T. P. VELAYUDHAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Challenge in this writ petition is against Ext. P15 order passed by the District Collector on 09/02/2000 ordering eviction of the petitioners in exercise of the powers conferred on him under S.28A of the Guruvayoor Devaswom Act, 1978.

(2.) Guruvayoor Devaswom stated that it has got proprietory right over the land comprised in survey number S. 288/lAI and 289/2 of Manathala village, Chavakkad Taluk, Trichur district as per document number 190/64 dated 24/02/1964 of Sub Registry Office, Chavakkad known as Dwaraka Beach. Petitioner's predecessor in interest had encroached upon the devaswom land and constructed buildings. In the light of the report of the Special Commissioner appointed by this Court, a Division Bench of this Court in OP No. 2071 of 1993 on 10/01/1994, ordered eviction of the encroachment at the Dwaraka beach. In compliance with the direction of this Court Guruvayoor Devaswom had requested the District Collector to take steps for evicting the encroachers under S.28(2) of the Guruvayoor Devaswom Act. On the basis of the request made by the Devaswom, District Collector took steps to evict the encroachers. The action of the District Collector was then challenged in OP No. 19501 of 1999 which was disposed of by this Court by judgment dated 19/08/1999 directing the authorities to issue notice to the encroachers and to give them and opportunity of being heard before they are evicted from the premises. Consequently notice was issued to the encroachers and the Collector passed the impugned order on 09/02/2000. Son of late Velayudhan appeared before the District Collector and he was heard. It was noticed that the encroachers could not produce any evidence regarding their title to the land; nor have they produced any pattayam or other documents. Some basic tax receipts were produced which were not accepted by the District Collector. District Collector was convinced that it was encroachment and therefore ordered eviction of the encroachers. Aggrieved by the same this original petition has been preferred.

(3.) Ext. R2(a) document would clearly show that Guruvayoor Devaswom has got title over the property in question and that the petitioners are encroachers of the property in question. S.28 of the Guruvayoor Devaswom Act enables the Committee of the Devaswom to recover the immovable property with the intervention of the District Collector. The said provision is extracted below for easy reference.