(1.) These three cases are on a common issue and therefore they have been heard together and are disposed of accordingly. The core question is regarding the legality of the order passed by the Land Tribunal in respect of the property of a Temple administered by the Travancore Devaswom Board as per which purchase certificate was issued to a party.
(2.) First we will refer to DBP No.21/2009 which is a suo motu proceedings initiated based on TDB - Report No.51 of 2009 in Complaint No.105 of 2008, submitted by the learned Ombudsman appointed for Travancore and Cochin Devaswom Boards. After considering the report this Court issued notice and the contesting party respondent is additional fourth respondent. The first respondent is the Secretary of the Travancore Devaswom Board, Thiruvananthapuram, the second respondent is the State of Kerala represented by the Principal Secretary to Revenue (Devaswom) Department and the third respondent is the Secretary, Temple Advisory Committee, Sree Dharmasastha Temple, Ezhumuttam.
(3.) The report was submitted pursuant to complaint No.105/2008 filed by the third respondent, viz. the Secretary of the Temple Advisory Committee. The substance of the allegation therein is that the Temple owned 2.26 acres of land as per the land register and settlement register and except 25 cents, the rest is in the possession of the fourth respondent, illegally and steps will have to be taken to get back the property. The learned Ombudsman addressed a letter to the District Collector, Idukki requesting to conduct an enquiry through the Tahsildar to find out the details. The Temple comes within Thrikkariyoor Group in Thodupuzha Sub Group under the Travancore Devaswom Board (for short 'the Board'). The Tahsildar informed the learned Ombudsman that in respect of the disputed land, one Velayudhan Nair Narayanan Nair, the father of the fourth respondent was given purchase certificate. It was also reported that there is no document in the Devaswom office to show that the property was given to the said Narayanan Nair and about his leasehold right.
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