IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 DBP.No. 3 OF 2008 (IN THE MATTER OF TRAVANCORE/COCHIN DEVASWOM BOARDS - ENCROACHMENT UPON DEVASWOM PROPERTIES - SEEKING RECOVERY MEASURES - REPORT NO. 75 BY OMBUDSMAN - SUO-MOTU PROCEEDINGS INITIATED -REG:-) PARTIES: 1. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, THRISSUR. 3. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 4. THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. P1 & P2 BY GOVT. PLEADER SRI. R. LAKSHMINARAYANAN. P3 BY ADV. SRI. V. KRISHNA MENON, S.C. FOR T.D.B. P4 BY ADV. SRI. K. GOPALAKRISHNA KURUP, S.C. FOR C.D.B. ADV. SRI. KRISHNAKUMAR MANGOOT, AMICUS CURIAE FOR OMBUDSMAN. THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & C.T. RAVIKUMAR, JJ. = = = = = = = = = = = = = = = = = = = = D.B.P. NO.3 OF 2008 = = = = = = = = = = = = DAYED THIS, THE 22ND DAY OF JANUARY, 2009. O R D E R Raman, J. Report No. 75 of the Ombudsman has been re-numbered as D.B.P.3/2008. The Ombudsman has sought directions to be issued as follows: (i) The State Government may be directed to depute a suitable person to work as Special Tahsildar under the Cochin Devaswom Board. Mere working arrangement by giving additional charge to one of the Tahsildars will not be of any use. (ii) The District Collector, Thrissur, may be directed to depute a Surveyor to work under the Cochin Devaswom Board. (iii) The State Government may be directed to depute the other staff as is stated in the Government Order dated 19.7.2008 (copy of which is produced as Annexure-A) to work under the Travancore Devaswom Board. (iv) The Travancore Devaswom Board may be directed to give all facilities including a vehicle to the Special Tahsildar to carry out his work, and (v) The Cochin Devaswom Board may be directed to trace out all the basic documents, lease deeds and license deeds so as to enable it either to get recovery of the land or to fix increased rent or license fee." DBP 3/2008 2 2. Learned Government Pleader appearing on behalf of the State made available to us a Fax message from the District Collector, Thrissur. It is seen from the Fax message that Sri. P. Mohanan, Special Tahsildar has already been taken charge in the Cochin Devawom Board on 17.12.2008, Smt. Sasikala Kumari has been posted as Second Grade Surveyor who joined duty on 23.12.2008 and Sri. P. Sasikumar, Head Surveyor, Office of the Assistant Director (Resurvey) Malappuram has been transferred and posted to the Office of the Special Tahsildar (LC), Cochin Devaswom Board, Thrissur. Thus, the direction sought for has been virtually complied with as far as the Cochin Devaswom Board is concerned. The Travancore Devaswom Board submits that necessary facilities will be given as recommended in Clause (iv) of Paragraph 4 of the report. 3. The Cochin Devaswom Board shall trace out all basic documents, lease deeds and licence deeds so as to enable it to recover all the land or increase licence fee, without fail as expeditiously as possible, at any rate, within a period of one month. In case any staff is left out to be deputed as per Annexure A it is open to either of the parties or the Amicus Curiae for the Ombudsman to bring the same to the notice of this Court by DBP 3/2008 3 filing a petition to that effect. Subject to the above, the matter is closed. P.R. RAMAN, JUDGE. C.T. RAVIKUMAR, JUDGE. KNC/-