Suo motu petition seeking cancellation of a Devaswom property title deed was disposed of. The High Court directed the Sub Judge, Nedumangad, to hear and dispose of a pending civil appeal expeditiously, within six months, to resolve the land title dispute.
Directed the Sub Judge, Nedumangad, to hear and dispose of appeal A.S.No.20/2019 within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 27TH DAY OF NOVEMBER 2020 / 6TH AGRAHAYANA, 1942
DBP.No.23 OF 2020
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-TDB REPORT NO.23/2020 IN SMC.NO.67/2019-MATTERS RELATING TO CANCELLATION OF CERTAIN PATTAYAMS-ULLOOR GROUP, PAZHAVADI SUB GROUP-SUO MOTU PROCEEDINGS INITIATED-REG
PETITIONER:
SUO MOTU
RESPONDENTS:
1 THE DISTRICT COLLECTOR THIRUVANANTHAPURAM
THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 27.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DBP.No.23 of 2020
2
ORDER
Haripal, J.
This petition was registered suo motu based on Report No.23/2020 of the learned Ombudsman for Travancore and Cochin Devaswom Boards, dated 17.03.2020, in SMC No.67 of 2019. The SMC was taken into file on the basis of a report given by the 2nd respondent before the learned Ombudsman, seeking a direction to the District Collector, Thiruvananthapuram, for cancelling Patta No.LA/469/2000/E3 issued by
the Tahsildar, Nedumangad in respect of 9.60 Ares of land in R.Sy.421/2-1 of Vembayam village, alleging that the land in question belongs to the Muramel Sreekantan Sastha temple falling under the Pazhavadi sub group of Ulloor devaswom under the Travancore Devaswom Board.
DBP.No.23 of 2020
3
assignable land. Still, infringing all procedures and the law, the said Chandrika Amma managed to obtain an assignment of Devaswom property in her favour. Now she has settled the property in favour of her daughter Remya. Even though the Devaswom Board as well as the Temple Advisory Committee have moved the 1st respondent District Collector for cancellation of the title deed, action thereon is being delayed. Meanwhile, the said Remya instituted a suit as O.S.No.788/2010 before the Munsiff's Court, Nedumangad, which was dismissed, against which an appeal has been preferred as A.S.No.20/2019 before the Sub Court, Nedumangad. Before the learned Ombudsman the Devaswom Commissioner has filed a further report stating that since an appeal has been filed before the Appellate Court against the judgment and decree in O.S.No.788/2010 it is necessary that appropriate direction be issued for the expeditious disposal of the appeal; for a direction to the Devaswom Board to take legal steps to get a finality to the proceedings pending before the District Collector. In such circumstances, the above mentioned report is filed for appropriate orders.
DBP.No.23 of 2020
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Government Pleader, Sri. G. Santhoshkumar, learned standing counsel for respondents 2 to 4 and also Sri.P.Ramachandran, learned amicus curiae.
filed a suit as O.S.No.788/2010 before the Munsiff's Court, Nedumangad. Against the judgment dismissing the same, an appeal has been preferred as A.S.No.20/2019 before the Sub Court, Nedumangad. We are told that the appeal has not been taken up for hearing yet. After
DBP.No.23 of 2020
5
hearing counsel on both sides, we are of the view that the DBP can be
disposed of directing the learned Sub Judge, Nedumangad to hear and
dispose of the appeal as expeditiously as possible, at any rate, within six
months from today.
The DBP is disposed of as above.
Sd/-
C.T.RAVIKUMAR JUDGE
Sd/-
K.HARIPAL JUDGE
okb/27.11.2020
//True copy// P.S. to Judge
SUO MOTU
THE DISTRICT COLLECTOR THIRUVANANTHAPURAM
THE SPECIAL TAHASILDAR TRAVANCORE DEVASWOM BOARD
THE DEVASWOM COMMISSONER
C.T.RAVIKUMAR
K.HARIPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
