IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 2ND JULY 2009 / 11TH ASHADHA 1931 WP(C).No. 20757 of 2007(U) PETITIONER: E.P.HARIJAYANANTHAN NAMBOOTHIRI, HARINANTHANAM, THRICHAMPURAM, TALIPARAMBA, PRESIDENT, MANAGING COMMITTEE, T.T.K.DEVASWOM, TALIPARAMBA- 670 141, KANNUR. BY ADV. DR.K.P.KYLASANATHA PILLAY SRI.V.SADASIVAN SRI.K.JITHIN SMT.K.L.SREEKALA SMT.SREEDEVI KYLASANATH SRI.K.GOPAKUMAR RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPRTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER, H.R.& C.E. (ADMN.) DEPARTMENT, KOZHIKODE-20. 3. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR. 4. THE CIRCLE INSPECTOR OF POLICE, THALIPARAMBA,KANNUR. 5. THE SUB-INSPECTOR OF POLICE, TALIPARAMBA POLICE STATION, KANNUR. SR. GOVT. PLEADER SRI. R. LAKSHMINARAYAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 20757/2007 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SCHEME OF T.T.K. DEVASWOM. EXT.P2 TRUE COPY OF THE REPORT OF 2ND RESPONDENT SHOWING ENCROACHMENT OF AN EXTENT OF 4.28 1/2 ACRES OF LAND AT T.T.K. DEVASWOM. EXT.P2(a) TRUE COPY OF SKETCH SHOWING THE EXACT AREA OF ENCROACHMENT AND THE AREA OCCUPIED BY THE T.T.K. DEVASWOM AND TEMPLE. EXT.P3 TRUE COPY OF LT. NO. 77/2007 DATED 6/2007 ISSUED BY SPECIAL OFFICER DEPUTED BY 2ND RESPONDENT INFORMING THE EXECUTIVE OFFICER OF T.T.K. DEVSASWOM TO TAKE STEPS FOR THE EVICTION OF ENCROACHMENT. EXT.P3(a) TRUE COPY OF MINUTES OF THE MANAGING COMMITTEE OF T.T.K. DEVASWOM HELD ON 21.6.2007. EXT.P4 TRUE COPY OF REPRESENTATION DATED 216.20-07 BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & P. BHAVADASAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 20757 OF 2007 = = = = = = = = = = = = = = = = DATED THIS, THE 2ND DAY OF JULY, 2009. J U D G M E N T Raman, J. This is a writ petition seeking police protection for removal of the encroachers and for a writ of mandamus directing Respondents 2,3 and 4 to evict the encroachers in the 4 Acres and 28 Cents of T.T.K. Devaswom property. 2. The question as to whether the 4 Acres and 28 Cents are in the possession of encroachers will depend upon the question as to whether these are all Devaswom properties. Therefore, at the first instance, this aspect has to be examined by a competent authority. As per the provisions contained in H.R. & C.E. Act as amended, if it is found that it is a Devaswom property, Malabar Devaswom can initiate action through the District Collector for removal of encroachers by resorting to the provisions contained in the Land Conservancy Act. 3. It is pointed out by the learned counsel appearing on behalf of the petitioner that in the statement filed by the Commissioner, H.R. & C.E. W.P.(C) 20757/2007 :2: Department, it is admitted that the land belongs to the Devaswom and is encroached upon. Ext.P3 also shows that the Special Officer has reported to take action in this regard. 4. If so, necessarily, it is open to the Malabar Devaswom to initiate action under the new provisions for removal of encroachers after due notice and after hearing the alleged encroachers also. Petitioner shall file the details of the land encroached upon along with a copy of this order, whereupon necessary steps will be taken by the Malabar Devaswom Board. In the circumstances, we direct the Malabar Devaswom Board to initiate action for recovery of the land unless there is no order passed by any competent civil court. The writ petition is closed. P.R. RAMAN, JUDGE. P. BHAVADASAN, JUDGE. KNC/-