JAYAPRAKASHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that respondents 3 to 5 Land Tribunals, while dealing with the case of assignment of jenmam right in respect of religious endowments, are bound to examine whether the claim in every case is hit by Sec. 29 of the Madras Hindu Religious and Charitable Endowments Act, 1951 and Sec. 76 of the Madras Hindu Religious and Charitable Endowments Act, 1927; and a declaration that Ext.P5 notification, i.e., G.O.(P)No. 09/2018/RD dtd. 22/2/2018 issued under sub- Sec. (1) of Sec. 105A of the Kerala Land Reforms Act, 1963, whereby the Government of Kerala appointed the Village Officers coming within the jurisdiction of each Land Tribunal constituted under Sec. 99 of the said Act for bringing to the notice of the Land Tribunal concerned any fact or information required by the Land Tribunal to take any action necessary for the implementation of the provisions of that Act, is ultra vires the substantive provisions of the Kerala Land Reforms Act, 1963 and hence legally unsustainable. The petitioner has also sought for a writ of certiorari to quash Ext.P5 notification dtd. 22/2/2018; and a writ of mandamus commanding respondents 1 to 15 to take immediate steps to protect and preserve Devaswom lands, considering the request made by the petitioner in Ext.P10 representation dtd. 15/12/2019.

(2.) Respondents 2 to 4 have filed counter affidavit opposing the reliefs sought for in this writ petition, wherein it is contended that, since the petitioner, who is a devotee, is not personally affected by the issuance of purchase certificates by the Land Tribunals in respect of immovable properties of various Devaswoms under Malabar Devaswom Board, he has no locus standi to file this writ petition.

(3.) On 15/12/2021, when this writ petition came up for consideration, this Court passed a detailed order restraining all Land Tribunals in the State from proceedings with any Original Application filed before the appointed date or S.M.Proceedings for purchase certificate in respect of Devaswom lands of Temples under the control/management of Malabar Devaswom Board, Travancore Devaswom Board and also the Cochin Devaswom Board, without the respective Devaswom Board, represented by its Secretary, in the party array. In the said order, it was made clear that a copy of the Original Application or the report and other materials based on which S.M.Proceedings are initiated shall be enclosed along with the notice issued to the concerned Devaswom Board, through the concerned Village Officer. The Land Tribunals were directed to afford a reasonable opportunity to the concerned Devaswom Board to raise its contentions, both legal and factual. It was made clear that the decision taken by the Land Tribunals shall be one reflecting the legal and factual contentions raised by both sides. By the said order, the Additional Chief Secretary, Revenue Department was directed to take necessary steps to communicate a copy of that order to all Land Tribunals in the State, for information and strict compliance.