IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 DBP.No. 76 of 2009() -------------------- PARTIES: -------------------- 1. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 2. THE STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. PARTY 1 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC FOR TDB PARTY 2 BY G.P. SRI.LAKSHMI NARAYAN SRI.KRISHNAKUAMR MANGOT, AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... D.B.P. No.76 of 2009 .................................................................... Dated this the 4th day of February, 2010. JUDGMENT Ramachandran Nair, J. The Travancore Devaswom Board has approached the Ombudsman complaining that the temple lands are being proposed to be taken over by the Government without giving compensation for the reason that the land is Revenue Puramboke. Government Pleader submitted that as of now the land proposed to be taken is in Trivandrum for widening of a road. Road widening certainly is a public purpose. However, we do not think Devaswom could be deprived of the land without giving compensation under the Land Acquisition Act. If the Government needs any land which is in the possession of the Travancore or Cochin Devaswom Board for construction of road or any public purpose, it would be open to the Government to move an application before this court so that we could find a solution without any delay. We direct the Government not to dispossess or take over any land under the possession of any temple 2 under the Travancore or Cochin Devaswom Board except in accordance with the procedure prescribed under the Land Acquisition Act or under the orders of this court. Even if there is a dispute as to whether the land is Revenue Puramboke or Devaswom Puramboke, we feel Government should not be the authority to decide the matter because under Section 27 of the Travancore-Cochin Hindu Religious Institutions Act, 1950, the properties in the possession of the Devaswom shall be deemed to be Devaswom properties. It would be open to the Government to raise any such question about it's title or any land possessed by Devaswom, before this court for early settlement of dispute. Since our above order is comprehensive to cover every situation, the D.B.P. is closed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms