PRABHAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 4th respondent Land Tribunal, Thrissur to pass orders in S.M.Proceedings Nos.2681/2015, 4143/2015 and 2191/2015 filed for issuing purchase certificate under Sec. 72K of the Kerala Land Reforms Act, 1963, as directed by the Appellate Authority (Land Reforms), Thrissur, under Sec. 102 of the said Act, by Ext.P5 order dtd. 28/10/2019 in A.A.No.63 of 2019, Ext.P5(a) order dtd. 28/10/2019 in A.A.No.64 of 2019 and Ext.P5(b) order dtd. 30/11/2019 in A.A.No.18 of 2019, within a time frame as may be fixed by this Court; a writ of mandamus commanding the 2nd respondent District Collector, Thrissur to pass orders on Ext.P9 Revision Petition dtd. 7/12/2023 filed by the 1st petitioner, Ext.P10 Revision Petition filed by the 2nd petitioner and Ext.P11 Revision Petition filed by the 3rd petitioner, under Sec. 16(4) of the Kerala Land Conservancy Act, 1957, after affording them an opportunity of being heard, and until then direct the 5th respondent Special Tahsildar (Land Conservancy), Cochin Devaswom Board, not to evict them from their respective properties. Ext.P9 revision petition filed by the 1st petitioner arises out of Ext.P7 order dtd. 17/8/2020 of the 3rd respondent Sub Collector (RDO), Thrissur, in an appeal filed by the said petitioner under Sec. 16(1)(b) of the said Act, challenging Ext.P3 order dtd. 6/6/2019 of the 5th respondent Special Tahsildar (Land Conservancy), in the exercise of the powers under Sec. 15 of the said Act, on the ground that the petitioners and others have encroached the land of 'Kuttumukku Devaswom' under the management of Cochin Devaswom Board, comprised in Survey No.211/2 of Vilvattom Village.

(2.) Though the reliefs sought for in this writ petition are in respect of land comprised in Survey No.211/2 of Vilvattom Village of Kuttumukku Devaswom under the management of the Cochin Devaswom Board, the petitioners have chosen to file this writ petition before this Court, without Cochin Devaswom Board, represented by its Secretary as a respondent in the party array. When it was noticed, they filed I.A.No.2 of 2024, which was allowed by the order dtd. 10/6/2024, whereby Cochin Devaswom Board, represented by its Secretary, was impleaded as additional 6th respondent.

(3.) Along with I.A.No.1 of 2024, the petitioners have placed on record Exts.P10 and P11 additional documents, which was followed by I.A.No.3 of 2024 to accept Ext.P12 as an additional document. On behalf of the additional 6th respondent Cochin Devaswom Board, a counter affidavit dtd. 24/6/2024 is placed on record, opposing the reliefs sought for in the writ petition, producing therewith Exts.R6(a) to R6(c) documents. Petitioners have filed a reply affidavit dtd. 16/7/2024, producing therewith Exts.P13 to P31 documents.