BANERJEE MEMORIAL CLUB Vs. TALUK TAHSILDAR

JUDGEMENT

(1.) This Writ Appeal has been filed against the judgment and order dated 16.10.2008 by which W.P(C) No. 28735 of 2008 filed by the appellant has been dismissed. Writ Petition was filed by the petitioner, Banerji Memorial Club (for short, "the Club") challenging orders passed for eviction of the Club from the premises in question under the Kerala Land Conservancy Act, 1957 (hereinafter referred to as "the 1957 Act"). The parties shall be hereinafter referred to as described in the Writ Appeal.

(2.) Following facts of the case emerge from the pleadings of the parties: The Club, now registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 was established in Thrissur Town on two plots, i.e. 51 5/8 cents in Sy.No. 246/1 and 13 cents in Sy. No. 246/2 of Thrissur Village in the year 1914. The petitioner claimed that the land was gifted by His Highness, the Maharaja of Cochin State for construction of the Club. The first meeting of the Club was held on 17.05.1914 (4th Edavam 1089). The Club was named in memory of the Diwan of Cochin State, A.R.Banerjee, ICS. The first president of the Club was J.W.Bhor, ICS, Diwan of the Cochin State. Construction of the Club building was completed on the aforesaid two plots within a year and the second Board meeting of the Club was held in the Club building on 29.06.1090 (08.02.1915). The Club started functioning since 1914. The Thrissur Municipal Council proposed construction of a Sathram (Inn) by taking a part of the land on which the Club was functioning, i.e., 13 cents by exchanging another plot of land from the Devaswom Board. Petition was sent by the Club to the Government of His Highness, the Maharaja of Cochin State on 08.06.1124 (22.01.1949). The Commissioner, Thrissur Municipality, also sent a letter dated 02.02.1949 to the Government of His Highness, the Maharaja of Cochin State. The Government recorded its proceeding on 17.02.1949 that if the Club site is included in the Sathram, it cannot be helped. The Commissioner of Thrissur Municipality on 19.10.1953 wrote to the Honorary Secretary of the Club asking the Club to give consent for exchange of 13 cents of land in Sy.No. 246/2 with another 13 cents of land owned by the Devaswom on the southern side of the Club building contiguous to the Club compound. The Club communicated its concurrence by letter dated 30.01.1954. The Devaswom Board asked the Secretary of the Club to sent copy of the letter dated 29.10.1953 of the Municipal Commissioner, Thrissur. After several correspondences between the Thrissur Municipality and the Club, ultimately by letter dated 29.06.1956 the Commissioner communicated to the Club about the approval by the Municipal Chairman and Devaswom Board regarding exchange of 13 cents of land with Sy.No. 247/1. The Devaswom Board has also communicated that the Club shall be paid compensation of Rs. 2,500.00 towards demolition of the construction and other improvements in the 13 cents of land in its possession. Consequently, 13 cents land was exchanged and the Club was given another 13 cents of land in plot No. 247/1 which the Club continued to be in enjoyment of the aforesaid plot of land with the Club building existing thereon. The Club had also sent a letter to the Municipal Board dated 26.07.1954 seeking sanction of a safety tank in the Club premises. The Municipal Board communicated the said sanction by letter dated 27.08.1954. The Club has been paying water charges and electricity charges to the Thrissur Municipality. The Club premises was also connected with telephone connection by the Department of Posts and Telegraph, Government of India with regard to which payments were also made by the Club. The Club celebrated its Platinum Jubilee in the year 1990. Various correspondences acknowledging celebration of Platinum Jubilee have been brought on record. The Club continued to function in the building situated on the aforesaid plots without any objection or interruption for 85 years from the establishment and functioning of the Club. No kind of objection from any quarters including the State Government was ever raised. Suddenly, in the year 1999 the Tahsildar initiated proceedings under the 1957 Act against the Club by issuing notice asking the Club to show cause as to why order for eviction shall not be passed. The club prayed for two months' time to produce relevant materials. However, the Tahsildar did not pursue the notice any further. Another notice was issued on 03.07.2003 under the 1957 Act requesting the Secretary of the Club to appear. The Tahsildar passed order dated 25.8.2003 and issued notice dated 9.8.2003 for eviction. Against the said orders, the Club filed W.P(C) No. 29342 of 2003. This Court vide judgment dated 22.11.2006 set aside the proceedings of the Tashildar dated 29.08.2003 and 25.08.2003 and directed the Tahsildar to pass fresh orders after adverting to the contentions taken by the petitioner. After the order of this Court dated 22.11.2006, the Tahsildar again passed an order dated 14.02.2007 directing for eviction of the petitioner from Sy.No. 246/1 - 51.625 cents. Petitioner filed an appeal on 14.02.2007 before the Revenue Divisional Officer, Thrissur which too was dismissed on 31.05.2007. Order dated 31.05.2007 was served on the petitioner on 02.06.2007 against which the petitioner filed a Revision before the District Collector on 03.06.2007 praying for stay of eviction order. Petitioner thereafter filed W.P(C) No. 16942 of 2007 in this Court challenging the order of the Revenue Divisional Officer dated 31.05.2007. The District Collector did not pass any order in the stay application filed along with the Revision and possession was hurriedly taken from the petitioner on 04.06.2007. This Court disposed of the Writ Petition on 04.06.2007 itself directing that possession be given back to the petitioner forthwith. This Court observed that the prayer for interim stay shall be decided only after hearing the petitioner. Possession was given back to the petitioner. The District Collector passed an interim order in the Revision. However, by order dated 11.01.2008, the District Collector dismissed the Revision filed by the petitioner. Against the order dated 11.01.2008 dismissing the Revision, petitioner filed a Revision Petition before the Land Revenue Commissioner. The Land Revenue Commissioner also vide its order dated 03.09.2008 dismissed the Revision Petition. Challenging the aforesaid orders W.P(C) No. 28735 of 2008 has been filed by the petitioner in this Court which was dismissed by the learned Single Judge on 16.10.2008 against which this Writ Appeal has been filed.

(3.) We have heard Shri P.K. Suresh Kumar, learned Senior Advocate for the petitioner, Shri K.A. Jaleel, Addl. Advocate General assisted by Shri P.I.Davis, learned Senior Government Pleader was heard on behalf of the State. Shri V.Krishna Menon, learned counsel has appeared for the Cochin Devaswom Board. Shri K.S. Madhusoodanan and Shri P.B. Krishnan, learned counsel have been heard for the applicants who had sought impleadment in the Writ Appeal as additional respondents.