IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 13298 of 2007(G) -------------------------- PETITIONERS: --------------- 1. CHANDRASEKHARA KURUP K.P., MUNDACKAL, PULINKUNNU VILLAGE, ALAPPUZHA DISTRICT. 2. M.C.SIVADAS, NADUVILE VEEDU, PULINKUNNU VILLAGE, ALAPPUZHA DISTRICT. BY SRI.K.GOPALAKRISHNA KURUP,SENIOR ADVOCATE ADV. SRI.S.MANU RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DISTRICT COLLECTOR, DISTRICT COLLECTORATE, ALAPPUZHA - 688 001. 3. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM - 695 001. 4. SIVAN PILLAI, KOYICKAL PEEDIKA, PULINKUNNU, ALAPPUZHA - 688 001. 5. M.K.VILASINIAMMA, R.K.SADANAM, PULINKUNNU, ALAPPUZHA - 688 001. 6. SUBASH, KADANKATH VEEDU, PULINKUNNU, ALAPPUZHA - 688 001. WP(C).No. 13298 of 2007(G) ADDL. 7. GANGADHARA KURUP, PATHINANCHIL VEETTIL, PULINKUNNU P.O., ALAPPUZHA - 688 001. 8. KRISHNAKUMAR, KOICKALCHIRA, PULINKUNNU P.O., ALAPPUZHA - 688 001. 9. VIJAYAN PILLAI, KOICKALCHIRA, PULINKUNNU P.O., ALAPPUZHA - 688 001. 10. HARIDAS, KOICKALCHIRA, PULINKUNNU P.O., ALAPPUZHA - 688 001. 11. CHELLAPPAN PILLAI, KOICKALCHIRA, PULINKUNNU P.O., ALAPPUZHA - 688 001. 12. RADHAMANIAMMA, MATTAKKAD, PULINKUNNU P.O., ALAPPUZHA - 688 001. 13. MOHANDAS, MATTAKKAD, PULINKUNNU P.O., ALAPPUZHA - 688 001. 14. PADMANABHA PILLAI, MATTAKKAD, PULINKUNNU P.O., ALAPPUZHA - 688 001. 15. THE SPECIAL TAHSILDAR, LAND CONSERVANCY UNIT, TRAVANCORE DEVASWOM BOARD, NANTHENCODE, THIRUVANANTHAPURAM - 695 001. (ADDL.R7 TO R15 IMPLEADED AS PER ORDER DT.14.09.2010 IN IA. 14942/2009). R1 & R2 BY SENIOR GOVT. PLEADER, SRI.R.LAKSHMI NARAYANAN R4 BY ADV. SRI.C.A.RAJEEV SRI.M.SUNILKUMAR SRI.T.K.VENUGOPALAN FOR R5 SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R3 SRI.NAGARAJ NARAYANAN, SC, TDB FOR R3 SRI.S.BIJU (KIZHAKKANELA) FOR ADDL.R8 TO R10 SRI.S.SANAL KUMAR FOR R13 SMT.BHAVANA VELAYUDHAN FOR R13 SRI.KRISHNAKUMAR MANGOT,AMICUS CURIAE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13298 OF 2007 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF PROCEEDINGS NO.R.DIS.29608/BB DATED 18.6.2009 OF DISTRICT COLLECTOR, ALLEPPEY EXT.P2 TRUE COPY OF THE CERTIFICATE NO.407/07 DATED 3.4.2007 OF THE VILLAGE OFFICER EXT.P3 TRUE COPY OF THE LETTER NO.36007/A2/99/REVENUE DATED 15.6.99 SENT BY SPECIAL SECRETARY, REVENUE DEPARTMENT TO THE DISTRICT COLLECTOR, ALAPPUZHA EXT.P4 TRUE COPY OF LETTER DATED 17.2.2000 SENT BY DEVASWOM COMMISSIONER TO THE DISTRICT COLLECTOR. RESPONDENTS EXHIBITS: EXT.R3(A) TRUE COPY OF THE PETITION DATED 30.10.2007 EXT.R4(A) TRUE COPY OF ORDER PASSED BY THE APPELLATE AUTHORITY (LR) ALAPPUZHA DATED 3.12.2003 EXT.R4(B) TRUE COPY OF THE JUDGMENT PASSED BY THE ADDITIONAL MUSNIFF ALLEPPEY IN OS NO.794/1971 DATED 20.3.1975 EXT.R4(C) TRUE COPY OF THE JUDGMENT IN CMA NO.2/1999 PASSED BY THE ADDITIONAL SUB JUDGE, ALAPPUZHA DATED 20.11.1999 EXT.R4(D) TRUE COPY OF THE JUDGMENT IN OS NO.883/1998 PASSED BY THE PRINCIPAL MUNSIFF, ALAPPUZHA DATED 6.6.2001 EXT.R4(E) TRUE COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN OP NO.9435/1999 DATED 10.7.2001 EXT.R4(F) TRUE COPY OF THE JUDGMENT PASSED BY THE ADDITIONAL MUNSIFF ALAPPUZHA IN OS NO.876/1998 DATED 29.2.2000 EXT.R4(G) TRUE COPY OF THE FIRST INFORMATION REPORT DATED 26.3.2007 EXT.R5(A) TRUE COPY OF THE ORDER DATED 29.7.2004 IN DBA 9 OF 2003 OF THIS HON'BLE COURT EXT.R5(B) TRUE COPY OF THE CERTIFICATE OF PURCHASE OF THE LAND TRIBUNAL, VELIYANAD, DATED 4.3.1975 EXT.R5(C) TRUE COPY OF THE SALE DEED NO.3537 OF 2004 DATED 22.9.2004 EXT.R5(D) TRUE COPY OF THE ORDER NO.K.DIS.1410/96 DATED 28.3.96 OF THE REVENUE DIVISIONAL OFFICER, ALAPPUZHA. / TRUE COPY/ THOTTATHIL B. RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------ WP(C).NO.13298 OF 2007 ------------------------------------------ Dated this the 2nd day of February, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. This Writ Petition relates to complaints about unauthorised occupation on certain properties of the Cheruvallikavu Devi Temple. Report No.128 of 2009 dated 21.10.2009 was placed by the learned Ombudsman. Considering that report, we had issued an order dated 16.11.2010 accepting the submission of the parties that the matter may again gain the attention of the learned Ombudsman, in view of the consent being expressed by some of the parties for transfer of possession of certain properties. Following that, the learned Ombudsman heard the parties. The learned Ombudsman has recorded the consent expressed by different private respondents. One Sasidharan Nair was also present before the learned Ombudsman on 6.10.2010. He is in occupation of some land of the temple. He has also placed his consent before the learned Ombudsman. With all these, the question of surrender of land agreed to be surrendered to give a quietus to this litigation is coming for our consideration. All that now remains is for the Special Tahsildar, Land Conservancy Unit, Travancore Devaswom Board and the Land Special officer of the Travancore Devaswom Board to take necessary steps for giving effect WP(C).13298/07 2 to the consensus and the views expressed in the learned Ombudsman's report. The Board and its Secretary are duty bound to ensure that this happens in a time bound manner. We, therefore, allow this Writ Petition as follows: (1) The Travancore Devaswom Board, its Secretary, the Land Special Officer and the Special Tahsildar, Land Conservancy Unit shall take immediate steps to take over possession of the lands covered by the consent expressed by the different persons before the learned Ombudsman as recorded in Report No.128 of 2009 and Report No.1 of 2011. (2) Since such consent by different persons relate only to some of the different parcels in the occupation of strangers, the Special Tahsildar, Land Conservancy Unit and the Land Special Officer will ensure that steps are initiated under the Land Conservancy Act against other persons, who continue to be in occupation and law has to take its course, necessarily, by looking into also, the different aspects of objections, if any. Let that exercise be carried out and completed within a time limit of eight months from today, without fail. WP(C).13298/07 3 We clarify that we have not expressed anything on the merits of the claim or objection relating to persons who have not given consent. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE Sd/- P.S.GOPINATHAN, JUDGE vgs. /true copy/ PS TO JUDGE