IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 DBP.No. 43 of 2011() ------------------------------ IN THE MATTER OF COCHIN DEVASWOM BOARD-LAND BELONGING TO DEVASWOM TRESPASSED BY STRANGERS-CDB-REPORT NO.43/2011 SUBMITTED BY THE OMBUDSMAN-SUO-MOTU PROCEEDINGS INITIATED. ................ COMPLAINANT: ---------------------- P.T. KANAKARN KURUPPATH, PALLISSERI, ARATTUPUZHA, THRISSUR & OTHERS BY RESPONDENT(S): -------------------------- 1. COCHIN DEVASWOM BOARD, REPRESENTED BY THE SECRETARY, THRISSUR. 2. THE SPECIAL TAHSILDAR, COCHIN DEVASWOM BOARD, THRISSUR. 3. THE DISTRICT COLLECTOR, THRISSUR. 4. THE REVENUE DIVISIONAL OFFICER, THRISSUR. R1 BY ADV. MR.C.E. UNNIKRISHNAN, SC, CDB. R2 TO R4 BY SR. GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. ADV. MR.KRISHNAKUMAR MANGOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- D.B.P.No.43 OF 2011 ------------------------------------ Dated this the 10th day of August, 2011 O R D E R Thottathil B.Radhakrishnan,J. 1.We have perused the report of the learned Ombudsman. Heard learned standing counsel for the Cochin Devaswom Board, learned senior Government Pleader and the learned Amicus Curiae on behalf of the learned Ombudsman. 2.The complaint placed before the learned Ombudsman by Sri.P.T.Kanakan and others is quite serious. The land belonging to CDB is allegedly trespassed upon by strangers after getting the survey numbers corrected and getting documents from the then Devaswom officer. There are allegations of collusion between persons who were arrayed as members of the Temple Advisory Committee. The vigilance enquiry is also unfortunately held up because there is no DBP.43/11 2 proper liaisoning between the different officers in the revenue department in the district. The statements in paragraphs 2 and 3 of the report of the learned Ombudsman, dated 21.3.2011, is appreciated. 3.As per letter dated 8.9.2010, the Special Tahsildar had informed the Vigilance Officer of the CDB that as per the thanathu register of Devaswom, the Pallisseri Chittengara Sreekrishna Temple has 1.12 acres in old Sy.No.213 and 0.43 acre in Sy.No.215. But as per re-survey, this is reduced to 0.5455 hectres in re-survey No.31/3. The deficiency of 20 ½ cents upon re-survey can be traced out and restored only if measurements are taken on the basis of the old survey records. For such activity, permission of the District Collector is necessary. However, it is clear that the request of the Special Tahsildar does not appear to have gained attention of the superior officers. Learned Ombudsman is right in pointing out that there are similar other cases also in which the office of the District Collector does not respond to the request of the DBP.43/11 3 Special Tahsildar. When action is taken under the Land Conservancy Act, appeals are filed before the Revenue Divisional Officer and matters can be stayed and eviction is postponed indefinitely. The situation in hand may be the result of over burden of the District Collectors and the Revenue Divisional Officer. At the same time, we cannot ignore public need to have the matters sorted out within a reasonable time. Therefore, the staff manning the office of the District Collector and the RDO have necessarily to be told by their superior officers that action on such matters, including on any request for permission to conduct measurements in accordance with the old survey documents, are promptly attended to. We, therefore, direct the District Collector and the RDO, Thrissur to look into the matter and expedite the processing of requests in connection with survey and also as regards matters relating to appeals and other proceedings under the Land Conservancy Act. DBP.43/11 4 4.The District Collector, RDO and the Special Tahsildar are directed to measure out the property in question on the basis of the old records without relying on the re-survey records. For expeditious action in this regard, we direct that copy of the report of the learned Ombudsman appended hereto shall append to this order. A report in this regard shall be filed before the learned Ombudsman within a period of two months from now. The DBP is ordered accordingly, leaving open all other issues. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.11/8.