IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 34537 of 2007(J) -------------------------- PETITIONER: ------------ TRAVANCORE DEVASWOM BOARD, CHAKKUVALLY DEVASWOM, KARUNAGAPPALLY GROUP, REPRESENTED BY SECRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. 3. THE TAHSILDAR, KUNNATHUR TALUK, SASTHAMCOTTA, KOLLAM DISTRICT. Addl. 4. SIVADASAN, S/O.SANKARAN DASAN, PANACHIVILAYIL VEEDU, PADINJATTAKIZHAKKU MURI, SOORNAD VADAKKU VILLAGE, KUNNATHOOR TALUK, SOORNAD P.O., KOLLAM DISTRICT - 690 522. " 5. AHAMMED KUTTY, S/O.MUHAMMED KUNJU, KALATHIVILA VEEDU, -DO- -DO- " 6. BADARUDEEN, S/O.KOCHU KUNJU, APPAZHANJIYIL VEEDU, PALLIMURI,PORUVAZHI VILLAGE, AMBALATHUMBHAGOM P.O., KOLLAM DISTRICT - 690 520. -2- W.P.(C).No.34537/2007 " 7. RAHIM KUTTY.M., S/O.MOHAMMED KUNJU, KALILAYYATHU KIZHAKKATHIL, PADINJATTAKIZHAKKU MURI, SOORNAD VADAKKU VILLAGE, KUNNATHOOR TALUK, SOORNAD P.O., KOLLAM DISTRICT - 690 522. (ADDL. R4 TO R7 ARE IMPLEADED AS PER ORDER IN I.A.NO.1997/2008 DATED 11/02/2008) R1 TO R3 BY GOVT.PLEADER SRI R.LAKSHMINARAYANAN. R4 TO R7 BY ADV. SRI.V.JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.34537/07 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE JUDGMENT OF THE PRINCIPAL SUB JUDGE, KOLLAM DATED 31/5/1988 IN AS.1/86. EXT.P2 TRUE COPY OF THE COMMON JUDGMENT DTD. 17/11/2000 PASSED BY THIS COURT 'OM SA.NO.191/90 AND SA.258/90. EXT.P3 TRUE COPY OF THE APPLICATION DTD. 21/3/2005. EXT.P4 TRUE COPY OF THE APPLICATION DTD. 21/3/2005. K.S.RADHAKRISHNAN & T.R.RAMACHANDRAN NAIR, JJ. --------------------------------- W.P.(c)No.34537 OF 2007 ------------------------------------ Dated this the 17th day of December, 2007 ORDER Radhakrishnan, J. Heard learned counsel for the Travancore Devaswom Board and also the learned Government Pleader. Ext.P1 and P2 judgments cover the properties under Survey No.478/7 of Poruvazhy village and Survey Nos. 62/1 and 62/7 of Sooranadu North Village. The Civil Court on an elaborate consideration of all aspects of the matter and after hearing the affected parties came to the conclusion that the properties belong to Devaswom. Further the civil court also found that steps be taken under the Land Conservancy Act to evict the encroachers. Devaswom Board has approached this court stating that though repeated requests were made to the District Collector, no action has been taken so far to evict the encroachers. Government Pleader on instructions made available a letter dated 13/12/2007 received from the District Collector stating that Tahsildar, Kunnathur has reported that 35 numbers of persons have encroached into the land and have constructed small shops WPC.No.34537/07 2 and buildings and they have been running the shops and small business in these buildings for a very long period. Eviction could not be conducted as the number of encroachers is comparatively high which necessitates high police assistance and other arrangements. 2. We may point out that the civil court has categorically found that properties belong to Devaswom. Obligation is cast on the Devaswom, the court, District Collector and the police officials to see that devaswom properties are protected. Reference was made to the recent decision of the Apex Court in Gopalakrishnan v. Cochin Devaswom Board and others ( ILR 2007(4) Kerala 181), wherein the Apex court held that the properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their trustees/Archaks/Sabits/Employees, Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. The Government, members or trustees of Boards/Trusts and devotees should be vigilant to prevent any such usurpation or WPC.No.34537/07 3 encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. In such circumstances, we are inclined to direct the District Collector to initiate land conservancy proceedings against the encroachers and take steps to recover the properties and entrust the same with Devaswom. District Collector will give notice to the present occupants and seek police aid to evict the encroachers. Since the matter is pending so long, we direct the District Collector to initiate land conservancy proceedings within a period of two weeks from the date of receipt of a copy of this order. K.S.RADHAKRISHNAN JUDGE T.R.RAMACHANDRAN NAIR H/O JUDGE sv.