Kerala High Court
The Travancore Devaswom Board vs State Of Kerala on 21 August, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN YER HIGH CQURT OF KERALA AT BRNARILAN
PRESENT
TRE. HONOURABLE ME. JUSTICN ANIR EF. SARENDRAN
&
TRE HONQURABLE MR. JUSTICE B.G. AJITRRUMAR
WEONESDAY, THe 215) pAY oF AUGUST 2624 / GOTH SRAVANA, i946
WP. fC) NO. SO783 OF 2028
PETIT TLONER :
SEE TRAVANCORE DEVASNON BOARD
DEVASHOM READ QUARTERS, NASTANCODR .
TRIRUVANANTHAPURAN-GSS O03, REP. BY IT'S
SRCRETARE .
BY ADV G.SANTHOSH RUMAR (F)}, SC FOR TS
RESPONDENTS :
Re SPATE OF RERALG
REP .BY BRINCTPAL SECRETARY REVENUE (DEVASNON)
DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUN-
B9S8001.
2 SHE DISTRICT COLLECTOR,
COLLECTORATE, COLLECTORATE ROAD,
ANANDAVALLESWARAM, KOLLAM-~ 689645.
3 TNE DIRECTOR,
SUBVES & LAND RECORDS, SURVEY BEAVAN, COTTON
NILG, VASZHNTHACAUD, TRIRUVANANTHAPURAM~ 885014 .
EPC} Nos. 20783 arch 29026 of 2022
Pe
Be
Se
THse
TRE PANSTLDAR,
TALUR OFFICE, PUNALUR, KOLLAM, PIN -S91305,
ERR VILLAGE OFFICER .
ARARRAL VERLAGE OFFICE, EUNALOR, ROLLA ,
RSLIGS8.
DISTRICT TOURISM PROMOTION COURCTIN (DEC) ,
NEAR ESRPC BUS STAND, KOLLAM, BIN-SS8O538 REP BY
ETS SECRETARY .
YP ANTE ROMAR
AGED S44 YEARS, S/O.K.P.THRANKAPPAN FIELAL, SRER
SABART, ARACRAL, FRROMANNOGR P.O., ROLDAN
DISTRICT, BPAN-6S2 Sas.
BR AGIVHA RUMARY
AGED 45 YRARS, W/O. T. ANTE RUMAR, SHEER SABART,
ABACKAL, EEROUMANNOOR F.O.. ROLLAM DISTRICT,
PIN-SEL S32.
MW. SABARI NATR
AGED 46 YEARS, S/O.K8.G.MORANAN PILLAT, DALIYA,
MALAMED, BEROUMANNDOR P.O., BOLLAN DISTRICY, PIN
~ 8832 532.
&. RAMACRANDRAN NASR € ARCHAL RAMACHANDRAN NATE
AGED §8 YEARS, GENERAL SECRETARY, ARSHA
SANSTHASA ORARMA PARISHATH (REG.NO:
IV/37S/2011}) , ADMINISTRATIVE OPPICE,
RANYARULANGABA DRVASOM, VEMBAYAN BO. .
TRIRVVANANTHSPURAN ~ 695 615, RESTOING
STMANALIPACHA, MANALI F.O, YEROOR, ARCHAL ,
ROLLAN, PIN : 685 628.
*RODL RY TO RS ARE IMPLESDED AS PER ORDER DATED
L8.07. 20228 IN T.A.1/2082 IN WE(C) S078 3/2088.
*eADOL RIG IS IMPLEADSD AS PRE ORDER DATED
SGfO6/S023 IN TA 2/2083 IN WEE 2OTSI 2022.
BY APYVS.
RG BY ANY. GRORGE A. CRERTAN
BS BY ADV. TROMAS M.GACOR
RO BY ALESY AUGUSTINE
R? TO RS BY ADV VR. ANY
RY TO BS BY ADV. SHABANA SHIRAR
Rio BY APY B.MORANTAL
Rid BY ASWIN V. NATR
Rig BY ADV. .P.8.PREETRA
SEIS WRIT PETITION ({([C3VIL} BRAVING COME UF FOR
PINAL REARING QH 2h 08 2024, ALONG WITH
WE(C) 28826 /2028, THE COURT ON TRE SAME DAY DELIVERED
TRE POLLOWING :
WIPYCY Nos 20°83 and 28926 of 2022
IN PEE KBIGR COURT OF KERALA AT ERNARULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
TRE HONOURABLE MR. JUSTICE B.G. AGITHRUMAR
WEDNESDAY, TRE 21°' pAY oF AUGUST 2024 / 309 SRAVANA, 1946
WLP. Oe) NO. 2e9R6 OF 2oS2
PETITIONERS :
1 UNNIKETSRNAN
AGED 48 YEARS, 8/O, GOPINATRAN PIULAT,
KARICKATHIL PUTHENVERDU, ARACKAL, PEROMANROOR
P.0., VALAROM, ROTTARARKARA-691 542, SECRETARY,
ARACKAL KSHETHRA SAMRARSHANA SANMTTHT
(REG .NO. 3L89/193 .
2 VESENY .G. , ;
AGED 31 YEARS, 8/0. THULAST AMMA, ROCHUVEED ,
MALANEL, BPERUMANNOOR F.O., VARABOM ~6S2 5232,
BY ADVS.
R.RRISENA RAS
R. PRATHEESR
&.8.S80NT
RUMART SANGEETHA & NAIR
RESMT A.
RES EONDENTS :
3 STATE Of RERALS,
REPRESENTED EY ITS SECRETARY TO GOVERNMENT ,
DEPARTNENT OF REVENDE, RSRALA GOVERNMENT
SECRETARIAT THIRUVANANTHSEURAM - 895 O01.
BEY hy 6 TaN
Bee
Naas
x we
SS .
BR
POLO Move PRS STE AE ROI
WIRCC) Nines. 20753 and 28936 of O82
ast
3
send
10%
2ie*
TRAVANCORE DEVASHON BOARD ,
DEVASWON READQUARTERS NANDANCONDE ,
THIRUVANANTHASURAN- 885003, REPRESENTED BY IF'S
SECRETARY .
ASSISTANT DRVASNOM COMMISSTONER,
TRAVANCORE DEVASWOM BOARD, ROTTARARARBA GROUP,
ROPPARARARA P.O., RQLDAM-S81 SOS.
SUB GROUP OFFICER,
TRAVANCORE DEVASNOM BOARD BPOLTCODE SUS GROUP,
BOL ICQDE-SS1T532 .
TRE BISSRICT CORLECTOR,
CORLECTORATS , CIVER STATION BOQAD, RANGATHY
MURED, KOLRAN-S82 013.
YHE DIRECTOR, SURVEY & LAND RECORDS.
SURVEY BRAVAN, THERUVANANTHAPUIRAN- 688014.
TER TAHSILOAR ,
TALUS OFFICE, PUNALUR, ROLLAM-S32 308.
TRE VILLAGES OFFICER, ABARRAL VILLAGE OFRICE ,
BUMALUR, ROLLAM-~S91306.
DISTRICT TOURISM FROMOTION CCoINCIR,
NEAR RSRTC BUS STAND, ROLLAM- 890536 ,
REPRESENTED BY IT'S SECRETARY.
BIay A.
S/O. KR. ANTRUDEAN, AGED SO YRARS, EX-PRESIDENT,
ARACKAL DEVI TEMPLE ADVISORY COMMISTER ,
FPERUMANNOQOR F.O., KOLLAM 681532, RESTDING AT
NANDBANAN, EDAYAM P.O. , KROULELSN-&82 532.
Y ANTLRUMAR
AGED 34 YEARS
S/O. K.P. TRANKAPPAN PILLAL, SEES SABARI,
ARACKAL, BERUMANNOOR B.O., ROLLAM DISTRICT,
BIN~ 681532.
We SOA Mee COTO ans GGT AR Oe
WEL Nos 2OPSS and 29ES6 af 2022
L2¥* BR. AGITHA RUMARY
AGED 45 YEARS
wW/S. T. ANETL KUMAR, SREE SABART, ARACKAL,
PRERUMANNOCH P.O., ROLLAM DISTRICT, PIN-&8283a.
i2%* MM. SARARY NATE
AGED 46 YEARS
&/O. K.G.MONANAN BILLALT, BDALIYA, MALANEL,
PRRUMANNOOR P.O., ROLBAM DISTRICT, PIN- 8538.
STS IMPLEADED AS ADDTTIONAL RIO AS PER THES
ORORR OATEHO 2T.OL. 2023 IN TA. L/2022.
e*ADDITIONAL Ril TO RLS IMPLEARED AS PRE THE
ORDER DATED 27.01.2023 IN T.A. 3/2028.
BY ADs .
Ri, BRS PTO RE BY SRI. BANTERUMAR, SR.GP
R2 TO Ba BY &.SANTSOSR RUMAR (CB), SC, POR
R8 BY ADV. GRORGE A. CHERTAN
RY BY ADV. AGERY AUGUSTINE
RIO BY ADV. B.MONANLAT
RIG BY ADV. .ABIUITH M.
Ril TO RIS BY ANY. THOMAS N.CACOB
THIS WRIT BETISTTON (CIVEL) BRAVING COME UP FOR
FINAL REARING ON ai. G8. 2024, ALONG WITH
WEEC) 20785 /2022, THE COURT ON TRE SAME DAY DSLIVERED
TRE POLDLOWING :
WELC} Nos. 20783 and 20026 of 2022
ANIL K. NARENDRAN & P.G. ATITHKUMAR, J).
PRO IO OE ROM OOK POT OD IPO ROR DOL OOK BN BOE ROD NOD 1D OO OE OK AE SOE NE NOE NRE DEY AIRE SAE WEEN ELL A AAT RAY NAD SAR GO. SNA TANS AN NAD APO RRP GD ON OO DOK PT BRD BOD OD OL ORK DOK 2G
FOO OE OS QOL AK DOK FOE RO 3D GO OE BE SRE ARE RE HER CE RS SAE RR a A WUE BELL OU AE 200 OO OO OL OOK 90K DOD 290 LO TOD OO OOK ODE OC DOT OO 100 OO Or GOT DOE DOE NOS
Dated this the 21" day of August, 2024
COMMON JUDGMENT
BG. Allthkumar, J.
WP iCiNea. 20783 of 2022 The Travancore Devaswom Board fled this writ petition seeking @ writ of certiorari to quash Ext.P4 proceedings dated 28.03.2018 issued by the 2°° respondent District Collector, whereby permission was granted te the 6" respondent District Tourism Pramotion Council to use the property, which includes the Devasworm property, for the implementation of Malamel Tourism Project and eExt.PS thandaper cancellation proceedings dated 29.01.2022 issued by the 5° respondent Village Officer to the extent it violates the judgment of this Court in DBP No '6 of 2009. The petitioner Ras alsa sought for consequential reliefs including a declaration that the act of the 2°° respondent in including the properties of the Davaswom in the Malamel Tourism: Project without the knowledge of the petitioner is Nlegal.
Be WARLEC) Nos 2O%RS and 29926 of 2032 1.1. On 08.08.2022, when this writ petition came up for consideration, this Court passed an interim order rastraining the 6° respondent District Tourism: Pramotion Council fram undertakin ng any activity whatscever on 6.96 Acres of land eoverad by Ext.Pi extract of Devaswom Land Register The said interim arder is stHl in force.
VE CCING S289O86 of 2028 s. This writ petition is filed by two devotees of Malame! Temple seeking @ writ of mandamus commanding the Travancore Devasworn Board to identYy 2.66 hectares (6.57 Acres} of land comprised in Re-survey No.258/1 of Arakkal Village by conducting @ proper survey and take sppropriate steps to remove the encroachment and orotect that 2.56 hectares of land so as to rnake sure that the property is {n the possession of the Devaswam., 2.1, On 02.12.2022, when this writ oetifian came up for consideration, ff was submitted by the isarned Senior Sovernmient Pleader that, if found necessary, @ joint survey could be conducted in the presence of the concerned officials of the Travancore Devaswam Board.
22. By the order dated 23.12.2022, ts Court directed the Tahsiidar, Punalur to conduct @ faint survey of the Devaswom fand, with notice to the concerned officer of the Travancore Devaswoarm Soard and aiso the District Tourism Prametion Council (OTRO and submit a report before this Court, within six weeks. Along with a memo e.
dated 19.05.2023, fled Sy the learned Senior Government Pleacder, detailed property lst and survey sketch prepared by the Taluk Surveyor were placed on record in WRC) No. 20783 of 2022.
3.3. The 7° ressondent in WR CC}No. 20783 of 2022 has Filed an objection dated 12.05.2023 to the aforesaid graperty y list and the sketch of the Taluk surveyon The learned Special Government Pleader (Revenue) fas filed a report dated 7.06.2023 of the Tahsiidar(LR}, Punalur oroducing therewith fost, Annexures R4fa} to RAG} documents. The document marked as Annexure Rafa} is the sketch orepared by the Taluk Surveyor, which has already bean placed on record along with the memo dated 19.05.2023.
WELEC) Nos 20783 and 28928 of 2022 WPCC) Nos 20783 and 29926 of £022
3. The 6° respondent DTPC fas fled a counter affidavit dated O1.08.2023 In WIRCCING. 20783 of 2022, oroducing therewith Exts.R6(a}) and R&Cb} documents. Along with a memo dated 07.08.2023, the bye Iaws of the District Yourism Pramotion Counc, which is a@ saciety registered under the Travancore, Cochin Literary, Scientific and Charitable Act, 1955 was placed on record. On the plea of the R &° respondent to vacate the interim order dated O8.08.2022 In WRICING, 20783 af 2022 Chk S court heard the arguments of the Jearned Standing Counsel for Travancore Devaswom Board far the petitioner in W.RCC}No.20783 of 2022, the learned counsel for the setitioners in WOR CONG 29926 of 2022, the learned Special Government Pleader (Revenue) and the learned counsel for the party respondent.
4. Waving considered the materiais on recard and alse the submissions made at the Bar, this Court held that the interim order dated O8,.08.2022 in W.RCCING. 20783 of 2022 was not lable to be vacated. However, if was clarified that the activities of the 6° respondent DTPC had te be confined to the land im Survey Nos. 245/11, 2485/5 and 246/46, marked with green ink In the survey plan. The shap erected by the 6° respondent in Survey Na. 245/2 was allowed to continue there for the ime being, if it was one put up with the permission of the State Government and after obtaining necessary bullding pernmut fram the concerned Local Self Government Institution it was directed that the 6" respondent should not undertake any activity an the land in Survey Na. 2444/2.
S. Heard the learned counsel for the Standing Counsel for the Travancore Devaswom Board, the learned counsel for the petitioners in W.PCC} No. 29926 of 2022, the learned counsel appearing for DTPC, Kollam and the party respondents, & The reliefs claimed in W800} No. 20783 of 2022 are as follows:
"€:) Issue a writ of certiorarl calling for the records leading to Ext.Pa and Ext.PS issued by the 2° and 6% respondents and fo quash the same as the same violates the judgment rendered in [.B.RNo.?6 of 3009:
{fi} Issue a writ of mandamus or any other anoropriate writ or order directing the 1° and 2° respondents to camsider Ext.PiO and Ext.Pii in the dght of Ext.Pi and aiso taking note of the anplicablity of Section 2 of the TCHR &ct:
GH) To declare that the act of the as including the progerties of the Devaswam in the Malsme! Tourism Froject without the knowledge of the getitioner as Hegal:
flv} Issue a writ of mandamus or any other appropriate writ ar order directing the respondents to ensure that all encroachments in the Termofe property are rernoved in a time bound manner"
The relief claimed in WABCO) No.g9926 of 2022 is the following:
"Direct the Devaswor Board fo identity 2.65 hectares {6.$7 Acres} of land Dy conducting @ proper survey and take aAnprogriate stems ta remove the encroachment and oretect 2.66 Aectares situated in Re-survey No. 258/1 of Arakkal Vilage so as to make sure that the praperty is in the possession of the Devaswom by fhe issue of a writ of mandamus or such other writ or order or direction".
7, The order dated 08.08.2022 in W.R.(C Na. 20783 of 2022 is one issued with reference fo Ext.Pi extract of Devaswom Land Register, whereby the 6° respondent-DTPC was restrained from undertaking any activity whatsoever on 5.96 acres of Jand cavered by that docurnent. In terms of the i WER LO) Nos. 20783 and 29926 af 2022 directions contained in the order dated 13.12.2022, a jaint inspection was conducted and the survey plan prepared by the Taluk Surveyor was placed on racard. The land handed over to DTPC is specifically marked In survey plan with green ink, As evident fram the survey olan, the land in survey Nos.245/1, 245/5 and 246/4 in Arakkal Vilage were Nanded Y over to the BTRC, oe The Jand in Survey Ne.2s5/2 Cold Survey No. 249/47) Is covered by Ext.Fi Devaswom Lard Register The said land is separately shown in the survey plan. Though the land In Survey No.245/2 is nat handed aver to OTPC, they have gut uo a shop in that area, which is marked in the survey Glan. Certain encroachments made by private parties are alsa marked with red ink in the survey olan.
9, Tre learned Senior Government Pleader would submit that on accaunt of the pandency of these writ petitians oraoceadings are yet to be initiatecd against those private encroachers.
ig. Tt is certain that na part of the Devaswom land in Survey No. 258/1 and aise in the name of Kalamandal Moorthy WAPCED Nos. SQ 783 and 28928 of A022 Narayanan Namboothiripad, which is in Survey Nos.245/8, S58/2 and 3588/3 could be used in cennection with the activities of OYPC. OF course, through the blue dotted line in the survey glan there is a passage. Using the sare by the OTPC and people caming there cannot be restrained as of now. All the same, DTPC cannot use any land other than that has been allotted to it by the State Government.
ti. The 4" respondent in WRC} No 2Or83 of 2022 fled a counter-affidavit explaining the area of land carmprised ifi various survey numbers. I was stated that Thandaper No. 2604 was cancelied since the Devaswom Goard could mot praduce any document to substantiate [is tte to the said property. Therefore, By canceling the said Thandaper account, the property is retained as Gavernmentl purambdoke. The property covered by Ext.P4 praceedings allotting nrapertiegs to the DTRC Rave been described in [he counter- affidavit.
ig. Im the report submitted by the Tahsiidar Punalur, the findings In the joint survey operation have been narrated.
Paragraph Nos.5 ta 14 in the report read,-
WPL} Nos, 20783 and 28926 of 2022 "S. Subsequently the survey tearm submiltfec thelr sketch with respect ta the survey conducted on 14.3,.8023, 4 true copy of the sketch submitted by the Surveyor dated 09.06.2023 is sroduced Nerewlth and marked as Annexure Ré(a}. On verification of the survey sketch, 2 1S Seen that the property in which the Maiamel Temple and its premvuses ars comprised in Resuyey No.258/) (aid Survey No. 336/28-21) and Slock No. 30 of Arackal Village. In the settlement register the old a Sy.Nagaa/i-t is recorded as Puramboke having and extent of 154.83 Acre. The abave Survey Ne. is not oe included in the gazette notification presented by the Devaswom Board authorities, Moreaver it is found that an extent of 02.02 Ares of Tharisu land caripriserd in re- survey WNo.2é5/? fold Sy.No.251/9) has been encroached by the Terngie Authorities and constructed a sub Deity Temple therein. A true copy of the photographs showing the temple constructed in survey No.258/1 is produced herewith and rnarked as Annexure Ra(b}. A true copy of the photograchs showing the upadevalayam constructed in 5y.No.245/7 iS produced rerewith and marked as Annexure Ra{c), & It is submitted that In the sketch the property handed aver ta OYPC comprised in Sy.No.e45/t, 345/5 and 246/4 have clearly earmarked. The properties comprised in Sy.Nos.245/2, 2598/1 and 345/" are shown as Government iands Csarkar/Tharisu}. The properties comprised In Sy. No. ee5/3, 2695/4 and 245/56 are shown as private properties. The properties mentioned 2568/2, 258/53 and 245/8 are shown as properties of Kalamandal Moorthy Narayanan Narmboothiripad. The pronerties comprised in Sy. No. 258/4 is a pond ¥. The OTS Ras constructed an office bilicing In Sy. No.gé5/1 and shag room in Sy.No. 245/32, A true copy of the photogranhs showing the office building as well as shoo roam are oroduced herewith and marked as Annexure R4éid) and Annexure R4é{e} respectively, Mato portion of the encroached land comprised in Sy. No.245/7 Is used for rubber cultivation. A true capy of the shotocraphs showing the rubber cullivation in Sy. No. 245/7 I8 produced herewith and marked as Annexure RAY). The shotogranhs shawing the present lay and nature of the oromerty are oroduced Rerawith and Marked as Annexure R&ig).
8. lf is submitted that the property comprised in Sy. No.245/1, 2445/5 and S486/4 are recorded as Government land in the basic tax register A true capy of the relevant pages of basic tax register in farm-F is produced herewith and marked as Annexure R4th). This mroperty iS uncer the contral of the DTPRC.
9, Ty is submitted that the progerty cornprised in Sy. No.245/3 has been transferred to Sarkar Tharisu cancelling the Thandapper No.2604 Oy the Tahsidar (LR), Punaiur by Ais order AS-20669/2019 dated 2i.O2. 2019.
10. Tf is submitted that the property comorised In 258/1 loca WR (CO) Nos. 20783 and 89986 af 2022 also is recorded as Governrnent land in the basic fax register A true copy of the relevant page of the basic tax register In form 'F' fs procuced herewith and marked as Annexure Rd}. If can be seen from the above document that the properties comprised in Re. Sy. No. 2586/2, 2584/3 and 245/8 are shown as orivate lands belanging tO Kalamandai Moorthy Nareyansn Namboothiripad.
Li. The property comprised in R.S.No.245/? is shown 3 Gavernment land and the oreperty carnprised In 245/8 is shown as the proagerty of Kalamandal Moorthy Narayanan Namboothtripad,
12. It js stated In the survey report that an extent of 11.88 Ares of land comprised In re-survey No.245/8 (old Sy. Na.2541/6) is recorded in the name of Kalamandal Moorthy Narayanan Namboothirisad of Mylathy Oesam British Pormant Taluk and the western part of the land, near the boundary of Sy. No. 245/6 is utliged as a way to the Sarkar Puramboke and as a public way by the inhabitants whe is residing In the praonerty comprised in Sy. No. 24/8,
13. Qn serusal of the survey report and Vilage records made it clear that the land comprised in Re-survey No.d5/2, claimed by the Oevaswom Board authorities is included in the Sarkar YTharisu. The above Jand comprised In Survey No.245/8 has not been transferred ta the DOTPC Authorities as alleged by the petitioner
14. In the fight of the above survey report it is clear that tek corrected the classification of land as Sarkar Tharisu vide proceedings No. Ad5-20660/2019 dated 21.2.2019 of Yahsiidar €LR3 is legal and valid. Even though the above land is mentioned in the same of Moorthy Narayanan Namboothiripad under Thandaper No.2604 of Arackal Vilage records, the Devaswain Board autharities had not submitted any docurnents fo srave their tite aver after issued several natices
13. The 6" respondent-DTPC fled a counter affidavit dated 01.08.2023 maintaining that the properties allotted to it as per Ext.P4 alone have been in iis possession. Hf is averred that no Temple property has bean trespassed upan by the it. Tt is also pleaded that mo property setiled In the name of Sri.Moarthy Narayanan Namboothiripad was allotted te it.
i4. In W.P.CC)} No.29926 of 2022 respondent No.? Tahsiidar, Punalur, filed an affidavit dated i4.11.2028. Respondent Nos.1i to 13 also fled a counter-affidavit wherein it is alleged that the petitioners have no bone fides in Ming this writ petition and their intention is to see that a crusher and quarry unl earlier conducted in the sropertics adjacent to Arakkal Temple are continued. These respondents also explained about the jand in possession of the Temple and the necessity to creserve it as intact. The 9° respandent-DTPC fled a counter-affidavit raising contentions almost in similar terms as raised in its counter-affidavit in W.RUC} No. 20783 of 2022. Additional counter-affidavits were aiso fled by respondent Nog, | i5. From the report submitted by the Tehsildar, re-survyey No.258/1 (ald Sy. No.333/28/21), Tk was further reported that the Sub Delty of the Temple exists in the property comprised in re-survey Nos. 245/7 (old Sy. No. 2531/9}, which is shown as Tharisu jand in the revenue records. The office building of the DTRC is In the property comprised in Sy.No.g45/1 and ifs shop is in the property comprised in survey No.245/3. The sreas of the Puramboke land was trespassed upon and reduced into private occupation are alse described by the Tahsidar in the report. The respective areas narrated in the report have been demarcated in the sketch appended to the report, which is Annexure R4é(a).
et WIRCCY Nos 20783 and 29928 of S028 i6. In the light of the sald report and the survey, it is seen that the DTPC is in possession of the land that has been allotted fo it ss per Ext.P4 produced in WPCC) No. 20783 of 2022, The specific claim of the Travancore Devaswom Board is that Ext.P4 and aise Ext.P8 as per which Thandap ant No. 2604, which was in respect of the property camprised in Sy. No.245/2 was cancelled and necessary correction in the revenue records in arder for establishing the thle of the Travancore Devaswom Board over the properties comprised in Sy.No.2éh/2 and also the other properties allotted to the DYRC is Hable to be carried out. For that purpose, it has aiready submitted Ext. Pi0 letter ta the Government. [t is only apposite in that circumstance to direct to take a decision on Ext.PlQ expecitiously Whether cancellation of thandaper
-ount No.2604 a8 per Ext.PS is correct, any property originally belonged to Malamel Temple has been described in the revenue records as puramboke/tharisu land and any such property | is inciuced in the land allotted to the DTPC are to be decided by the Government whic cansidering Ext Pid representation. A decision in that regard shall be taken after we AA EEE EEE DEPP BPE A DED, WRLC) Nos 2O7SS and WIGSS of eee hearing all concerned within a time frame.
id. In the aforesaid circumstances, these writ petit are disposed of as follows wee, anaes Monae dir The i respandent in W.RCC} No.20783 of 2022 is directed to consider Ext.PiO letter dated 23.04.2022 af the Travancore Devasworm Board after giving an opportunity of being Heard ta the parties to these writ petitions and take a decision within 4 periad of three months from the date of receipt of a certified copy of this judgment.
The interim order granted by this Court as per order dated 08.08.2022 and modified as per the order dated 10.08.2023 shall be in force til the 1" respondent takes a decision an Ext.PiO: and A colour copy of the survey sketch, Annexure Rafa} shall farm part of Chis judgment.
ANIL K. NARENDRAN, JUDGE B.G. ANTITHRUMAR, JUDGE WPCC} Nos. 2078S and 29986 of 2022 APPENDIX OF WRC) 207 BS /2028 PETITIONER EXELTRITS RANISIT ERRIRIT RARTRIT RANIBIT BRETEIT BARTBIT BSARIBIT EERTRIT RARIAIT Pi Pa tg tus Pe 333 in #3 a er BR FROE CORY OF THE RELEVANT EATRACT OF DEVASNOM LAND REGISTER RATES NIL.
TRUE GOPE OF RE BETTER DATED 23 fOL (2015 ESSUED RY TRE BPs RESPONDENT f"O THE SND RESPONDERT GBTAINES AS PER RTT Act.
TRUE ROPE OF TRE IES TER DATED O5/10/2017 LSSUED BY TRE ars RESPONDENT TO THE Z2ND RESPONDENT .
TRUE COPY OF THE FROCEEDINGS DATED 28/03/3018 OF THR END RESPONDENT OSTAINED AS PER TRS RIT ACT, 2008.
TRUE COBY OF TRE LETTER DATED 2ifs1Oseo20 ESSURN BY THE ASSISTANT BEVASWOM COMMISSTONER, ROTTARARARA TO TRE DEVASHOM COMMISS TONER .
TRIE CORY OF THE LETTER DATED LksHaf262) ESSEN BY (THE ASSISTANT DEVASNOM COMMISSIONER, ROTTARARARA TO THE DRVASNON CONNTSSIONER .
TRUE OEY OF TRE SETTER DATED Ov flefzZ021 . TSSVEH BY TRE SPRCTIAL TARSTLDAR wo THR DEVASHON DOMNI SSTONER .
THOR COPY OF TSE UTRANDSPER CANCELLATION PROCEEDINGS DATED S8fOLf20s2 ESSUED BY TRE STH RESPONDEN? .
TRUE Copy oF THE ORDER DATED S6/OS/2082 ISSUED BY TRE ASSISTANT SECRETARY OF THE TOR.
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