IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.S.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 4TH JULY 2007 / 13TH ASHADHA 1929 OP.No. 6959 of 2000(C) ------------------------- PETITIONER: ------------- SHRI T.P. VELAYUDHAN, S/o LATE THUMBAN PAPPU XI/207, THUMBAN HOUSE, MANATHALA, CHAVAKKAD, TRICHUR DISTRICT (DIED) SUPPLEMENTAL PETITIONERS: 2. T.V. CHANDRAN AGED 59 YEARS, S/o LATE T.P.VELAYUDHAN THUMBAN HOUSE, MANATHALA, CHAVAKKAD, THRISSUR DISTRICT 3. T.V. SREENIVASAN, AGED 56 YEARS, S/o LATE T.P. VELAYUDHAN SREE BHAVAN, THUMBAN HOUSE, MANATHALA, CHAVAKKAD THRISSUR DISTRICT 4. INDIRA RAVINDRAN, AGED 53 YEARS, D/o LATE T.P.VELAYUDHAN THUMBAN HOUSE, MANATHALA, CHAVAKKAD, THRISSUR DISTRICT 5. GEETHA RAGHAVAN, AGED 46 YEARS, W/o LATE T.V. RAGHAVAN THUMBAN HOUSE, MANATHALA, CHAVAKKAD, THRISSUR DISTRICT 6. VASANTHI VIJAYAN, AGED 45 YEARS, D/o LATE T.P. VELAYUDHAN KADUVUNGASSERI, PALLIPORT P.O. ERNAKULAM DISTRICT 7. T.V. BABURAJ, AGED 43 YEARS, S/o LATE T.P.VELAYUDHAN THUMBAN HOUSE, MANATHALA, CHAVAKKAD, THRISSUR DISTRICT 8. SUJITHA D/o LATE RAGHAVAN, THUMBAN HOUSE, MANATHALA, CHAVAKKAD, THRISSUR DISTRICT 9. SAJITHA D/o LATE RAGHAVAN, THUMBAN HOUSE, MANATHALA, CHAVAKKAD THRISSUR DISTRICT BY ADVS. SRI.P.N.KRISHNANKUTTY ACHAN(SR.) AND SRI K. MOHANAKANNAN RESPONDENTS: ----------------- 1. THE DISTRICT COLLECTOR, TRICHUR 2. ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR 3. THE TAHSILDAR, CHAVAKKAD TALUK, CHAVAKKAD, TRICHUR DISTRICT 4. THE VILLAGE OFFICER, MANATHALA, CHAVAKKAD, TRICHUR DISTRICT R1 BY GOVT. PLEADER SRI BENNY GERVASIZ R2 BY ADV. SRI U.K. RAMAKRISHNAN, STANDING COUNSEL BY ADV. SMT.T.D.RAJALAKSHMI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 26/06/2007, THE COURT ON 04/07/2007 DELIVERED THE FOLLOWING: OP 6959/2000 1 K.S. RADHAKRISHNAN & ANTONY DOMINIC, JJ. --------------------------------------------------------------------------- O. P. No 6959 of 2000 -------------------------------------------------------------------------- Dated: 4th July 2007 JUDGMENT Radhakrishnan,J. Challenge in this writ petition is against Ext. P15 order passed by the District Collector on 09.02.2000 ordering eviction of the petitioners in exercise of the powers conferred on him under Section 28-A of the Guruvayoor Devaswom Act, 1978. 2. Guruvayoor Devaswom stated that it has got proprietory right over the land comprised in survey number S. 288/IAI and 289/2 of Manathala village, Chavakkad taluk, Trichur district as per document number 190/64 dated 24.02.1964 of Sub Registry Office, Chavakkad known as Dwaraka Beach. Petitioner's predecessor-in-interest had encroached upon the devaswom land and constructed buildings. In the light of the report of the Special Commissioner appointed by this court, a Division Bench of this court in O.P. No 2071 of 1993 on 10.01.1994, ordered eviction of the encroachment at the Dwaraka beach. In compliance with the direction of this court Guruvayoor OP 6959/2000 2 Devaswom had requested the District Collector to take steps for evicting the encroachers under Section 28 (2) of the Guruvayoor Devaswom Act. On the basis of the request made by the Devaswom, District Collector took steps to evict the encroachers. The action of the District Collecltor was then challenged in O.P. No 19501 of 1999 which was disposed of by this court by judgment dated 19.08.1999 directing the authorities to issue notice to the encroachers and to give them an opportunity of being heard before they are evicted from the premises. Consequently notice was issued to the encroachers and the Collector passed the impugned order on 09.02.2000. Son of late Velayudhan appeared before the District Collector and he was heard. It was noticed that the encroachers could not produce any evidence regarding their title to the land; nor have they produced any pattayam or other documents. Some basic tax receipts were produced which were not accepted by the District Collector. District Collector was convinced that it was encroachment and therefore ordered eviction of the encroachers. Aggrieved by the same this original petition has been preferred. 3. Ext. R2(a) document would clearly show that Guruvayoor Devaswom has got title over the property in question and that the OP 6959/2000 3 petitioners are encroachers of the property in question. Section 28 of the Guruvayoor Devaswom Act enables the Committee of the Devaswom to recover the immovable property with the intervention of the District Collector. The said provision is extracted below for easy reference. “28. Committee to be in possession of Devaswom properties. - (1) The Committee shall be entitled to take and be in possession of all movable and immovable properties including jewelleries, records, documents and other assets belonging to the Devaswom. (2) If in obtaining such possession, the Committee or any person authorised in this behalf by the Committee, or the Administrator, is resisted or obstructed by anyone, the Committee or the Administrator, as the case may be, may make a requisition in the prescribed form to the Collector of the district in which any such property in situate to deliver possession thereof to the Committee or the Administrator, as the case may be. (3) Where a requisition is made to the Collector under sub-section (2) the Collector shall hold a summary inquiry, into the facts of the case and, if satisfied that the resistance or obstruction was without any just cause, shall comply with the said requisition; and in exercising the powers under this section, the Collecltor may use such force as may be necessary. (4) Every person authorised by the committee or acting under its instructions in pursuance of this section or; the Administrator shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860). OP 6959/2000 4 (5) Nothing contained in this section shall bar the institution of a suit by any person aggrieved by an ordermade thereunder for establishing his title to the property.” Proceedings were earlier initiated against the encroachers invoking the above mentioned statutory provision but without notice. This court set aside the said order and directed the authorities to issue notice to the encroachers. Notices were issued to them. They were heard and the District Collector was convinced that petitioners are encroachers over the Devaswom property and they are ordered to be evicted. District Collector as per Section 28 is expected to conduct only summary enquiry which he has done and on the basis of materials it was found that Devaswom land has been encroached upon. In such circumstances, we find no infirmity in the order passed by the District Collector. The original petition lacks merits and the same would stand dismissed. Sd/- K.S. RADHAKRISHNAN Judge Sd/- ANTONY DOMINIC Judge 04/07/2007 en [true copy] OP 6959/2000 5 APPENDIX Petitioner's exhibits: Ext.P1 - True copies of proceedings No BA 31/7374 dated 30.6.1973 issued by the Executive Officer, Chavakkad Panchayat Ext.P1(a) - True copy of the notice dated 9.1.1976 issued by the Taluk Office. Ext.P1(b) - True copy of the assessment order issued by the 3rd respondent to the petitioner. Ext.P2 - True copy of the assessment register of the Chavakkad Panchayat Ext.P3 - True copy of the earlier receipt dated 3.3.1976 for property tax issued by the Chavakkad Panchayat Ext.P3(a) - True copy of the property tax receipt dated 5.12.1978 issued by the Municipality Ext.P3(b) - True copy of the property tax receipt dated 14.2.1996 issued by the Chavakkad Municipality Ext.P3 (c) - True copy of the property tax receipt issued by the Chavakkad Municipality dated 10.7.1998 Ext.P4 - Photographs of the petitioner's pucca residential house. Ext.P5 - True copy of land revenue receipt dated 9.1.1974 obtained by the petitioner. Ext.P5(a) - True copy of land revenue receipt dated 18.3.1997 obtained by the petitioner. Ext.P6 - True copy of the complaint given by the petitioner dated 5.7.1999 before the District Collector. Ext.P7 - True copy of the certificate dated 20.01.1967 issued by the Director of Fisheries to eldest son of the petitioner. Ext.P8 - True copy of the certificate dated 26.09.1969 issued by the ALP School Manathala tot he second son of the petitioner. Ext.P9 - True copy of the third page of the SSLC book dt 22.3.1968 of third son of the petitioner Ext.P10 - True copy of the relevant page of SSLC book of the youngest son of the petitioner. Ext.P11 - True copy of the order of this court dated 19.8.1999 in OP 19501/99 OP 6959/2000 6 Ext.P12 - True copy of the hearing notice issued by the first respondent to the petitioner Ext,.P13 True copy of the authorisation issued by the petitioner to his son Ext.P14 - True copy of the list of the documents produced by the petitioner's son before the District Collector. Ext.P15 - True copy of the order of the District Collector dated 9.2.2000 to the petitioner. Ext.P16 - Postal cover Respondent's exhibits: Ext R2(a) - True copy of the doucment No 190/64 dated 24.2.1964 of the Sub Registry office, Chavakkad [true copy]