Kerala High Court
P.S.Babu Suresh vs Cochin Devaswom Board on 8 April, 2022
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 8TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944
W.P.(C)NO.12173 OF 2020
PETITIONER:
COCHIN DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
COCHIN DEVASWOM BOARD OFFICE,
ROUND NORTH, THRISSUR - 680 001.
BY ADV K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE (DEVASWOM),
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DISTRICT COLLECTOR,
COLLECOTRAE, CIVIL STATION,
KAKKANAD, ERNAKULAM, KOCHI - 682 030.
3 THE SUB COLLECTOR,
FORT KOCHI, ERNAKULAM DISTRICT,
PIN- 682 001.
4 THE TAHASILDAR,
KOCHI TALUK, TALUK OFFICE, FORT KOCHI,
ERNAKULAM DISTRICT - 682 001.
5 THE VILLAGE OFFICER,
RAMESWARAM VILLAGE, PALLURUTHY,
ERNAKULAM DISTRICT, PIN- 682 006.
BY ADV GOVERNMENT PLEADER
W.P.(C)NO.12173 of 2020 and conne. cases
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2022, ALONG WITH WP(C).6753/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)NO.12173 of 2020 and conne. cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 8TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944
W.P.(C)NO.6753 OF 2020
PETITIONER:
AZHAKIYA KAVU TEMPLE LAND PROTECTION COMMITTEE
PALLURUTHY NADA,
COCHIN-682 006,
REPRESENTED BY ITS SECRETARY
BY ADVS.
R.KRISHNA RAJ
E.S.SONI
KUMARI SANGEETHA S.NAIR
RESPONDENTS:
1 COCHIN DEVASWOM BOARD,
OFFICE OF THE COCHIN DEVASWOM BOARD,
THRISSUR,
REPRESENTED BY ITS SECRETARY- 680001
2 THE DEVASWOM OFFICER,
AZHAKIYA KAVU DEVSWOM, PALLURUTHY NADA,
KOCHI-682006
3 THE REVENUE DIVISIONAL OFFICER,
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI-682 001
BY ADVS.
K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
W.P.(C)NO.12173 of 2020 and conne. cases
4
ADVOCATE GENERAL OFFICE KERALA
OTHER PRESENT:
SRI. K.P. SUDHEER -SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2022, ALONG WITH WP(C).12173/2020,
13965/2020 AND CONNECTED CASES, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)NO.12173 of 2020 and conne. cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 8TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944
W.P.(C)NO.13965 OF 2020
PETITIONER:
P.S.BABU SURESH,
ASHIRWARD HOUSE, PALLURUTHI NADA,
KOCHI P.O. - 682006.
BY ADVS.
R.KRISHNA RAJ
SMT.E.S.SONI
SMT.KUMARI SANGEETHA S.NAIR
RESPONDENTS:
1 COCHIN DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD
BUILDINGS, THRISSUR.
2 ASSISTANT DEVASWOM COMMISSIONER,
COCHIN DEVASWOM BOARD, THRIPUNITHURA.
3 SPECIAL TAHSILDAR AND EXECUTIVE MAGISTRATE
LAND CONSERVANCY- COCHIN DEVASWOM BOARD,
THRISSUR.
4 R.D.O.
FORT KOCHI.
5 STATE OF KERALA
REPRESENTED BY ITS REVENUE SECRETARY,
W.P.(C)NO.12173 of 2020 and conne. cases
6
GOVERNMENT OF KERALA, KERALA GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM- 695001.
BY ADVS.
K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
ADVOCATE GENERAL OFFICE KERALA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2022, ALONG WITH WP(C).6753/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)NO.12173 of 2020 and conne. cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 8TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944
W.P.(C)NO.13816 OF 2020
PETITIONER:
HINDU AYIKKA VEDI,
REP. BY ITS TALUK PRESIDENT, T.P.PADMANABHAN,
MULLOOR HOUSE, PALLURUTHY, KOCHI-682006.
BY ADVS.
M.P.ASHOK KUMAR
BINDU SREEDHAR
ASIF N
RESPONDENTS:
1 CORPORATION OF COCHIN,
REP. BY ITS SECRETARY, KOCHI MUNICIPAL
CORPORATION, PB NO.1016, COCHIN-682011.
2 COCHIN DEVASWAM BOARD,
REP. BY ITS SECRETARY, DEVASWOM BOARD BUILDING,
THRISSUR-680001.
3 DISTRICT COLLECTOR,
CIVIL STATION, KAKKANAD, ERNAKULAM-682030.
4 SPECIAL THAHASILDAR,
LC UNIT, COCHIN DEVASWOM BOARD, OFFICE OF COCHIN
DEVASWOM BOARD, THRISSUR, PIN-680001.
5 V.P.PAUL @ PAULOSE,
W.P.(C)NO.12173 of 2020 and conne. cases
8
VADASSERY HOUSE, PALLURUTHY P.O., COCHIN-682006.
BY ADVS.
SRI.K.P.JUSTINE(KARIPAT)SC,COCHIN CORPN
K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
ADVOCATE GENERAL OFFICE KERALA
SRI.SIVAN MADATHIL
SMT.P.USHAKUMARI
SHRI.K.JANARDHANA SHENOY, SC, KOCHI MUNICIPAL
CORPORATION
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2022, ALONG WITH WP(C).6753/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)NO.12173 of 2020 and conne. cases
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 8TH DAY OF APRIL 2022 / 18TH CHAITHRA, 1944
W.P.(C)NO.18492 OF 2020
PETITIONER:
P.C.UNNIKRISHNAN,
SECRETARY,
AZHGIYAKAAVU TEMPLE LAND PROTECTION
COMMITTEE,PALLURUTHI NADA,KOCHI
BY ADVS.
R.KRISHNA RAJ
SMT.E.S.SONI
SMT.KUMARI SANGEETHA S.NAIR
RESPONDENTS:
1 COCHIN DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY,
DEVASWOM BOARD BUILDINGS,THRISSUR,
PIN-680020.
2 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001.
3 THE DIRECTOR GENERAL OF POLICE,
DIRECTOR GENERAL OF POLICE,KERALA,
POLICE HEADQUARTERS,TRIVANDRUM-695010.
4 THE CITY POLICE COMMISSIONER,
W.P.(C)NO.12173 of 2020 and conne. cases
10
OFFICE OF THE CITY POLICE COMMISSIONER,
REVENUE TOWER,ERNAKULAM HO,
ERNAKULAM-682011.
5 THE ASSISTANT CITY POLICE COMMISSIONER,
OFFICE OF THE ASSISTANT CITY POLICE
COMMISSIONER,BAZAR ROAD NEAR GOVERNMENT W AND C
HOSPITAL,MATTANCHERRY,KOCHI,KERALA-682002.
6 THE CIRCLE INSPECTOR OF POLICE,
PALLURUTHY POLICE STATION,PALLURUTHY
NADA,KOCH,KERALA-682006.
7 STATION HOUSE OFFICER,
PALLURUTHY POLICE STATION,
PALLURUTHY NADA,KOCHI,KERALA-682006.
8 K.V.VISWANATHA BHATT,
RESIDING AT AZHAKIYAKAVU DEVI TEMPLE,
PALLURUTHY,KOCHI-682006.
9 SONY.K.FRANCIS,
KALAPPURAKKAL,RESIDING NEAR AZHAKIYAKAVU DEVI
TEMPLE,PALLURUTHY,
KOCHI-682006.
10 THYAGARAJAN,
THOTTUNGAL HOUSE,PALLURUTHY,
KOCHI-682006.
BY ADV K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.04.2022, ALONG WITH WP(C).6753/2020 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)Nos.12173/2020,
6753/2020, 13816/2020,
13965/2020 and 18492/2020
11
JUDGMENT
Anil K. Narendran, J.
Since common issues are raised, these writ petitions are heard together and are being disposed of by this common judgment.
2. W.P.(C)No.12173 of 2020 is one filed by the Cochin Devaswom Board, represented by its Secretary, invoking the provisions under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P6 order dated 30.12.2019 of the 3rd respondent Sub Collector, Fort Kochi, whereby Ext.P4 application dated 25.05.2019 made by the petitioner to correct the entries in the revenue records relating to property having an extent of 9.41½ Acres of land comprised in Sy.Nos.613/1, 613/2, 613/3, 663/2, 661/1 and 1499 in Rameshwaram Village, covered by Ext.P1 Thanathu Register of Cochin Devaswom Board, stands rejected for the reasons stated therein. The petitioner has also sought for an order directing the 3 rd respondent Sub Collector to furnish a copy of the report W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 12 dated 22.08.2019 of the 5th respondent Village Officer (Ref.No.3 in Ext.P6 order) and direct the 4 th respondent Tahsildar, Kochi Taluk, to submit a report after verifying the records and conducting an inspection. Going by the averments in the writ petition, the century-old rituals and ceremonies including Thalappoli Mahostavamezhunnellippu, Vadakkumpuram Guruthy, Choottu Padayani related to Meena Bharani and many other festivals in Azhakiyakavu Devi Temple under Azhakiyakavu Devaswom in Thripunithura Group of Cochin Devaswom Board are being conducted in the aforesaid property since time immemorial. The Sreemoolastanam of Azhakiyakavu Devi is also situated in the aforesaid property. As per the entries in the Basic Tax Register, the properties comprised in Sy.Nos.613/1, 613/2 and 613/3 of Rameshwaram Village are owned by Azhakiyakavu Devaswom. In the remarks column of the Basic Tax Register, it is specifically stated as 'Vela Veli'. In the writ petition, it is alleged that the boundary walls as well as gates on either side of the temple are in a dilapidated W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 13 condition. Taking advantage of the said situation, many anti-social activities and also transportation of building materials, illegal parking of vehicles are being undertaken in the aforesaid property. It is in the southern Veli as well as in the northern Veli, temple rituals and other activities are being performed. As directed by the Devaswom Officer, the Temple Renovation Committee restored the old gate of the temple ground, adjacent to northern Veli, without any restrictions to the pedestrians. While so, certain persons in the locality, through the concerned MLA, approached the 2nd respondent District Collector complaining that ingress and egress was obstructed due to the restoration of old gate. In January, 2017, the Special Tahsildar attached to Cochin Devaswom Board surveyed and demarcated the temple property and thereafter, proceedings were initiated against the encroachers, under the provisions of the Kerala Land Conservancy Act, 1957, vide Ext.P2 order dated 26.04.2019. The Temple Renovation Committee submitted a complaint before the learned Ombudsman for Travancore and Cochin W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 14 Devaswoms, who submitted Ext.P3 report dated 14.06.2019 as CDB Report No.35 of 2019 in Complaint No.64 of 2019. During the pendency of that complaint, the petitioner submitted Ext.P4 application dated 25.05.2019 before the 3rd respondent Sub Collector, Fort Kochi, to correct the entries in the revenue records relating to the property in question having an extent of 9.41½ Acres. In Ext.P3 report, the learned Ombudsman has requested to pass appropriate orders directing the 3rd respondent to dispose of Ext.P4 application, in accordance with law. By Ext.P5 order dated 27.08.2019, this Court disposed of D.B.P.No.54 of 2019, by directing the 3rd respondent to pass appropriate orders on Ext.P4 application made by the petitioner for effecting correction in the revenue records, in accordance with law, after affording an opportunity of being heard to the parties concerned, which is pending before him as File No.F- 2407/19, within a period of three months from the date of receipt of a copy of that order. The 3rd respondent has passed Ext.P6 order dated 30.12.2019, whereby Ext.P4 W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 15 application made by the petitioner to correct the entries in the revenue records relating to the aforesaid property stands rejected for the reasons stated therein. Ext.P6 order refers to a report dated 22.08.2019 submitted by the 5th respondent Village Officer. The grievance of the petitioner is that the petitioner was not furnished with a copy of that report and as such the procedure adopted by the 3 rd respondent while rejecting Ext.P4 application is per se arbitrary and illegal and it is in violation of the principles of natural justice. In Ext.P6 order, after considering Ext.P4 application on merits, the 3rd respondent has stated that neither the said respondent nor the Tahsildar has jurisdiction to correct the entries in the revenue records. The document marked as Ext.P7 is a copy of the proceedings of the Dewan of Cochin, which is one dated 06.11.1922, whereby the Devaswom Superintendent and Dewan Peishkar are informed that the registry of all tanks, ulsavam grounds, roads and lanes attached to temples should be altered from 'Sarkar Puramboke' to 'temple W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 16 puramboke', as in British India.
2.1. Along with I.A.No.1 of 2022, the petitioner has placed on record Ext.P8 relevant page of puramboke book maintained by the 5th respondent Village Officer, which is obtained under the Right to Information Act, 2005, in order to show that the description of the land in Sy.Nos.613/1 and 613/3 is 'Devaswom Puramboke' in the puramboke register maintained in the Village Office, Rameshwaram. The document marked as Ext.P9 is a copy of the request dated 07.08.2019 submitted by the Devaswom Officer to the 3 rd respondent, with a request to correct the entry of the Devaswom land in village records, placing reliance on Ext.P7 proceedings dated 06.11.2022.
2.2. The 3rd respondent has filed a counter affidavit dated 03.01.2022, opposing the reliefs sought for in this writ petition, wherein it is contended that Ext.P6 order is one passed in strict compliance of the directions contained in Ext.P5 order of this Court in D.B.P.No.54 of 2019. The 3 rd respondent considered the matter in detail. A report was W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 17 called for from the 5 th respondent Village Officer, Rameshwaram, which was also considered. After hearing both sides and after verifying the revenue records, it was found that Azhakiyakavu Deavswom had separate Tandaper Account No.29. The land comprised in Sy.No.613/2, 663/2 and 663/1 are included in Tandaper No.29 in the name of Azhakiyakavu Devaswom, along with other properties in different survey numbers. But the property comprised in Sy.Nos.613/1 and 613/3 are not included in the above Tandaper Account, as evidenced by Ext.R3(a) extract of the Tandaper Account No.29. The property in Sy.No.613/1 is shown as puramboke in Ext.R3(b) settlement register. In the remarks column, it is shown as 'Vela Veli'. The property in Sy.No.613/3 is also shown as puramboke in that settlement register. In the remarks column, it is shown as 'Vela Veli'. In the counter affidavit, it is stated that, re- survey operations in Rameshwaram Village has not yet started. Further, the 3rd respondent or the concerned Tahsildar has no authority to act on the application made by W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 18 the petitioner to correct the entry in revenue records, which will confer exclusive right of the petitioner over the disputed land. The remedy of the petitioner lies elsewhere.
2.3. The petitioner has filed a reply affidavit dated 09.02.2022, producing therewith Ext.P10 relevant extract of Chapter 9 of Devaswom Manual, which deals with Devaswom Tanathu Bhoomi. The petitioner would point out that, in the remarks column of Ext.R3(b) settlement register of Rameshwaram Village, produced along with the counter affidavit filed by the 3rd respondent, it is shown as 'Vela Veli'. Therefore, the contention that it is a puramboke land is absolutely untenable.
3. W.P.(C)No.6753 of 2020 is one filed by the Azhakiyakavu Temple Land Protection Committee, represented by its Secretary, seeking a writ of certiorari to quash Ext.P7 order dated 30.12.2019 of the 3rd respondent Sub Collector (Revenue Divisional Officer), which is Ext.P6 order in W.P.(C)No.12173 of 2020. The petitioner has also sought for a writ of mandamus commanding the 3 rd W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 19 respondent to hear the petitioner and to consider Ext.P4 application dated 26.08.2019, before passing an order on Ext.P1 application made by the 1st respondent Travancore Devaswom Board, which is Ext.P4 application in W.P. (C)No.12173 of 2020; and an order directing the 3rd respondent to strictly comply with Ext.P5 order of this Court dated 27.08.2019 in DBP No.54 of 2019.
3.1. Respondents 1 and 2 have filed a counter affidavit, wherein it is contended that, while passing Ext.P7 order, the 3rd respondent has not adverted to any of the contentions raised by the Cochin Devaswom Board, relying on various documents. The learned Senior Government Pleader has filed a memo dated 11.01.2022 to adopt the counter affidavit filed by the 3rd respondent in W.P. (C)No.12173 of 2020 as the counter affidavit of the said respondent in this writ petition.
4. W.P.(C)No.13816 of 2020 is one filed by the petitioner, which is a society registered under the Societies Registration Act, 1860, seeking an order directing the Chief W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 20 Vigilance Officer attached to the Local Self Government Department to conduct an enquiry with regard to the issuance of Ext.P4 building permit dated 09.05.2018 issued by the Assistant Executive Engineer, Kochi Municipal Corporation, to the 5th respondent for the construction of a commercial building in Survey Nos.613/1, 613/2 and 613/3 of Rameshwaram Village, which is Devaswom property. The petitioner has also sought for a writ of mandamus commanding the Secretary of the 1st respondent Kochi Municipal Corporation to revoke Ext.P4 building permit granted to the 5th respondent, as a portion of the land belonging to Azhakiyakavu Devaswom, in Survey No.613/1 of Rameshwaram Village; a writ of mandamus commanding the 3rd respondent District Collector, Ernakulam and the 4 th respondent Special Tahsildar, Land Conservancy Unit, Cochin Devaswom Board, to evict the 5th respondent and all other encroachers who are found in illegal possession of the property of Azhakiyakavu Devaswom; a declaration that no building permit can be granted for the construction of any W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 21 building or structure in any encroached portion of the property of Azhakiyakavu Devaswom; a writ of mandamus commanding the 1st respondent Kochi Municipal Corporation to consider Ext.P6 representation dated 24.06.2020 made by the petitioner; and a declaration that Ext.P4 building permit issued to the 5 th respondent for construction of a building in the property of Azhakiyakavu Devaswom in Survey No.613/1 of Rameshwaram Village is illegal.
4.1. The 1st respondent Kochi Municipal Corporation has filed a counter affidavit dated 14.09.2020. The 5 th respondent has also filed a counter affidavit dated 13.10.2020, strongly opposing the reliefs sought for in this writ petition, raising various legal and factual contentions. The 2nd respondent Cochin Devaswom Board has filed a counter affidavit, raising various legal and factual contentions. Along with a memo dated 18.03.2021 of the learned Special Government Pleader (Revenue), the report and sketch prepared by the 4th respondent Special Tahsildar, which is one dated 15.03.2021 is placed on record. The W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 22 learned Senior Government Pleader has filed a memo dated 11.01.2022 to adopt the counter affidavit filed by the 3 rd respondent in W.P.(C)No.12173 of 2020 as the counter affidavit of the 3rd respondent in this writ petition.
5. W.P.(C)No.13965 of 2020 is one filed by the petitioner, who is a devotee of Azhakiyakavu Devi, seeking a writ of mandamus commanding the respondents to protect 9.41½ Acres of land in Survey Nos.613/1, 613/2, 613/3, 663/1, 663/2, and 661/1 of Rameshwaram Village and maintain the same by evicting all the encroachers as the Devaswom property of Azhakiyakavu Devi Temple and take appropriate steps to secure the above said property by protecting it from encroachers and to take adequate steps to ensure that the above said property is exclusively being used for temple purposes.
5.1. The 1st respondent Cochin Devaswom Board has filed a counter affidavit dated 03.01.2022, wherein it is pointed out that the Board has already filed W.P. (C)No.12173 of 2020 challenging the order of the 4 th W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 23 respondent Sub Collector (Revenue Divisional Officer) and it is taking prompt and effective action to protect the property of Azhakiyakavu Devaswom. The learned Senior Government Pleader has filed a memo dated 11.01.2022 to adopt the counter affidavit filed by the 3 rd respondent in W.P.(C)No.12173 of 2020 as the counter affidavit of the 4 th respondent in this writ petition.
5.2. Along with I.A.No.1 of 2022, the petitioner has placed on record Ext.P10 relevant extract of puramboke register of Rameshwaram Village, which is already on record as Ext.P8 in W.P.(C)No.12173 of 2020 filed by the Cochin Devaswom Board.
6. W.P.(C)No.18492 of 2020 is one filed by the Secretary of Azhakiyakavu Devi Temple Land Protection Committee, which has already filed W.P.(C)No.6753 of 2020, seeking a writ of mandamus commanding respondents 2 to 6 to grant adequate police protection to the said Committee, the temple authorities and devotees to protect the temple compound of Azhakiyakavu Devi Temple W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 24 having an extent of 9.41½ Acres comprised in Survey Nos.613/1, 613/2, 613/3, 663/1, 663/2, and 661/1 of Rameshwaram Village, including the temple and for its maintenance, the construction of compound wall, the closing of the gate on the eastern side of the temple property and erection of stone lamp preventing entry of vehicles into the temple property, from the illegalities of respondents 8 to 10 and their men.
6.1. The 1st respondent has filed a counter affidavit, wherein it is pointed out that Ext.P8 order of the Sub Collector, Fort Kochi is already under challenge in W.P. (C)No.12173 of 2020 filed by the Cochin Devaswom Board. The learned Senior Government Pleader has filed a memo dated 11.01.2022 to adopt the counter affidavit filed by the 3rd respondent in W.P.(C)No.12173 of 2020 as the counter affidavit of respondents 2 to 6 in this writ petition.
7. On 24.07.2020, when W.P.(C)Nos.6753, 12173, 13816 and 13965 of 2020 came up for consideration, this Court passed the following order;
W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 25 "The same subject matter is involved in all these writ petitions. Evidently, this Court passed an order in DBP.No.54 of 2019 which is produced as Ext. P5 in W.P. (C)No.6753 of 2020. As per the same, taking note of the complaint filed by the CDB, which was registered as F-2407/19, in relation to the property in question and further the factum of its pendency before the Revenue Divisional Officer, Fort Kochi this Court directed the RDO to pass appropriate orders in that complaint in accordance with law, after giving opportunity of being heard to the parties concerned, within a period of three months from the date of receipt of copy of the order. Pursuant to the said order in DBP.No.54 of 2019, the impugned order in W.P. (C)No.6753 of 2020 was passed. It is produced as Ext.P7 dated 30.12.2019. A bare perusal of the same would reveal that in categoric terms the 3 rd respondent stated that he got no jurisdiction to decide the issue raised in the aforesaid complaint. At the same time, it is evident from Ext.P7 itself that he made observations and findings, on merits, with respect to the issue involved. Thus, prima facie we are of the view that the order cannot be sustained for the simple reason that when once an authority declares lack of jurisdiction to consider a complaint carrying certain grievances and allegations that authority is not supposed to make any W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 26 observations/findings touching the issues involved therein, on merits. All the writ petitions are admitted. In the said circumstances, there will be an interim order to the effect that based on Ext.P7 no further proceedings shall be taken by any authorities and status quo as on today with respect to the property involved in the said complaint and in all these writ petitions, shall be maintained for a period of three months.
W.P.(C)No.6753 of 2020Learned Standing Counsel Sri.K.P.Sudheer takes notice for respondents 1 and 2. Learned Government Pleader takes notice for the 3rd respondent. W.P.(C)No.12173 of 2020 Learned Government Pleader takes notice for the respondents.
W.P.(C)No.13816 of 2020Learned Standing Counsel Sri.K.P.Justine takes notice for the 1st respondent. Learned Standing Counsel Sri.K.P.Sudheer takes notice for the 2 nd respondent. Learned Government Pleader takes notice for respondents 3 and 4. Issue notice by Speed Post to the 5th respondent.
W.P.(C)No.13965 of 2020Learned Standing Counsel Sri.K.P.Sudheer takes notice for respondents 1 to 3. Learned Government Pleader takes notice for respondents 4 and 5. W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 27 The respondents in all the writ petitions shall file counter affidavits, if any, within a period of one month. List the matters on 08.09.2020."
8. On 05.04.2022, when these writ petitions came up for consideration along with W.P.(C)No.2293 of 2020, the learned Senior Government Pleader sought time to get instructions from the 3rd respondent Sub Collector, Fort Kochi, on the stand taken by the said respondent in paragraphs 4, 10 and 11 of the counter affidavit filed in W.P. (C)No.12173 of 2020 and on Ext.P8 relevant extract of puramboke register produced along with I.A.No.1 of 2022 in W.P.(C)No.12173 of 2020.
9. Today, when these matters are taken up for consideration, the petitioner in W.P.(C)No.12173 of 2020 has filed I.A.No.2 of 2022, seeking an order to permit the Cochin Devaswom Board and its officers to reconstruct the compound wall of Azhakiyakavu Devi Temple, as reported in Ext.P11 report dated 01.04.2022 of the Devaswom Officer, Azhakiyakavu Devaswom, addressed to the Assistant Commissioner, Thripunithura Group and also Ext.P12 W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 28 photographs of the existing compound wall. The petitioner has also filed I.A.No.3 of 2022, seeking an order to accept Exts.P11 and P12 as additional documents.
10. Heard the learned Standing Counsel for Travancore Devaswom Board, the learned counsel for the petitioner in the respective writ petitions, the learned Senior Government Pleader for the official respondents and also the learned counsel for the party respondents.
11. 'Deva' means God and 'swom' means ownership in Sanskrit and the term 'Devaswom' denotes the property of God in common parlance. [see: Prayar Gopalakrishnan and another v. State of Kerala and others - 2018 (1) KHC 536]
12. In A.A. Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482] a Three-Judge Bench of the Apex Court held that the properties of deities, temples and Devaswom Boards are required to be protected and safeguarded by their trustees/archakas/shebaits/employees. Instances are many where persons entrusted with the duty W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 29 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. This is possible only with the passive or active collusion of the authorities concerned. Such acts of 'fences eating the crops' should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation.
13. In Travancore Devaswom Board v. Mohanan Nair [2013 (3) KLT 132] a Division Bench of this Court noticed that in A.A. Gopalakrishnan [(2007) 7 SCC 482] the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The relevant principles under the Hindu law will show that the Deity is always W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 30 treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court therefore is the guardian of the Deity and apart from the jurisdiction under Section 103 of the Land Reforms Act, 1957 viz. the powers of revision, the High Court is having inherent jurisdiction and the doctrine of parents patriae will also apply in exercising the jurisdiction. Therefore, when a complaint has been raised by the Temple Advisory Committee, which was formed by the devotees of the Temple, about the loss of properties of the Temple itself, the truth of the same can be gone into by the High Court in these proceedings.
14. In Mrinalini Padhi v. Union of India [2018 SCC OnLine SC 667] - order dated 05.07.2018 in W.P. (C)No.649 of 2018 - the Apex Court noticed that the issue of difficulties faced by the visitors, exploitative practices, deficiencies in the management, maintenance of hygiene, proper utilisation of offerings and protection of assets may require consideration with regard to all Shrines throughout W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 31 the India, irrespective of religion practiced in such shrines. It cannot be disputed that this aspect is covered by List III Item 28 of the Seventh Schedule to the Constitution of India and there is need to look into this aspect by the Central Government, apart from State Governments. Section 92 of the Code of Civil Procedure, 1908 permits a court also to issue direction for making a scheme or making an arrangement for any charitable or religious institution. Accordingly, the Apex Court directed that, if any devotee moves the jurisdictional District Judge throughout the India with any grievance on the above aspect, the District Judge may either himself/herself or by assigning the issue/ matter to any other court under his/her jurisdiction examine above aspects and if necessary send a report to the High Court. The High Court will consider these aspects in public interest, in accordance with law, and issue such judicial directions as becomes necessary having regard to individual fact situation.
15. In Nandakumar v. District Collector and W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 32 others [2018 (2) KHC 58] a Division Bench of this Court noticed that the legal position has been made clear by the Apex Court as to the role to be played by the High Court in exercising the 'parens patriae' jurisdiction in Gopalakrishnan v. Cochin Devaswom Board [(2007) 7 SCC 482]. The said decision was referred to and relied on by a Division Bench of this Court in Travancore Devaswom Board v. Mohanan Nair [2013 (3) KLT 132]. In the said circumstances, the properties of the Devaswom, if at all encroached by anybody and if any assignment/conveyance has been effected without involvement of the Devaswom, securing 'pattayam' or such other deeds, the same cannot confer any right upon the parties concerned, unless the title so derived is clear in all respects. There cannot be any dispute that the remedy to retrieve such property belonging to the Devaswom is by resorting to the course stipulated in the Kerala Land Conservancy Act, 1957.
16. In A.A. Gopalakrishnan v. Secretary, Cochin W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 33 Devaswom Board [2018 (3) KHC 549] a Division Bench of this Court found that the task undertaken by the complainant to ensure that the property of the Devaswom is protected and preserved has ultimately brought out the plain truth that the said property was sought to be appropriated by strangers and that the property in Sy.No.1042/2 has been successfully retrieved by the Devaswom, based on the intervention made by this Court and also by the Apex Court [A.A. Gopalakrishnan - (2007) 7 SCC 482]. Proceedings have to be taken to a logical conclusion in respect of the land in Sy.No. 1043 as well. This is more so since in view of the 'parens patriae' jurisdiction being entrusted with the Court in this regard and there is a duty cast upon the Court to take every step to ensure that the property of the deity is protected.
17. The order dated 30.12.2013 of the Sub Collector, Fort Kochi, which is under challenge in W.P.(C)No.12173 of 2020 filed by the Cochin Devaswom Board (Ext.P6) and W.P.(C)No.6753 of 2020 filed by the Azhakiyakavu Devi W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 34 Temple Land Protection Committee (Ext.P7) is one issued pursuant to the direction contained in the order of this Court dated 27.08.2019 in DBP No.54 of 2019 (Ext.P5 order in W.P.(C)No.12173 of 2020), whereby the application dated 25.05.2019 (Ext.P4 application in W.P.(C)No.12173 of 2020) filed by the Cochin Devaswom Board to correct the entries in revenue records relating to the property in question having an extent of 9.41½ Acres, stands rejected for the reasons stated therein. Along with I.A.No.1 of 2022 in W.P. (C)No.12173 of 2020, the Cochin Devaswom Board has placed on record Ext.P8 relevant page of puramboke register maintained by the 5th respondent Village Officer, in order to show that the description of the land in Sy.Nos.613/1 and 613/3 is 'Devaswom Puramboke' in the puramboke register maintained in the Village Office, Rameshwaram.
18. As evident from Ext.R3(a) extract of the Tandaper Account No.29, the land comprised in Sy.Nos.613/2, 663/2 and 663/1 are in the name of W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 35 Azhakiyakavu Devaswom, along with other properties in different survey numbers. As evidenced by Ext.R3(b) extract of settlement register, the property in Sy.No.613/1 is shown as puramboke. In the remarks column, it is shown as 'Vela Veli'. Similarly, the property in Sy.No.613/3 is also shown as puramboke in that settlement register. In the remarks column it is shown as 'Vela Veli'.
19. The document marked as Ext.P7 in W.P(C)No.12173 of 2020 is a copy of the proceedings of the Dewan of Cochin, which is one dated 06.11.1922, whereby the Devaswom Superintendent and Dewan Peishkar are informed that the registry of all tanks, ulsavam grounds, roads and lanes attached to temples should be altered from 'Sarkar Puramboke' to 'temple puramboke', as in British India.
20. One of the contentions raised in W.P.(C)No.12173 of 2020 filed by the Cochin Devaswom Board, in order to challenge Ext.P6 order dated 30.12.2019 of the 3 rd respondent Sub Collector is that the said order is one W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 36 passed in violation of the principles of natural justice. As rightly pointed out by the learned Standing Counsel for Cochin Devaswom Board, Ext.P6 order refers to a report dated 22.08.2019 submitted by the 5 th respondent Village Officer. The Cochin Devaswom Board, the applicant in Ext.P4 application was not furnished with a copy of that report relied on by the 3rd respondent Sub Collector for rejecting the request made by the Board in the said application for correction of entries in the revenue records relating to the aforesaid property having an extent of 9.41½ Acres situated in Rameshwaram Village.
21. In Neelima Misra v. Harinder Kaur Paintal [(1990) 2 SCC 746] the Apex Court held that, an administrative order which involves civil consequences must be made consistently with the rule expressed in the Latin maxim audi alteram partem. It means that the decision maker should afford to any party to a dispute an opportunity to present his case. A large number of authorities are on this point. The person concerned must be informed of the W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 37 case against him and the evidence in support thereof and must be given a fair opportunity to meet the case before an adverse decision is taken. See: Ridge v. Baldwin [(1963) 2 All ER 66] and State of Orissa v. Binapani Dei [AIR 1967 SC 1269]. The shift now is to a broader notion of 'fairness' or 'fair procedure' in administrative action. As far as the administrative officers are concerned, the duty is not so much to act judicially as to act fairly See: Keshav Mills Co. Ltd. v. Union of India [(1973) 1 SCC 380]; Mohinder Singh Gill v. Chief Election Commissioner [(1978) 1 SCC 405]; Swadeshi Cotton Mills v. Union of India [(1981) 1 SCC 664] and M.S. Nally Bharat Engineering Co. Ltd. v. State of Bihar [(1990) 2 SCC 48].
22. Viewed in the light of the law laid down in the decisions referred to supra, conclusion is irresistible that the procedure adopted by the Sub Collector (Revenue Divisional Officer), while rejecting Ext.P4 application made by the Cochin Devaswom Board, after placing reliance on the report W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 38 dated 22.08.2019 of the Village Officer, Rameshwaram Village, without furnishing a copy of the same to the Board, is in clear violation of the principles of natural justice. On that sole ground, the order dated 30.12.2019 of the Sub Collector, which is marked as Ext.P6 in W.P.(C)No.12173 of 2020 and Ext.P7 in W.P.(C)No.6753 of 2020 cannot be sustained in law. It is for the Sub Collector, Fort Kochi, to take an appropriate decision on that application dated 25.05.2019 made by the Cochin Devaswom Board, strictly in accordance with law, after furnishing a copy of the said report to the Secretary of the Cochin Devaswom Board and also to other affected parties. The Sub Collector, Fort Kochi has to pass a reasoned order on the said application made by Cochin Devaswom Board, after adverting to the legal and factual contentions raised by both sides and also the law laid down in the decisions of the Apex Court and that of this Court on protection of Devaswom properties. Both parties shall be given a reasonable opportunity to produce documents in support of their contentions. W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 39
23. In the result, these writ petitions are disposed of, leaving open the legal and factual contentions raised by both sides, by setting aside Ext.P6 order dated 30.12.2019 in W.P.(C)No.12173 of 2020 (Ext.P7 in W.P.(C)No.6753 of 2020), and by directing the Sub Collector, Fort Kochi, who is the 3rd respondent in W.P.(C)No.12173 of 2020, to reconsider the application made by Cochin Devaswom Board (Ext.P4) to correct the entries in the revenue records relating to the property having an extent of 9.41½ Acres of land comprised in Sy.Nos.613/1, 613/2, 613/3, 663/2, 661/1 and 1499 in Rameshwaram Village, covered by Ext.P1 Thanathu Register of Cochin Devaswom Board, strictly in accordance with law, taking note of the legal and factual contentions raised by both sides and also the law on the point. The Cochin Devaswom Board and other affected parties shall be afforded with a reasonable opportunity to substantiate their contentions by producing relevant documents and they shall also be afforded with a reasonable opportunity of being heard. A decision as directed above W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 40 shall be taken, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment. The order of status quo granted on 24.07.2020 in W.P.(C)Nos.6753, 12173, 13816 and 13965 of 2020 with respect to the property involved in Ext.P4 application in W.P.(C)No.12173 of 2020 shall be maintained till the disposal of the said application by the 3rd respondent Sub Collector, as directed in this judgment.
24. The challenge made in W.P.(C)No.13816 of 2020 against Ext.P4 building permit granted to the 5th respondent and also the consequential reliefs sought for in that writ petition, are left open and the petitioner is at liberty to approach the competent forum against the 5th respondent, subject to the outcome of the application dated 25.05.2019 made by the Cochin Devaswom Board to correct the entries in the revenue records relating to the property in question having an extent of 9.41½ Acres in Rameshwaram Village.
25. The Cochin Devaswom Board has filed I.A.No.2 of 2022 in W.P.(C)No.12173 of 2020 seeking an order to W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 41 permit the Board and its officers to reconstruct the compound wall of Azhakiyakavu Devi Temple, as reported in Ext.P11 report dated 01.04.2022 of the Devaswom Officer, Azhakiyakavu Devaswom, addressed to the Assistant Commissioner, Thripunithura Group. The document marked as Ext.P12 is a photograph of the existing compound wall, which requires reconstruction.
It is for the Devaswom Officer, Azhakiyakavu Devaswom, to approach the competent authority in Kochi Municipal Corporation, seeking permission for reconstructing the damaged compound wall seen in Ext.P12 photograph, on the very same foundation. In case, any such application is received, after complying with the statutory requirements, the competent authority in Kochi Municipal Corporation shall consider the same and take an appropriate decision on that application, as expeditiously as possible. The order of status quo granted by this Court as above will not stand in the way of the Devaswom Officer, Azhakiyakavu Devaswom in reconstructing the damaged compound wall seen in Ext.P12 W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 42 photograph, on the very same foundation, after obtaining necessary building permit from Kochi Municipal Corporation. The Station House Officer, Palluruthi Police Station, who is the 7th respondent in W.P.(C)No.18492 of 2020, shall ensure that the order of status quo granted as above is complied with in letter and spirit, by all concerned, and that there is no law and order issues while the Devaswom Officer, Azhakiyakavu Devaswom reconstructing the compound wall on the strength of the building permit granted by Kochi Municipal Corporation.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE MIN W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 43 APPENDIX OF WP(C) 12173/2020 PETITIONER EXHIBITS:
EXHIBIT P1 TRUE COPY OF RELEVANT PAGE OF THE THANATHU REGISTER MAINTAINED BY THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. B. 300/2016 DATED 26.4.2019 PASSED BY THE SPECIAL TAHSILDAR, CDB.
EXHIBIT P3 TRUE COPY OF CDB REPORT NO. 35/2019 IN COMPLAINT NO. 64/2019 OF THE OMBUDSMAN.
EXHIBIT P4 TRUE COPY OF APPLICATION DATED 25/05/2019 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT (SUB COLLECTOR, FORT KOCHI).
EXHIBIT P5 TRUE COPY OF ORDER DATED 27/8/2019 IN DBP NO. 54/2019 PASSED BY THIS HONBLE COURT.
EXHIBIT P6 TRUE COPY OF ORDER NO. F 2407/2019 DATED 30/12/2019 PASSED BY THE 3RD RESPONDENT.
EXHIBIT P7 TRUE COPY OF PROCEEDINGS DATED 6TH NOVEMBER 1922 OF THE DIWAN OF COCHIN, THE GOVERNMENT OF COCHIN.
EXHIBIT P8 TRUE COPY OF RELEVANT PAGE OF THE PURAMBOKE BOOK MAINTAINED BY THE 5TH RESPONDENT EXHIBIT P9 TRUE COPY OF REQUEST DATED 07.08.2019 SUBMITTED BY THE DEVASWOM OFFICER, W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 44 AZHAKIYAKAVU DEVASWOM TO THE 3RD RESPONDENT EXHIBIT P10 TRUE COPY OF THE RELAVANT PAGES OF CHAPTER 9 OF DEVASWOM MANUAL EXHIBIT P11 TRUE COPY OF THE REPROT DATED 01.04.2022 ISSUED BY THE DEVASWOM OFFICER, AZHAKIYAKAVU DEVASWOM TO THE ASSISTANT COMMISSIONER, THRIPUNITHURA GROUP EXHIBIT P12 TRUE COPY OF THE PHOTOGRAPH OF THE EXISTING COMPOUND WALL, WHICH WAS DESTROYED AZHAKIYAKAVU DEVASWOM TO THE 3RD RESPONDENT RESPONDENTS' EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE THANDAPER ACCOUNT NO.29 EXHIBIT R3(B) TRUE COPY OF THE SETTLEMENT REGISTER OF RAMESHWARAM VILLAGE W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 45 APPENDIX OF WP(C) 13965/2020 PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE SETTLEMENT REGISTER.
EXHIBIT P2 COPY OF THE DEVASWOM THANATHU REGISTER.
EXHIBIT P3 COPY OF THE ORDER OF THE 3RD
RESPONDENT.
EXHIBIT P4 COPY OF THE REPORT OF THE OMBUDSMAN.
EXHIBIT P5 COPY OF THE ORDER IN DBP NO.54/2019.
EXHIBIT P6 COPY OF THE REQUEST OF THE 1ST
RESPONDENT.
EXHIBIT P7 COPY OF THE FILE NOTE OF THE RDO.
EXHIBIT P8 COPY OF THE ORDER OF THE 4TH
RESPONDENT.
EXHIBIT P9 COPY OF THE ORDER IN W.P.NO.649/2018.
EXHIBIT P10 COPY OF THE PURAMBOKE REGISTER
RESPONDENTS' EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE THANDAPER ACCOUNT
NO.29
EXHIBIT R3(B) TRUE COPY OF THE SETTLEMENT REGISTER
OF RAMESHWARAM VILLAGE
W.P.(C)Nos.12173/2020,
6753/2020, 13816/2020,
13965/2020 and 18492/2020
46
APPENDIX OF WP(C) 13816/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE PROCEEDINGS OF
GOVERNMENT OF COCHIN DATED
06.11.1922.
EXHIBIT P2 PHOTOCOPY OF ORDER PASSED BY THE 4TH
RESPONDENT DATED 26.04.2019.
EXHIBIT P3 PHOTOCOPY OF STATUTORY NOTICE DATED
26.04.2019 ISSUED TO THE 5TH
RESPONDENT.
EXHIBIT P4 PHOTOCOPY OF BUILDING PERMIT DATED
09.05.2018 ISSUED BY ASSISTANT
EXECUTIVE ENGINEER.
EXHIBIT P5 PHOTOGRAPH SHOWING THE PRESENT STAGE
OF THE BUILDING.
EXHIBIT P6 PHOTOCOPY OF THE REPRESENTATION DATED
24.06.2020 FILED BEFORE THE 1ST
RESPONDENT.
RESPONDENTS' EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE THANDAPER ACCOUNT
NO.29
EXHIBIT R3(B) TRUE COPY OF THE SETTLEMENT REGISTER
OF RAMESHWARAM VILLAGE
W.P.(C)Nos.12173/2020,
6753/2020, 13816/2020,
13965/2020 and 18492/2020
47
APPENDIX OF WP(C) 18492/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE SETTLEMENT REGITER
EXHIBIT P2 COPY OF THE DEVASWOM THANATHU
REGISTER
EXHIBIT P3 COPY OF THE ORDER OF THE 3RD
RESPONDENT
EXHIBIT P4 COPY OF THE REPORT OF THE OMBUDSMAN
EXHIBIT P5 COPY OF THE ORDER IN DBP .NO.54/2019
EXHIBIT P6 COPY OF THE REQUEST OF THE 1ST
RESPONDENT
EXHIBIT P7 COPY OF THE FILENOTE OF THE RDO
EXHIBIT P8 COPY OF THE ORDER OF THE 4TH
RESPONDENT
EXHIBIT P9 COPY OF THE INTERIM ORDER IN
WP(C)NO.13965/2020
EXHIBIT P10 COPY OF THE JUDGMENT IN
WP(C)32321/2019
EXHIBIT P11 COPY OF THE ROUGH SKETCH
EXHIBIT P12 COPY OF THE COMPLAINT
EXHIBIT P13 COPY OF THE COMPLAINT
EXHIBIT P14 COPY OF THE COMPLAINT
W.P.(C)Nos.12173/2020,
6753/2020, 13816/2020,
13965/2020 and 18492/2020
48
EXHIBIT P15 COPY OF THE COMPLAINT
EXHIBIT P16 COPY OF THE COMPLAINT
EXHIBIT P17 COPY OF THE COMPLAINT
EXHIBIT P18 COPY OF THE COMPLAINT
EXHIBIT P19 COPY OF THE COMPLAINT
EXHIBIT P20 COPY OF THE RECEIPT
EXHIBIT P21 COPY OF THE RECEIPT
EXHIBIT P22 COPY OF THE RECEIPT
EXHIBIT P23 COPY OF THE RECEIPT
EXHIBIT P24 COPY OF THE RECEIPT
EXHIBIT P25 COPY OF THE RECEIPT
EXHIBIT P26 COPY OF THE RECEIPT
EXHIBIT P27 COPY OF THE RECEIPT
EXHIBIT P28 COPY OF THE ORDER IN W.P.NO.649/2018.
W.P.(C)Nos.12173/2020,
6753/2020, 13816/2020,
13965/2020 and 18492/2020
49
APPENDIX OF WP(C) 6753/2020
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE APPLICATION DATED
25.05.2019, ISSUED BY THE 1ST
RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION DATED
07.08.2019, ISSUED BY THE 1ST
RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED
06.11.1922 PASSED BY THE COCHIN DIWAN PESHKAR EXHIBIT P4 THE TRUE COPY OF THE LETTER DATED
26.08.2019, ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 27.08.2019, PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN DBP NO.54/2019 EXHIBIT P6 THE TRUE COPY OF THE JUDGMENT DATED 18.12.2019, PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN WPC N.32321/2019 EXHIBIT P7 THE TRUE COPY OF ORDER DATED 30.12.2019, PASSED BY THE 3RD RESPONDENT EXHIBIT P8 THE TRUE COPY OF THE BASIC TAX REGISTER EXHIBIT P9 THE TRUE COPY OF THE SURVEY AND SETTLEMENT REGISTER OF RAMESHWARAM VILLAGE.
W.P.(C)Nos.12173/2020, 6753/2020, 13816/2020, 13965/2020 and 18492/2020 50 RESPONDENTS' EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE THANDAPER ACCOUNT NO.29 EXHIBIT R3(B) TRUE COPY OF THE SETTLEMENT REGISTER OF RAMESHWARAM VILLAGE