High Court of KeralaWP(C)/6004/2014disposed of

P.C.Ajayaghosh v. The Secretary, Travancore Devaswom Board

2015-06-24Honourable Mr. Justice Sunil Thomas,Honourable Mr.Justice Thottathil B.Radhakrishnan6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937 WP(C).No. 6004 of 2014 (A) --------------------------- PETITIONER(S):

------------- P.C.AJAYAGHOSH, AGED 52 YEARS, S/O. CHANDRASEKHARAN, THENGANAL HOUSE, KIZHAKOMPU P.O. KOOTHATTUKULAM, THE SECRETARY, KSHETRA UPADESAKA SAMITHI SREE DHARMA SASTA TEMPLE KOOTHATTUKULAM OF TRAVANCORE DEVASWOM BOARD, ERNAKULAM DISTRICT.

BY ADVS.SRI.S.RAJKUMAR SRI.N.JAGATH RESPONDENT(S):

---------------

1. THE SECRETARY, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 003.

2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695 003.

3. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THRIKKARIYOOR, PIN-686 692.

4. STATE OF KERALA , REPRESENTED BY SECRETARY TO GOVERNMENT OF KERALA, REVENUE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.

5. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD KOCHI-30.

6. RAJIV GANDHI CO-OPERATIVE HOSPITAL REPRESENTED BY SECRETARY, KOOTHATTUKULAM ERNAKULAM DISTRICT-686 662.

7. KOOTHATTUKULAM GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, KOOTHATTUKULAM ERNAKULAM DISTRICT-686 662.

8. GOVT. SERVANTS CO-OPERATIVE SOCIETY, KOOTHATTUKULAM, REPRESENTED BY THE SECRETARY GOVT.SERVANTS CO-OPERATIVE SOCIETY, KOOTHATTUKULAM ERNAKULAM DISTRICT-686 662.

R7 BY ADV. SRI.K.M.JAMALUDHEEN R6 BY ADV. SRI.ALIAS M.CHERIAN R8 BY ADV. SRI.P.V.SANTHOSH JOSE R8 BY ADV. SMT.DIVYA B.NAIR R1-R3 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD R BY GOVERNMENT PLEADER SRI.G.A.RENJITH R BY SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6004 of 2014 (A) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- P1 : COPY OF THE LITHO MAP OF THE PROPERTY.

P2 : COPY OF THE ORDER IN DBP NO.64/2012 DTD.6.6.2012. P3 : COPY OF THE PETITION DTD.17.2.2014 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

P4: COPY OF THE REPRESENTATION DATED 8/06/15 SUBMITTED BY PETITIONER BEFORE 7TH RESPONDENT.

RESPONDENT(S)' EXHIBITS ------------------------:

EXT.R6A: COPY OF ORDER GO/MS/NO.854/82/RD DATED 10/8/1982. EXT.R6B: COPY OF DOCUMENT NO.894 OF 1983.

EXT.R6C: COPY OF RESOLUTION DATED 3/7/2005 EXT.R6D: COPY OF APPLICATION NO.1/75 DATED 29/7/2005 EXT.R6E: COPY OF THE MINUTES OF THE MEETING 13/11/2008 EXT.R6F: COPY OF REPRESENTATION NO.205/8/78 DATED 15/1/08 EXT.R6G: COPY OF MINUTES OF THE ANNUAL GENERAL BODY MEETING DATED 24/11/2013 EXT.R6H: COPY OF REPRESENTATION NO.60/PDT/2013 DATED 4/11/2013 EXT.R6I: COPY OF REPORT NO.MT/1/55471/13/2 DATED 28/8/2013. EXT.R6J: COPY OF ORDER NO.8659/PS/2/2014 COP DATED 03/03/2015. ET.R6K: COPY OF THE ORDER NO.HM1283/14 DATED 30/3/2015. /TRUE COPY/ PS TO JUDGE.

THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.

- - - - - - - - - - - - - - - - - - W.P.(C). No.6004 of 2014 - - - - - - - - - - - - - - - - - - Dated this the 24th day of June, 2015

JUDGMENT

Thottathil B. Radhakrishnan, J.

The petitioner contends that he is a devotee and the Secretary of the Kshetra Upadesaka Samithi, a body of persons who are interested in protecting Sree Dharma Sasta Temple, Koothattukulam. The allegation is that the Travancore Devaswom Board is not taking protective action in relation to the properties which vest in that deity.

2. Pursuant to the earlier orders, the TDB has placed a statement, which includes the communication of the Special Tahsildar to the Secretary, Travancore Devaswom Board issued on 16/8/2012, which shows that steps have been initiated under the Land Conservancy Act. While that document shows that different postings were effected, the fact of the matter remains that no steps have gone forward except issuing the final notices. When the notices under the Land Conservancy Act have been issued, the immediate requirement is that proceedings have to be completed after hearing all the necessary parties. Otherwise, it will be

W.P.(C) No.6004/2014 prejudicial to the interest of the parties, either way. The writ petition is ordered directing that the Special Tahsildar, Travancore Devaswom Board will conclude the proceedings initiated, as noted above, and final action taken shall be reported to the learned Ombudsman for Travancore and Cochin Devaswom Boards on or before 30th January 2016, without fail. Parties who are appearing in this case are directed to mark appearance before the Special Tahsildar to get the date on which the Special Tahsildar will hear the parties. The Special Tahsildar shall ensure that time fixed above is scrupulously complied with. All issues regarding the Board's claim and the plea raised by the private respondents are left open for consideration by the Special Tahsildar.

Sd/- THOTTATHIL B.RADHAKRISHNAN Judge Sd/- SUNIL THOMAS Judge dpk /true copy/ PS to Judge.

W.P.(C) No.6004/2014