A.A. Gopalakrishnan vs Cochin Devaswom Board & Ors

4. Respondents 3 to 5 thereafter filed O.S.No.399/1998 on the file of the Sub-Court, Ernakulam, against the Devaswom Board seeking declaration of title in respect of Sy.No.1042/2 and consequential injunction. During the pendency of the suit, they submitted a representation dated 6.7.2000 to the Board requesting for a settlement. They proposed an exchange of Sy. No.1042/2 (21 cents of land which belonged to Karikkode Devaswom) with Sy. No.1043 (30 cents of land which was in the possession of Karikkode Devaswom, but title to which was claimed by respondent No. 3).

5. Without even waiting for a reply for the letter proposing settlement, respondents 3 to 5 filed a writ petition (OP No.20251/2000) before the High Court and secured an ex parte order dated 27.7.2000 directing the Board to consider their representation and pass an order thereon. In view of the said direction, the Board considered the representation and passed a resolution dated 29.8.2000 agreeing to the proposal and entered into a compromise with respondents 3 to 5 on 30.8.2000. The said compromise petition recorded a settlement that the parties will enter into a Deed of Exchange, by which plaintiffs (respondents 3 to 5 herein) would surrender their title and interest in respect of 30 cents in Survey No.1043 (Resurvey No.175/5) of Mulanthuruthy village, Kanayannur Taluk, Ernakulam District (which was the subject matter of the Purchase Certificate No.581/76 and 586/76 dated 21.2.1976 issued by the Deputy Collector (LT) No.IV, Ernakulam) where the three idols/vigrahas of Upadevanmar (Sri Malikappuram, Sri Malanada and another) were situated in favour of the defendant (Board) and in exchange the Defendant (Board) would surrender the right, title and interest in respect of Sy. No.1042/2 (measuring 21 cents) in favour of the plaintiffs. The Sub-court, Ernakulam decreed O.S. No.399/1998 on 18.9.2000 in terms of the said compromise.

6. The appellant herein challenged the said compromise in writ petition (O.P.No.19728/2001) before the High Court alleging that the settlement of the suit was collusive and the land which was agreed to be transferred by respondent Nos.3 to 5 by way of exchange in favour of the Devaswom Board was the property of the Karikkode temple itself; and that to defeat the directions by this Court and the High Court, requiring surrender of possession of Sy. No.1042/2, the officers of Devaswom Board had colluded with respondent Nos.3 to 5 and permitted them to retain Sy. No.1042/2 illegally. The writ petition was dismissed by holding that the Devaswom Board got possession of 30 cents of land in exchange for 21 cents in pursuance of a settlement between the parties, and therefore there was no case for interference. The said judgment of the High Court is under challenge in this appeal.

12. In view of the above, we allow this appeal as follows :

(iii) It is open to respondents 3 to 5 to pursue OS No.399 of 1998, if they so desire, in which event, the Sub-Court, Ernakulam, shall dispose it in accordance with law.

(iv) The Collector, Ernakulam is directed to hold an enquiry as to the circumstances in which the order dated 21.2.1976 in SMP No.3458 of 1975 was passed on the file of the Special Tahsildar, LR No.II, Ernakulam, and take consequential remedial action.

(v) The first respondent-Board is at liberty to take action in accordance with law in regard to Survey No.1043.

(vi) Parties to bear their respective costs.