Document Fragment View

Matching Fragments

​ ​ 27.​ It is further contended that the Samithi, and the officers of the Malabar Devaswom Board placing reliance on Ext.P8 sketch claims that the properties purchased by the petitioners herein are Devaswom properties. Accordingly, the 2nd respondent in W.P.(C) No. 8572 of 2020, Taluk Surveyor, issued Ext.P9 notice to the petitioners. On these assertions, the petitioners in W.P.(C) No. 8572 of 2020 have preferred the Writ Petition seeking the following reliefs:
(I)​ Call for the records leading to Ext.P9 and quash it issuing a writ in the nature of certiorari;

47.​ In Nandakumar (supra), this court has reiterated the need for safeguarding and protecting the properties belonging to Devaswom if there is any encroachment. This Court in the said judgment held that the deity of a Hindu temple, being a perpetual minor, this Court can invoke its parens patriae jurisdiction to protect the property of the deity. The properties of Devaswom if at all encroached by anybody and if any assignment/conveyance has been effected without involvement of the Devaswom, the securing pattayam or such other deeds, the same cannot confer any right upon the parties concerned, W.P(C).25272/2015 & 8572/2020​ ​ ​ 35​ ​ ​ ​ 2026:KER:4121 unless the title so derived is clear in all respects.

"27. Devaswom properties.-Immovable properties entered or classed in the revenue records as Devaswom Vaga or Devaswom Poramboke and such other Pandaravaga lands as are in the possession or enjoyment of the Devaswoms mentioned in schedule I after the 30th Meenam 1097 corresponding to the 12th April, 1922, shall be dealt with as Devaswom properties. The provisions of the Land Conservancy Act of 1091 (IV of 1091) shall be applicable to Devaswom lands as in the case of Government lands."

66. We have carefully examined the issue in the light of the statutory scheme of the Kerala Land Conservancy Act, the Specific Relief Act and the W.P(C).25272/2015 & 8572/2020​ ​ ​ 44​ ​ ​ ​ 2026:KER:4121 allied enactments referred to above, and have also taken note of the authoritative pronouncements of the Hon'ble Supreme Court and this Court.

67. A reading of the scheme of the Kerala Land Conservancy Act makes it manifest that the remedy provided under the Act is intended to operate as a summary mechanism for eviction of rank unauthorised occupants from Government land. The applicability of this summary procedure to Devaswom properties flows from the deeming provisions contained in the TCHRI Act and the Madras HR&CE Act.