Remanded

Sree Mulayankavu Bhagavathy Devaswom v. the District Collector

Kerala HC1 Mar 2021WP(C)/25916/2020

Case brief

AI extract

What is this about?

Petitioner sought directions to complete survey of Devaswom land and address encroachments. The Court observed that survey was completed and remanded the matter to the District Collector within six months to take appropriate steps under the Survey and Boundaries Act with notice to affected parties, expressly declining to adjudicate encroachment merits.

What did the court decide?

Direction to the 1st respondent to consider Ext.P8 and take appropriate steps under the Survey and Boundaries Act within six months with notice to affected parties.

Sree Mulayankavu Bhagavathy Devaswom Vs the District Collector — Land Acquisition | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

¶4

¶5

THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

¶6

MONDAY, THE 01ST DAY OF MARCH 2021 / 10TH PHALGUNA, 1942

¶7

WP(C).No.25916 OF 2020(L)

¶8

PETITIONER/S:

¶9

SREE MULAYANKAVU BHAGAVATHY DEVASWOM REPRESENTED BY THE EXECUTIVE OFFICER, AKHILESH ARAVIND, AGED 28 YEARS, S/O ARAVINDAN, MULAYANKAVU (PO), PALAKKAD DISTRICT, PIN-679337.

¶10

BY ADV. SRI.K.RAVI (PARIYARATH)

¶11

RESPONDENT/S:

¶12

1 THE DISTRICT COLLECTOR PALAKKAD,CIVIL STATION, PALAKKAD, PIN-678001.

¶13

2 TAHSILDAR, TALUK OFFICE OTTAPALAM PALAKKAD DISTRTICT, PIN-679101.

¶14

3 THE TAHSILDAR TALUK OFFICE PATTAMBI, GROUND FLOOR, MINI CIVIL STATION, RAILWAY, STATION ROAD, PATTAMBI, PALAKKAD DISTRICT, PIN-679303.

¶15

4 THE VILLAGE OFFICER KULUKKALLUR VILLAGE, PATAMBI TALUK, PALAKKAD DISTRICT, PIN-679337.

¶16

5 THE COMMISSIONER MALABAR DEVASWOM BOARD, HOUSE FED COMPLEX, ERANJIPALAM (PO), KOZHIKODE, PIN-673006.

¶17

-2-

¶18

W.P.(C). No. 25916 of 2020

¶19

6 THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, KENATHUPARAMBU, KUNATHURAMEDU, CIVIL STATION PALAKKAD, PIN-678013.

¶20

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶21

-3-

¶22

W.P.(C). No. 25916 of 2020

¶23

C.T.RAVIKUMAR &

¶24

MURALI PURUSHOTHAMAN, JJ.

¶25

=========================================================================== W.P.(C) No.25916 of 2020

¶26

Dated this the 1^st day of February, 2021

¶27

JUDGMENT

¶28

Murali Purushothaman, J.

¶29

The writ petition is filed seeking for direction to respondents 1 to 3 to complete the Survey Proceedings with respect to Sree Mulayan Kavu Devaswom land, situated in Survey No.133/5, 143/1 (Old Survey No.246/4A, 3V, 252/9V,8) of Kulukkallur Village.

¶30

In the affidavit filed in support of I.A. No.1 of 2021 to receive additional document, the petitioner has stated that during the pendency of this writ petition, the 3^rd respondent completed the Survey of Sree Mulayan Kavu Devaswom land and furnished Ext.P10 letter and sketch pointing out certain encroachments on Sree Mulayan Kavu Devaswom land.

¶31

Ext.P8 is the representation submitted by the petitioner before the 1^st respondent District Collector seeking necessary steps to remove the encroachments on the land belonging to Sree Mulayan Kavu Bhagavathy Devaswom.

¶32

There will be a direction to the 1^st respondent District Collector

¶33

W.P.(C). No. 25916 of 2020

¶34

-4-

¶35

to consider Ext.P8 representation submitted by the petitioner and to take appropriate steps in the light of Ext.P10 and in terms of the provisions of the Survey and Boundaries Act, within a period of six months, with notice to all the affected parties. It is made clear that this Court has not entered into any finding touching the merits, on the allegation of encroachment on the land and it is for the 1^st respondent to consider and decide the same in accordance with law and to take necessary further steps.

¶36

Sd/-

¶37

C.T.RAVIKUMAR Judge

¶38

sd/-

¶39

MURALI PURUSHOTHAMAN Judge

¶40

das

¶41

-5-

¶42

W.P.(C). No. 25916 of 2020

¶43

APPENDIX

¶44

PETITIONER'S/S EXHIBITS:

¶45

EXHIBIT P1 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER TO THE 2ND RESPONDENT SEEKING IDENTIFICATION OF THE DEVASWOM PROPERTIES, DATED 02.06.10. EXHIBIT P2 A TRUE COPY OF THE COMMUNICATION SEND BY THE PETITIONER TO THE 5TH RESPONDENT, APPRISING HIM ABOUT THE PLIGHT OF DEVAWWOM LANDS DATED 24.06.10. EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER SEEKING FIXATION OF BOUNDARIES OF THE DEVASWOM LAND, TO THE 3RD RESPONDENT DATED 26/09/14. EXHIBIT P4 A TRUE COPY OF THE REMINDER TO THE 3RD RESPONDENT, SEEKING MEASUREMENT OF DEVASWOM LAND AND RE FIXATION OF ITS BOUNDARIES, DATED 28/12/14.

¶46

EXHIBIT P5 A TRUE COPY OF THE APPLICATION PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT SEEKING SURVEYING OF THE DEVASWOM LAND AND RE-FIXATION OF ITS BOUNDARIES IN FORM NO 10 OF SURVEY MANUEL III, DATED 06.01.15.

¶47

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION SEND BY THE PETITIONER TO THE 3RD RESPONDENT SEEKING FURNISHING OF COPY OF THE SURVEY RECORDS, DATED 25/09/15.

¶48

EXHIBIT P7 A TRUE COPY OF COMMUNICATION SEND BY THE PETITIONER TO THE 3RD RESPONDENT SEEKING FURNISHING OF THE SURVEY DETAILS DATED 22.01.20.

¶49

-6-

¶50

W.P.(C). No. 25916 of 2020

¶51

EXHIBIT P8 A TRUE COPY OF THE COMMUNICATION SEND BY THE PETITIONER TO THE 1ST RESPONDENT SEEKING ACTION ON THE SURVEY PROCEEDINGS, DTED 13.02.20. EXHIBIT P9 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT DIRECTING TO COMPLETE THE SURVEY PROCEEDINGS, DATED 12.03.20. EXHIBIT P10 TRUE COPY OF THE LETTER INTIMATING THE PETITIONER ABOUT THE COMPLETION OF SURVEY OF SREE MULAYAN KAVU DEVASWOM LAND AND FIXATION OF ITS BOUNDARY, ALONG WITH A SKETCH POINTING OUT ENCROACHMENT AT THE INSTANCE OF THE 3RD RESPONDENT DATED 11.01.2020.

Sree Mulayankavu Bhagavathy Devaswom v. the District Collector

Case brief

What is this about?

What did the court decide?

Sree Mulayankavu Bhagavathy Devaswom v. the District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Haridas Vs the District Collector

Travancore Devaswom Board , Vs Deputy Examiner for Local Fund Audit

Ittoop Alexander Vs State of Kerala

Kottayam Sree Thrikkaikunnu Mahadeva Temple Vs Malabar Devaswom Board

Travancore Devaswom Board, Vs Deputy Examiner for Local Fund Audit

Binoy P Vs State of Kerala