R. Manohara Warrier and others v. State of Kerala and Travancore Devaswom Board and Travancore Devaswom Commissioner

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Ashok Bhushan
A. M. Shaffique
Judgment Date: 2014-11-22
Court Decision / Holding: The writ appeal is dismissed.
Final Disposition: Dismissed

Parties to the Case

Appellants / Petitioners

R. Manohara Warrier
M. Sasidhara Warrier
M. Vijaya Kumar
S. Ayyappa Kurup

Respondents

State of Kerala
Travancore Devaswom Board
The Devaswom Commissioner, Travancore Devaswom Board

Legal Representation & Advocates

Counsels for Petitioners

• Bindu Sreekumar
• Leena Murali

Counsels for Respondents

• P. I. Davis
• D. Sreekumar
• K. N. Venugopala Panicker

Case Synopsis & Summary

This writ appeal challenges a 21 May 2009 judgment of the learned Single Judge in WP(C) No. 3229 of 2006, subsequently dismissed on appeal. The four petitioners (managing or associated with the Thakazhi Dharma Sastha Temple under the Travancore Devaswom Board) had claimed Karanma or hereditary rights in Service Inam lands and sought parity with departmental kazhakam, including arrears, salary enhancements, pension and related benefits from 6/1981 onward. They argued that despite the Kerala Service Inam Lands (Vesting and Enfranchisement) Act, 1981, vesting of rights in the Government and abolition of service obligations, there should be a continued or equivalent grant of benefits for those who served post-1981 as departmental kazhakam, or at least pension rights upon retirement. The State and the Devaswom Board argued that the 1981 Act created a clear vesting in Government and abolished service obligations, with a defined compensation provision, and that a valid classification existed between departmental kazhakam and petitioners. The High Court agreed with the Single Judge that the classification was valid and found no error warranting interference, dismissing the writ appeal. The judgment notes reliance on an earlier Division Bench decision, Travancore Devaswom Board v. Chellappan Pillai, as part of its reasoning.

Provisions of Law Cited

The Kerala Service Inam Lands (Vesting and Enfranchisement) Act, 1981Section 3: Vesting of the rights of landowners in Government and abolition of servicesSection 4(1): Amount to be paid by the Government

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that they and their families hold Karanma rights in the Service Inam lands and that, despite the 1981 Act vesting such lands in the Government and abolishing service obligations, they should be granted the same benefits as departmental kazhakam, including arrears of salary and pension from 6/1981 onwards. They urged the court to interpret the vesting provisions as the basis for extending benefits or to quash Ext.P4 (and related orders) to ensure fair treatment against analogous departmental posts.

Contentions of Respondents

The respondents contended that Act 1981 unequivocally vested rights in the Government and abolished service obligations on landowners, with compensation as specified. They argued classification between departmental kazhakam and petitioners is valid, and petitioners do not qualify for the benefits accorded to departmental kazhakam since their terms of service were affected by the vesting provisions; the reliefs sought are contrary to statutory scheme and the court should uphold the policy of vesting and abolition.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Travancore Devaswom Board v. Chellappan Pillai	1988 (1) KLT 16	Mentioned Only	Cited and adverted to in the judgment, but not used as a binding ruling; the court relied on its own analysis of the 1981 Act and classification.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **SATURDAY, THE 22ND DAY OF NOVEMBER 2014/1ST AGRAHAYANA, 1936** ## **WA.No. 2446 of 2009 ( )** **-----------------------------------(AGAINST THE JUDGMENT IN WP(C).NO. 3229/2006 DATED 21-05-2009)** **-----------------** ## **APPELLANT(S)WRIT PETITIONERS :** **-----------------------------------------------------** **1. R.MANOHARA WARRIER, KAZHAKOM(RTD), THAKAZHI DHARMA SASTHA TEMPLE,** **TRAVANCORE DEVOSWOM BOARD, RESIDING AT THEKKEY WARRIAM, THAKAZHY.** **2. M.SASIDHARA WARRIER, KAZHAKOM(RTD),** - **THAKAZHI DHARMA SASTHA TEMPLE, TRAVANCORE DEVOSWOM BOARD, RESIDING AT VADAKKE WARRIAM, THAKAZHY.** **3. M.VIJAYA KUMAR,KOMBU (RTD), THAKAZHI DHARMA SASTHA TEMPLE, TRAVANCORE DEVOSWOM BOARD, RESIDING AT KIZHAKKE VALOOR, CHAGAMKARY.** **4. S.AYYAPPA KURUP, SAMAPTHI (RTD),** **THAKAZHI DHARMA SASTHA TEMPLE, TRAVANCORE DEVOSWOM BOARD,** - **RESIDING AT NADUVILAZHAM, THAKAZHY.** **BY ADVS.SRI.BINDU SREEKUMAR SMT.LEENA MURALI** ## **RESPONDENT(S)RESPONDENTS :** **---------------------------------------------------** **1. STATE OF KERALA,** - **REPRESENTED BY THE SECRETARY TO DEVASWOM DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** **2. THE TRAVANCORE DEVASWOM BOARD,** **REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD BUILDING, THIRUVANANTHAPURAM.** **2/-** **sts** **-2-** ## **W.A.NO.2446/2009** **3. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM.** ## **R1 BY SR GOVERNMENT PLEADER SRI.P.I.DAVIS** **R2 & R3 BY ADV. SRI.D.SREEKUMAR, SC, TDB SRI.K.N.VENUGOPALA PANICKER, SC, TDB** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 22-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **sts** ## **ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J. * * * * * * * * * * * * *** W.A.No.2446 of 2009 ---------------------------------------- Dated this the 22[nd] day of November 2014 ## **J U D G M E N T** ## **Ashok Bhushan, Ag.CJ** Heard learned counsel for the appellant and the learned counsel for the Devaswom Board. 2. This writ appeal has been filed against the judgment dated 21/05/2009 passed by the learned Single Judge in W.P.C.No.3229 of 2006 by which writ petition filed by the petitioners have been dismissed. Petitioners in the writ petition claimed to belong to a family having Karanma right. The State enacted 'The Kerala Service Inam Lands (Vesting and Enfranchisement) Act, 1981, by which all service inams were abolished and provided for vesting of service inam land in the State of Kerala. Section 3 provides for vesting of the rights of land owners in Government and abolition of services. 2 ## 3. Section 3 of the Act provides as follows: ## _“_ _**3. Vesting of the rights of landowners in Government and abolition of services** .-_ _Notwithstanding anything contained in any law for the time being in force, or in any contract, or in any judgment, decree or order of any Court, with effect on and from the appointed day,-_ _(1) all right, title and interest of the land owners in Service Inam lands held by land holders shall vest in the Government free from all encumbrances;_ _(2) any service or obligation attached to Service Inam Lands shall stand abolished and the land-holders shall have no liability or obligation to render any service attached to such lands.”_ 4. The Government also, by Section 4(1) provided for payment of certain amount to the land owner. Section 4(1) reads as follows: _**4. Amount to be paid by the Government** .- (1) In consideration of the vesting in the Government of the right, title and interest of any landowner in Service Inam lands under Section 3, the Government shall, subject to_ 3 _the provisions of this Act, pay to such landowner an amount calculated at the rate of one thousand two hundred rupees per acre of such lands.”_ 5. Petitioners, who were rendering services after 1981 enactment, claims to have continued with their services and had filed the writ petition praying for the following reliefs: _“i) Issue a writ of certiorari or other appropriate writ, order direction calling for the records leading to Ext.P4 and also the order passed by the 2[nd] respondent and mentioned in the order in T.D.B.17/00 etc. and quash the same;_ _ii) declare that the petitioners are entitled to get all benefits that are being given to departmental kazhakam atleast from 6/1981 onwards and sanction and disburse arrear salary and other benefits given to departmental kazhakam from 6/1981 onwards without any further delay;_ _iii) direct the 2[nd] respondent to sanction and disburse pension and other benefits due to petitioners 1 and 4 who have already retired from service treating them as departmental kazhakam_ 4 _without any further delay;_ _iv) declare that petitioners 2 and 3 are entitled to get pension, gratuity and other benefits consequent on their retirement;”_ 6. Petitioners had attained superannuation even before filing the writ petition and one petitioner during the pendency of the writ petition. The petitioners had claimed that they should be given the same benefits towards salary, pension and other that are drawn by departmental kazhakam who are performing the same duties. The orders passed in Ext.P4 was also challenged by which their claim was rejected by the Devaswom Commissioner. 7. The learned Single Judge elaborately considered all aspects of the matter and held that there was a valid classification even in the departmental kazhakam and that the petitioners are not entitled for claiming the said benefit. The Division Bench judgment relied upon by petitioners reported in **Travancore Devaswom Board v. Chellappan** **Pillai** _[1988 (1) KLT 16]_ was also adverted to in the judgment. We have perused the judgment of the learned 5 Single Judge which elaborately considered the issues raised in the writ petition and held that there is valid classification between the departmental kazhakam and persons like petitioners. We do not find any error in the judgment which may warrant interference by this Court in exercise of appellate jurisdiction. The writ appeal is dismissed. (sd/-) **(ASHOK BHUSHAN, ACTING CHIEF JUSTICE)** (sd/-) **(A.M.SHAFFIQUE, JUDGE)** jsr 6 7