IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 DBP.No. 44 of 2009() ------------------------------ (IN THE MATTER OF COCHIN DEVASWOM BOARD- ENCROACHMENT UPON DEVASWOM LAND-CDB REPORT NO.112/2009 SUBMITTED BY OMBUDSMAN-SUO MOTU PROCEEDINGS INITIATED- REGARDING). .................. PARTIES:- --------------- 1. THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. BY ADV. MR.N. REGHURAJ, SC, CDB. 2. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. 3. THE REGIONAL MANAGER, KERAFED, CENTRAL RANGE, REGIONAL OFFICE, VYTTILA, KOCHI. BY ADV. MR.P.M.MOHAMMED SHIRAZ, SC, KERAFED. 4. THE SECRETARY, CORPORATION OF COCHIN, KOCHI. SRI.KRISHNAKUMAR MANGOT FOR AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Thottathil B.Radhakrishnan & P.Bhavadasan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = D.B.P.No.44 of 2009 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of September, 2010. Order Thottathil B.Radhakrishnan, J. The learned Senior Government Pleader states that the land involved in this DBP is actually the land belonging to the CDB and it is included in the Thandaper register as belonging to Vyttila Devaswom. The KERAFED appears to be having a building and is stated to be in possession. It is unnecessary for this Court to resolve rival claims of possession or title. The anxiety at this point of time for the CDB is only regarding the compensation that may be payable at some point of time, if at all the land is acquired for any public purpose. We also record the statement of KERAFED that it is prepared to give back the property to the CDB provided it is appropriately DBP44/09 -: 2 :- identified and value of the improvements paid to KERAFED. This DBP is closed without prejudice to contentions of parties elsewhere, if it becomes necessary and also without prejudice to the CDB and the KERAFED settling the issue outside court. Thottathil B.Radhakrishnan, Judge. P.Bhavadasan, Judge. Sha/0709