Kerala High Court
Unknown vs By Suo Motu on 6 January, 2020
Bench: C.T.Ravikumar, N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941
DBP.No.79 OF 2019
(IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-TDB REPORT
NO.58/2019 IN COMPLAINT NO.197/17-COMPLAINT SUBMITTED BY
TEMPLE ADVISORY COMMITTEE, MATHIRA PEETIKA DEVI KSHETHRAM,
KADIKKAL REGARDING THE CONSTRUCTION OF CHUTTUMATHIL AND
REMOVING THE ENCROACHMENT OF SARPAKAVU-SUO MOTU
PROCEEDINGS INITIATED-REG.)
COMPLAINANT:
TEMPLE ADVISORY COMMITTEE
MATHIRA PEETIKA DEVI KSHETHRAM
MATHIRA P.O, KADIKKAL-691536
REP.BY ITS PRESIDENT & SECRETARY
BY SUO MOTU
RESPONDENTS:
1 THE DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM
2 THE ESTATE OFFICER
TRAVANCORE DEVASWOM BOARD,THIRUVANANTHAPURAM
3 THE SPECIAL TAHASILDAR
TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM
4 THE SECRETARY
TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM
5 THE LAND SPECIAL OFFICER
TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM
DBP.79/2019 2
6 THE DEPUTY DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, PATHANAMTHITTA
SRI.P.V.KUNHIKRISHNAN, SC, TDB
GP- SRI T.K ANANDAKRISHNAN
SRI.P.V.RAMACHANDRAN, AMICUS CURIAE
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION
ON 06.01.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
DBP.79/2019 3
ORDER
Ravikumar, J.
The captioned DBP has been registered based on TDB Report No.58/2019 in Complaint No.197/17. The said complaint was filed by the Temple Advisory Committee of Mathira Peetika Devi Kshethram, Kadikkal in respect of the construction of Chuttumathil and removal of the encroachment of Sarpakavu. The report would essentially show that construction of the compound wall is essential and in regard to the construction of the compound wall, estimate was prepared by the Maramath Wing and tender formalities were also already initiated. The learned standing counsel appearing for the Travancore Devaswom Board submitted that it would be appropriate to effect construction only after settling the issue with respect to the encroachment. In regard to the alleged encroachment of Sarpakavu, evidently, the Special Tahsildar has conducted an enquiry and a report has been submitted. Going by the report of the Special Tahsildar, the land in respect of which complaint is made, is not shown in the name of the Devaswom in the revenue records. In such circumstances, land DBP.79/2019 4 conservancy proceedings could not be initiated. At the same time, it would reveal that the owners of the land are prepared to surrender the land as stated by the TAC. Going by the report, a mutual discussion has to be made in the matter, in the said circumstances. True that such discussions were conducted by some officers of the TDB. Going by the report, for a fruitful outcome, discussion has to be made by personnel at higher level. It is suggested to have a discussion by the Devaswom Commissioner himself with the persons who are willing to surrender the land to have a pathway leading to the Sarpakavu. In the report, it is suggested:-
"In the above circumstances, appropriate directions may be given by the Honourable High Court to hold a meeting with all concerned by the Devaswom Commissioner himself instead of authorising subordinate officers in this regard and the Minutes of the discussion held be forwarded to the Board for further action and pass such other Orders as may be deemed fit and appropriate."
2. The learned standing counsel for TDB submits that such discussions with the persons concerned can be effected by the Devaswom Commissioner himself, in February, 2020. The said submission is recorded. Consequently, the Devaswom Commissioner DBP.79/2019 5 is directed to conduct discussion with the persons concerned in the matter to have pathway leading to the Sarpakavu surrendered free of cost. The learned standing counsel would submit that subject to the outcome of such discussions, some modification may become essential in the estimate prepared for the construction of compound wall. In such circumstances, it is made clear that subject to the outcome of such discussions, it will be open to the TDB to revise the estimate prepared in the matter of construction of compound wall. In case any modification is to be made to the estimate already prepared for construction of compound wall, it has to be presented for approval appropriately.
DBP is disposed of as above.
Sd/-
C.T.RAVIKUMAR JUDGE Sd/-
N.NAGARESH JUDGE spc/