IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 26504 of 2009(G) -------------------------- PETITIONER(S): --------------- P.VIDHYADARAN, AGED 63 YEARS, S/O.LATE SHRI.PADMANABHAN, MADATHIL CHANIYIL HOUSE THURAVOOR SOUTH P.O., CHERTHALA-688 532. BY ADV. SRI.T.R.JAGADEESH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE DEPUTY COLLECTOR (LR) ALAPPUZHA. 4. SPECIAL TAHSILDAR (LAND TRIBUNAL) CHERTHALA TALUK, CHERTHALA. 5. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 6. THE ADMINISTRATIVE OFFICER, THURAVOOR DEVASWOM, THURAVOOR-688 532. ADV. SRI.J.KRISHNA KUMAR,SC,TRAVANCORE DEVAS FOR R4,6 GOVERNMENT PLEADER, SHRI K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26504 of 2009(G) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE SALE DEED NO.986 DATED 12/03/1962 OF AROOKKUTTY SRO EXT.P2 TRUE COPY OF THE LETTER DATED 16/07/2007 SUBMITTED BY THE PETITIONER BEFORE THE DY.COLLECTOR (L&R) EXT.P3 TRUE COPY OF THE REPORT SUBMITTED BY THE VILLAGE OFFICER ALONG WITH THE MAHASSAR EXT.P4 TRUE COPY OF THE TAX RECEIPT 16/06/2007 EXT.P5 TRUE COPY OF THE REPORT NO.2400 DATED 17/12/2007 EXT.P6 TRUE COPY OF THE REPORT DATED 01/02/2008 ISSUED BY LAND SPECIAL OFFICER, TDB EXT.P7 TRUE COPY OF THE APPLICATION DATED 02/02/2009 SUBMITTED BEFORE THE HON'BLE OMBUDSMAN FOR THE TRAVANCORE DEVASWOM BOARD \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26504/2009-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of January, 2010 J U D G M E N T The petitioner is aggrieved by the delay on the part of the third respondent in taking a decision on the application for grant of Patta in respect of the property having an extent of 51 cents in Survey No.143/24 in Thuravoor South Village of Alappuzha District. It is the case of the petitioner that the aforesaid land was obtained by the parents of the petitioner as per Venpattom Agreement from the Thuravoor Devaswom managed by the Travancore Devaswom Board. There were various transactions and, ultimately, by Ext.P1 Sale Deed No.986, dated 12/03/1962, the mother of the petitioner purchased the said property. Ext.P2 is the application submitted by the petitioner before the third respondent for grant of Patta. Ext.P3 is the report of the Village Officer, submitted before the third respondent in the matter. 2. The petitioner's case is that the official respondents have been insisting for a No Objection Certificate from the Travancore Devaswom Board for issuing Patta to the petitioner for the said land and, therefore, the petitioner submitted a request before the Assistant Commissioner, T.D.B for issuance of N.O.C. Ext.P5 is the W.P.(C). No.26504/2009 -:2:- report submitted by the Assistant Devaswom Commissioner to the Office of the Devaswom Commissioner in the matter. Aggrieved by the delay in the matter, he has filed this writ petition seeking various reliefs. 3. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Travancore Devaswom Board and the learned Government Pleader. 4. A counter affidavit has been filed on behalf of the Devaswom Commissioner. It is stated that the property is lying away from the Thuravoor Temple and is in possession of others by virtue of Venpattom Agreement and the Devaswom has no case that the property is in the possession of the T.D.B. It is also pointed out that without specific provision under the under the Kerala Land Reforms Act, the Devaswom Board is not in a position to issue N.O.C. The Land Tribunal can grant Patta only after conducting due enquiries and after considering its objections. 5. Whether the petitioner is entitled for the grant of Patta, is the matter for the third respondent to consider. The same has to be done after notice to the interested parties in the light of the various provisions contained in the Kerala Land Reforms Act. Depending upon the evidence and after considering the contentions of W.P.(C). No.26504/2009 -:3:- parties including the Travancore Devaswom Board, the said respondent will have to take a decision. 6. There will be a direction to the third respondent to consider Ext.P2 and take a decision with regard to initiation of proceedings with notice to the petitioner and respondent Nos.5 and 6. The proceedings will be finalised and appropriate decision will be taken after taking evidence in the matter, at any rate, within six months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms