(1.) THE petitioners are aggrieved by Ext. P7 order passed by the third respondent, viz. The Special Tahsildar and Executive Magistrate, Conservancy, Travancore Devaswom Board, by which it was ordered to take possession an extent of 45.055 cents of land in Sy. No. 61/15B and to hand over the same to the Travancore Devaswom Board, as it is Temple property. They are also seeking for a declaration that SRO No. 819/2008 vide GO(MS) No. 247/2008/RD dated 4.8.2008 issued by the first respondent State of Kerala invoking Section 15 of the Kerala Land Conservancy Act, 1957 and authorising the third respondent to exercise the powers of the Collector in respect of the properties of Travancore Devaswom Board is without jurisdiction, null and void and inoperative.
(2.) WE heard learned counsel for the petitioners, Shri P. Chandrasekhar, Shri P. Gopal, learned Standing Counsel for the Travancore Devaswom Board (for short "the Board") and learned Senior Government Pleader Shri A. Ranjith for the State.
(3.) EXT . P8 is the judgment of the Munsiff's Court Vaikom in O.S. No. 124/1970 which is a suit filed by the Travancore Devaswom Board on behalf of the Temple in respect of the total area extending to 73 cents. It is pointed out that even though the suit was decreed allowing the Board to recover possession of the land with arrears of pattom and interest, no execution petition was filed and the property continued to be in possession of the petitioners' father as a cultivating tenant and purchase certificate was issued in respect of 45.055 cents of land.
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