Sindhu G S and others v. The Manager, Sreekaryam Devaswom Office; Travancore Devaswom Board; Special Tahsildar (Land Conservancy), Travancore Devaswom Board; District Collector, Thiruvananthapuram; State of Kerala, represented by Principal Secretary to Government, Revenue (Devaswom) Department

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH WEDNESDAY, THE 21[ST] DAY OF FEBRUARY 2024/2ND PHALGUNA, 1945 ``` ## **`W.P.(C)NO.5065 OF 2024`** ## **`PETITIONERS:`** - **`1 SINDHU G S AGED 54 YEARS W/O LATE RAVIKUMAR P S, RESIDING AT HARITHAM @ SUSMERA, MUDRA - 100 TC 47/3160, POOJAPPURA, THIRUVANANTHAPURAM DISTRICT, PIN - 695012`** - **`2 SANU R S AGED 32 YEARS S/O LATE RAVIKUMAR P S, RESIDING AT HARITHAM @ SUSMERA, MUDRA - 100 TC 47/3160, POOJAPPURA, THIRUVANANTHAPURAM DISTRICT, PIN - 695012`** - **`3 MEENUKRISHNA AGED 26 YEARS D/O LATE RAVIKUMAR P S, RESIDING AT HARITHAM @ SUSMERA, MUDRA - 100 TC 47/3160, POOJAPPURA, THIRUVANANTHAPURAM DISTRICT, PIN - 695012`** ``` BY ADVS. M.K.SUMOD VIDYA M.K. RAJ CAROLIN V. THUSHARA.K ``` ## **`RESPONDENTS:`** - **`1 THE MANAGER, SREEKARYAM DEVASWOM OFFICE, CHEZHUGANNOOR TEMPLE, KUNNATHUKAL A VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695504`** - **`2 TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEADQUARTERS, NANDANCODE P O, THIRUVANANTHAPURAM`** 2 W.P.(C)No.5065 of 2024 ``` DISTRICT, PIN - 695003 ``` - **`3 THE SPECIAL TAHSILDAR (LAND CONSERVANCY), TRAVANCORE DEVASWOM BOARD, NANDANCODE P O, THRUVANANTHAPURAM DISTRICT, PIN - 695003`** - **`4 THE DISTRICT COLLECTOR COLLECTORATE, CIVIL STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695005`** - **`*5 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695-001`** ``` *(THE DESCRIPTION OF THE 5[TH] RESPONDENT IS SUO MOTU CORRECTED AS PER ORDER DATED 21.02.2024 IN W.P.(c)NO.5065 OF 2024 INSTEAD OF STATE OF KERALA, REPRESENTED BY ADDITIONAL SECRETARY DEVASWOM REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN – 695001) ``` ## **`OTHER PRESENT:`** ``` SRI S.RAJMOHAN – SR. GOVERNMENT PLEADER ``` ``` SRI G.SANTHOSH KUMAR- STANDING COUNSEL- TRAVANCORE DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.5065 of 2024 ## **JUDGMENT** ## **Anil K. Narendran, J** The petitioner has filed this writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 4[th] respondent District Collector, Thiruvananthapuram, to consider and pass appropriate orders in the revision petition with file No.B18/198/11, filed challenging Ext.P9 order No.D/6367/2010 dated 29.11.2010 of the Revenue Divisional Officer, Thiruvananthapuram, in a time bound manner. 2. On 09.02.2024, when this writ petition came up for admission, the learned Standing Counsel for Travancore Devaswom Board pointed out the judgment of this Court dated 12.07.2023 in W.P.(C)No.11950 of 2022, wherein the petitioners herein were arrayed as respondents 6 to 8. The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board sought time to get instructions. Accordingly, the matter was adjourned. 3. Heard the learned counsel for the petitioners, the learned Standing Counsel for Travancore Devaswom Board for respondents 1 to 3 and the learned Senior Government Pleader 4 W.P.(C)No.5065 of 2024 for respondents 4 and 5. 4. The issue raised in this writ petition centers around the proceedings initiated under the Kerala Land Conservancy Act, 1957, against land having an extent of 59.13 Ares situated in old Sy.No.286/1A of Vellarada Village in Neyyattinkara Taluk, covered by Ext.P1 Assignment deed No.839/07 dated 28.06.2007 of the Sub Registrar Office, Parassala. That Assignment deed is in favour of one Ravi Kumar P.S. and the petitioners are the legal representatives of that person. 5. According to the petitioners, the aforesaid property was the subject matter in O.S.No.228 of 1970 on the file of the II Additional Munsiff Court, Neyyattinkara, which culminated in Exts.P3 and P4 judgment and decree dated 10.10.1974. The Travancore Devaswom Board challenged that judgment and decree by filing A.S.No.81 of 1975 before the Principal Sub Court, Thiruvananthapuram. That appeal ended in dismissal by Ext.P5 judgment dated 20.01.1977. The decree holders filed E.P.No.175 of 2010 before the II[nd] Additional Munsiff Court, Neyyattinkara and the decree was executed, as evidenced by Ext.P6 report dated 08.04.2022 of the II[nd] Additional Munsiff Court, Neyattinkara and satisfaction of the decree was recorded in E.P.No.175 of 2010 on 5 W.P.(C)No.5065 of 2024 ## 08.04.2022, as evidenced by Ext.P7. 6. At the instance of the Travancore Devaswom Board, the 3[rd] respondent Special Tahsildar (Land Conservancy) initiated proceedings under the provisions of the Kerala Land Conservancy Act and issued Ext.P8 order dated 04.01.2010, whereby the predecessor in interest of the petitioners was directed to vacate the property covered by Exts.P1 and P2 judgment and decree. Challenging Ext.P8 order, the petitioners filed an appeal before the Revenue Divisional Officer, Thiruvananthapuram, which ended in dismissal by Ext.P9 order dated 29.11.2010. Challenging Ext.P9 order, the petitioners filed revision petition before the 4[th] respondent District Collector, invoking the provisions under Section 16(2) of the Act. By Ext.P10 judgment dated 10.04.2012, this Court ordered that before passing final orders in that revision petition, the 4[th] respondent shall dispose of the interlocutory application filed by the petitioners herein, after affording an opportunity to the Travancore Devaswom Board to file objection. Pursuant to the direction contained in Ext.P10 judgment, the 4[th] respondent passed Ext.P11 interim order dated 06.06.2012, staying the eviction proceedings. The grievance of the petitioners is that the revision petition filed under Section 16(2) of the Act is 6 ## W.P.(C)No.5065 of 2024 still pending consideration. Therefore, they submitted Ext.P12 petition dated 18.12.2023 before the 4[th] respondent, for time bound consideration of that revision petition. 7. As pointed out by the learned Standing Counsel for Travancore Devaswom Board, a devotee of Pachayam Sree Dharmasastha Temple filed W.P.(C)No.11950 of 2022 seeking an order directing the Travancore Devaswom Board and its officials to take effective steps for restoration of the property comprised in Sy.No.686/1A1 of Vellarada Village to the possession of the Devaswom. The petitioners herein were respondents 6 to 8 in W.P.(C)No.11950 of 2022. That writ petition was disposed of by the judgment dated 12.07.2023. Paragraphs 6 to 9 of that judgment read thus; “6. What emerges from the materials produced by both sides is that the property of Pachayam Sree Dharmasastha Temple is in Sy.No.686/1A1 of Vellarada Village. The claim of respondent No.6 to 8 is over the property comprised in Sy.No.686/1A/2 as well as 685/3. Ext.P2 is a copy of the decree in O.S No.228 of 1970. Ext.P1 is a copy of the judgment in that suit and Ext.P3 is a copy of the judgment in A.S.No.81 of 1975. Right of respondent Nos.6 to 8 over the property schedule in Ext.P2 is now undeniable. Certainly, respondent Nos.6 to 8 do not have any right to encroach upon any portion of the property belonging to the temple 7 W.P.(C)No.5065 of 2024 which is in Sy.No.686/1A1. It is seen that the Temple has property in Sy.No.685/2 as well. 7. From the above, there may be dispute with respect to the actual boundary separating the properties comprised in those survey numbers. Such a dispute is unconnected to the title of the parties to the respective properties, and this Court in exercise of the jurisdiction under Article 226 of the Constitution of India is not expected to delve into that dispute. 8. Evidently, Special Tahsildar (Land Conservancy), Travancore Devaswom Board, Thiruvananthapuram) initiated proceedings for removal of encroachment upon the Temple property as A1-309/09. After enquiry, the Special Tahsildar took steps for removal of the encroachment in that regard. An appeal was filed before the Revenue Divisional Officer, Thiruvananthapuram, but that ended in dismissal. The 3[rd] respondent pointed out that now the revision petition preferred by respondent Nos.6 to 8 as B18-198/11 challenging the order of Revenue Divisional Officer is now pending before the District Collector, Thiruvananthapuram, who is the 2[nd] respondent herein. Whether the action initiated for removal of encroachment is legal or not is a matter to be decided by the 2[nd] respondent in the said proceedings. Certainly, questions, if any, regarding the identity of the respective properties belonging to the Temple and respondent Nos.6 to 8 with reference to the survey demarcation is to be sorted out in the said proceedings. 9. In such circumstances, we are of the view that there cannot be a direction to respondent Nos.1 to 5 for taking 8 ## W.P.(C)No.5065 of 2024 steps for repossession of the property of Pachayam Sree Dharmasastha Temple as claimed by the petitioner. However, there shall be a direction that if the writ petitioner wants to raise his contentions before the District Collector in the revision petition numbered as B18-198/2011, he shall be given an opportunity for the same. The legal and factual contentions of the parties in that regard are left open.” (underline supplied) 8. Section 27 of the Travancore-Cochin Hindu Religious Institutions Act deals with Devaswom properties. As per Section 27, 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 30[th] Meenam, 1097 corresponding to the 12[th] April, 1922, shall be dealt with as Devaswom properties. The provisions of the Land Conservancy Act of 1091 shall be applicable to Devaswom lands as in the case of Government lands. 9. '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].** 10. In **A.A. Gopalakrishnan v. Cochin Devaswom** 9 W.P.(C)No.5065 of 2024 **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 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. 11. 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 10 ## W.P.(C)No.5065 of 2024 will show that the Deity is always 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. 12. In **Nandakumar v. District Collector and 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 11 W.P.(C)No.5065 of 2024 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. 13. As already noticed hereinbefore, the revision petition filed by the petitioners challenging Ext.P9 order dated 29.11.2010 of the Revenue Divisional Officer, Thiruvananthapuram, which is one filed in the year 2010, invoking the provisions under Section 16(2) of the Kerala Land Conservancy Act, 1957, is pending before the 4[th] respondent District Collector, for the last more than 13 years, in which the 4[th] respondent has granted Ext.P11 interim order on 06.06.2012. 14. On a query made by this Court as to whether the Travancore Devaswom Board has taken any action for time bound consideration of the revision petition pending before the 4[th] respondent District Collector, in which the 4[th] respondent has granted Ext.P11 interim order on 06.06.2012, the learned Standing Counsel for Travancore Devaswom Board could not offer any explanation whatsoever. We notice that, even after the 12 W.P.(C)No.5065 of 2024 disposal of W.P.(C)No.11950 of 2022, filed by a devotee, by the judgment dated 12.07.2023, the Travancore Devaswom Board and its officials have not taken any steps to ensure time bound consideration of the revision petition pending before the 4[th] respondent District Collector. We also notice the pendency of DBP No.72 of 2023, which is registered _suo motu_ , in the matter of litigations pending before various courts in which the Travancore Devaswom Board, Cochin Devaswom Board or Guruvayur Devaswom Managing Committee is a party. The inaction on the part of the Travancore Devaswom Board and its officials, who are in management of the property of the deity, as trustees in management of Devaswom land, has to be deprecated in the strongest words and we do so. 15. Having considered the submissions made at the Bar, we deem it appropriate to direct the 4[th] respondent District Collector to finally dispose of the revision petition filed by the petitioners under Section 16(2) of the Kerala Land Conservancy Act, 1957, against Ext.P9 order dated 29.11.2010 of the Revenue Divisional Officer, Thiruvananthapuram, with notice to both sides, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this 13 W.P.(C)No.5065 of 2024 judgment, after taking note of the law laid down in the decisions referred to supra. Both parties shall co-operate with the proceedings in that revision petition, so as to enable the 4[th] respondent to ensure time bound disposal of the matter. The 5[th] respondent State of Kerala, represented by the Principal Secretary to Government, Revenue (Devaswom) Department, is directed to take necessary steps to ensure time bound disposal of appeals and revision petitions arising out of the proceedings initiated under the Kerala Land Conservancy Act, 1957, in respect of Devaswom lands, by the District Collectors and the Revenue Divisional Officers in the State. An action taken report of the 5[th] respondent shall be filed in this writ petition, within a period of three months, which shall be placed before the Devaswom Bench for appropriate orders. The writ petition is disposed of with the above directions. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** MIN 14 ## W.P.(C)No.5065 of 2024 ## **`APPENDIX OF WP(C) 5065/2024`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO. 839/07 DATED 28/06/2007 OF PARASSALA SRO EXHIBIT P2 TRUE COPY OF THE LAND REVENUE PAYMENT RECEIPT ISSUED BY THE VILLAGE OFFICER VALLARADA AS NO. KL 01042616244/2023 DATED 20/11/2023 EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 10/10/1974 IN OS NO. 228/1970 OF THE 2ND ADDITIONAL MUNSIFF NEYYATTINKARA EXHIBIT P4 TRUE COPY OF THE DECREE DATED 10/10/1974 IN OS NO. 228/1970 OF THE 2ND ADDITIONAL MUNSIFF NEYYATTINKARA EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 20/01/1977 IN AS 81/1975 OF THE PRINCIPAL JUDGE, THIRUVANANTHAPURAM EXHIBIT P6 TRUE COPY OF THE DELIVERY REPORT SUBMITTED BY THE COURT AMEEN BEFORE THE COURT OF 2ND ADDITIONAL MUNSIFF NEYYATTINKARA EXHIBIT P7 TRUE COPY OF THE ORDER IN EP 175/2010 IN OS NO. 228/1970 DATED 08/04/2022 EXHIBIT P8 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT HEREIN THE SPECIAL TAHSILDAR (LAND CONSERVANCY) WITH NO. A-309/09 DATED 04/01/2010 DIRECTING THE PETITIONER'S PREDECESSOR TO VACATE FROM THE PROPERTY ``` ``` EXHIBIT P9 TRUE COPY OF THE ORDER ISSUED BY THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM WHICH IS COMMUNICATED TO THE PETITIONERS AS PER COMMUNICATION NO. D/6367 /2010 DATED 29/11/2010 EXHIBIT P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 10/04/2012 IN WPC 8893/2012 EXHIBIT P11 TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT WITH NO. B18/198/11 DATED 06/06/2012 EXHIBIT P12 TRUE COPY OF THE PETITION DATED 18/12/2023 SUBMITTED BY THE PETITIONERS TO THE 4TH RESPONDENT ALONG WITH THE POSTAL RECEIPT DATED 18/12/2023 ```