Disposed

Ambalakandi Mahavishnu Kshetram v. Special Tahsildar, Koothuparamba

Kerala HC15 Feb 2018OP(C)/301/2018

Case brief

AI extract

What is this about?

The High Court of Kerala, under Article 227, directed the Land Tribunal to decide a preliminary issue regarding whether disputed land belongs to a Devaswom. If it does, the Tribunal lacks jurisdiction; if not, proceedings may continue.

What did the court decide?

The Land Tribunal was directed to decide the preliminary issue of ownership and desist from further proceedings until the petitioners prove the land belongs to the Devaswom.

Ambalakandi Mahavishnu Kshetram Vs Special Tahsildar… — Land Acquisition | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THURSDAY, THE 15TH DAY OF FEBRUARY 2018 / 26TH MAGHA, 1939

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OP(C).No. 301 of 2018

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SMP.NO.709/2017 OF LAND TRIBUNAL, KOOTHUPARAMBA

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PETITIONER(S)

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1 AMBALAKANDI MAHAVISHNU KSHETRAM, REPRESENTED BY ITS HEREDITARY TRUSTEE, KANAKATHIDATHIL PRABHAKARAN VAZHUNNAVAR, AMBALAKANDI, KANNUR.

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2 KANAKATHIDATHIL PRABHAKARAN VAZHUNNAVAR, KANAKATHIDAM HOUSE, AVILAM VILAKODE P.O., KANNUR.

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3 KANAKATHIDATIL KUNHIMADHAVAN, SREELAKSHMI NIVAS, KIZHOOR P.O., KANNUR.

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BY ADVS.SRI.M.P.SREEKRISHNAN SRI.A.MUHAMMED MUSTHAFA

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RESPONDENT(S):

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1. SPECIAL TAHSILDAR, KOOTHUPARAMBA, FIRST FLOOR, BUS STAND ROAD, IRITTY, KERALA - 670 703.

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2. STATE OF KERALA, REPRESENTED BY SECRETARY TO REVENUE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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3. DISTRICT COLLECTOR, KANNUR, COLLECTORATE ROAD, KANNUR, KERALA - 670 002.

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R1 TO R3 BY SR GOVERNMENT PLEADER SRI.M.I.JOHNSON

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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OP(C).No. 301 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1. A TRUE COPY OF NOTICE, ISSUED TO THE 2ND PETITIONER CALLING UPON HIM TO APPEAR ON 11.12.2017, AND SERVED ON 09/12/2017. EXHIBIT P2. A TRUE COPY OF NOTICE, ISSUED TO THE 3RD PETITIONER CALLING UPON HIM TO APPEAR ON 11.12.2017, AND SERVED ON 09.12.2017 EXHIBIT P3. A TRUE COPY OF THE OBJECTION, DATED 10.01.2018

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

ALEXANDER THOMAS, J .

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O.P. (C) No. 301 of 2018

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Dated this the 15^th day of February, 2018

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JUDGMENT

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The prayers in this Original Petition (Civil) filed under the enabling provisions of Article 227 of the Constitution of India are as follows :

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“i. Declare that the property belonging to Chedikulam Devaswom @ Amalakandi Maha Vishnu Kshetram situated in Re-Sy.238 of Irity Taluk of Aralam Village of Kannur District is not liable to be proceeded under the provisions of the Kerala Land Reforms Act, 1963.

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ii. Set aside the proceedings initiated under the Kerala Land Reforms Act, 1963, as evidenced by Ext.P1, P2 and identical notices against the properties belonging to Chedikulam Devaswom @ Amalakandi Maha Vishnu Kshetram situated in Re-Sy. No.238 of Irity Taluk of Aralam Village of Kannur District as the same is arbitrary, illegal and without jurisdiction. iii. Issue any direction or order which may be found just and necessary in the facts and circumstances of the case.”

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Heard Sri.M.P. Sreekrishnan, learned counsel appearing for

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the petitioner and Sri.M.I. Johnson, learned Senior Government Pleader appearing for the respondents.

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The petitioners herein are aggrieved by Exts.P1 and P2 notices issued under Section 72 of the Kerala Land Reforms Act, 1963 (for short 'KLR Act') by the 1^st respondent Land Tribunal,

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OP(C) : 301 of 2018

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-:2:-

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Koothuparamba, Kannur District. It is the specific case of the petitioners that the impugned proceedings at Exts.P1 and P2 have been initiated without the junction of the trustee as if the land covered under the same vested with the Government under Section 72 of the Act and that the persons who have encroached upon the land at whose instance the notices have been issued are entitled to fixity of tenure. It is asserted by the petitioners that the properties, Exts.P1 and P2 notices, belong to the Devaswom concerned and in spite of Ext.P3 objections, the 1^st respondent is taking hasty steps to grant Pattayams to the encroachers and suo motu proceedings are initiated as borne out from Exts.P1 and P2 notices.

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It is urged by Sri.M.P. Sreekrishnan, learned counsel appearing for the petitioners that the land covered by Exts.P1 and P2 notices actually belongs to the Devaswom concerned (Ambalakandi Mahavishnu Kshetram) and that Exts.P1 and P2 notices have been proceeded on the wrong factual premise that the land already stand vested with the Government under Section 72 of the KLR Act, 1963 and without taking into consideration of the fact that the land belongs to the Devaswom concerned which is entitled to exemption in terms of the provisions under Section 3(x) of the Act and the Rules framed there under.

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OP(C) : 301 of 2018

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-:3:-

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The second petitioner has now raised his objection to the above said notices by submitting Ext.P3 objections dated 10.01.2018. Accordingly, it is ordered that the Land Tribunal concerned (Land Tribunal, Koothuparamba, Kannur District) will consider the objections of the petitioners at Ext.P3 and decide the preliminary issue as to whether or not the land belongs to the Devaswom concerned as claimed by the petitioners or whether the land stands vested with the Government in terms of Section 72 of the KLR Act.

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To a specific query asked by this Court, Sri. M.I. Johnson, learned Senior Government Pleader would submit that if in the above enquiry process the above Land Tribunal comes to the considered conclusion that the land in question belongs to the Devaswom, then the present Tribunal does not have jurisdiction to proceed further with the matter and it is for the competent Land Tribunal concerned, viz; Land Tribunal, Devaswom, Kannur to proceed with the merits of the matter, if found appropriate. Accordingly, it is ordered that the Land Tribunal, Koothuparamba, Kannur District will hear the objections of the petitioners and decide the above said preliminary point and only if it is found that the land does not belong to the Devaswom, the present Land Tribunal should proceed further with Exts.P1 and P2

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OP(C) : 301 of 2018

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-:4:-

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notices. Petitioners may give their written submissions in aid of their contentions. The documents sought for by the petitioners as referred to in the penultimate paragraph of Ext.P3 objections, should also be available by the Land Tribunal to the petitioners. It will be open to the petitioners also to submit the requisite materials along with the written submissions, if they choose to do so. The Land Tribunal, Koothupraramba, Kannur District will take a decision on the preliminary aspect without much delay, preferably within two months from the date of production of a certified copy of this judgment. The petitioner will produce a certified copy of this judgment before that Tribunal for necessary information.

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With these observations and directions, this Original Petition (Civil) will stand finally disposed of.

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Sd/- ALEXANDER THOMAS, JUDGE

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ttb

Ambalakandi Mahavishnu Kshetram v. Special Tahsildar, Koothuparamba

Case brief

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Ambalakandi Mahavishnu Kshetram v. Special Tahsildar, Koothuparamba

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