------------------- D.B.P.No.108 OF 2011 ------------------------------------ Dated this the 19th day of October, 2011 O R D E R Thottathil B.Radhakrishnan,J. Perused the report of the learned Ombudsman and the statement of the 5th respondent, with annexures. The controversy is that the 5th respondent is in possession of some extent of Devaswom land. The suggestion of the learned Ombudsman has resulted in the Board authorities issuing annexure R5(b) with two suggestions therein. As per annexure R5(c), the 5th respondent has accepted the second suggestion contained in annexure R5(b). Having heard learned counsel for TDB and the counsel for the 5th respondent, as also learned Amicus Curiae for the learned Ombudsman, we are satisfied that the stand taken by the 5th respondent accepting the second among the DBP.108/11 2 suggestions contained in annexure R5(b) communication of TDB is reasonable and is in the best interest of the Devaswom Board, the Devaswom land and the 5th respondent which is a school management. We, accordingly, grant sanction and approval for the Devaswom Board authorities and the 5th respondent to give effect to the second suggestion in annexure R5(b) letter dated 23.6.2011, issued by the Secretary of TDB with No.ROC.74/06/L. Let such transaction be completed within a period of one month from now. DBP ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- C.T.RAVIKUMAR, Judge. kkb.22/10.