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Kerala High Court

Sri. H.N. Vijayan vs The Devaswom Commissioner on 31 August, 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
               Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944
                                   DBP NO. 47 OF 2020

IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB REPORT NO.41/2020 IN COMPLAINT

NO.177 OF 2019 - MATTER RELATING TO THE FIXING OF GROUND RENT FOR THE TEMPORARY

STRUCTURE BUILT BY THE PETITIONER IN THE LAND OF MAVELIKKARA DEVASWOM -

SUPPRESSION OF THE FILE AND NON - PRODUCTION OF THE SAME BY THE AUTHORITIES -

SUO MOTU PROCEEDINGS INITIATED - REG:

                                      --------


PETITIONER :

      SRI. H.N. VIJAYAN

      CINDRALLA, EAST FORT, MAVELIKKARA -1



      BY SRI. K. SASIKUMAR, Advocate for the complainant

RESPONDENTS:

1.    DEVASWOM COMMISSIONER

      TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST

      THIRUVANANTHAPURAM-695003

2.    THE JOINT DIRECTOR,

      KERALA STATE AUDIT DEPARTMENT, TDB AUDIT,

      THIRUVANANTHAPURAM-695003



      BY ADV.SRI.G. SANTHOSH KUMAR, SC, TRAVANCORE DEVASWOM BOARD

      BY GOVERNMENT PLEADER FOR R2

      BY ADV.SRI.P.RAMACHANDRAN, AMICUS CURIAE FOR OMBUDSMAN

     THE DEVASWOM BOARD PETITION HAVING COME UP FOR ORDERS AGAIN ON 31/08/2022,

UPON PERUSING THE PETITION AND THIS COURT'S ORDER DATED 07/06/2022, THE COURT ON

THE SAME DAY PASSED THE FOLLOWING.
                             APPENDIX IN DBP 47/2020

ANNEXURE A17: A TRUE COPY OF THE AGREEMENT DATED 27/06/2019 EXECUTED BY THE
COMPLAINT WITH THE ASSISTANT DEVASWOM COMMISSIONER, MAVELIKARA GROUP
                 ANIL K.NARENDRAN & P.G. AJITHKUMAR, JJ.
                          ------------------------------
                              DBP No.47 of 2020
                       -----------------------------------
                  Dated this the 31st day of August, 2022

                                      ORDER

Anil K. Narendran, J.

Heard the learned counsel for the petitioner, the learned Standing Counsel for Travancore Devaswom Board and also the learned Amicus Curiae for Ombudsman, on the clarifications sought for.

The learned counsel on both sides would submit that, the monthly licence fee and also the plinth area of the additional construction are not mentioned in Annexure A17 licence deed dated 27.06.2019.

Reserved for order.

List on 14.09.2022 at 4.15 p.m. for orders.

Sd/-

ANIL K.NARENDRAN JUDGE Sd/-

P.G. AJITHKUMAR JUDGE yd 31-08-2022 /True Copy/ Assistant Registrar