KSHETHRA SAMRAKSHANA PRADESIKA SAMITHY, KUTTARIKKAL DEVASWOM AARAYOOR SUB GROUP NEYYATTINKARA Vs. THE SPECIAL TAHSILDAR, TDB, THIRUVANANTHAPURAM AND OTHER

JUDGEMENT

(1.) This D.B.P. has been registered on the basis of report No. 23/2017, placed on record by the learned Ombudsman for Travancore and Cochin Devaswom Board.

(2.) From the report of the learned Ombudsman, it becomes luculent that proceedings were initiated by him on the basis of a complaint preferred before him by an association of persons which calls themselves the "Kshethra Samrakshana Pradesika Samithy" wherein, allegations have been made that properties belonging to the Kuttaraikkal Devaswom in the Aarayoor Sub Group of the Neyyattinkara Group of the Travancore Devaswom Board has been encroached into by several persons.

(3.) The learned Ombudsman, as we can see from the report, had initially asked the Special Tahsildar to make an enquiry regarding these allegations, and it appears that the said officer filed a report, dated 25.2.2017, a copy of which has been marked in the report as Annexure B. The learned Ombudsman says in his report that the Assistant Devaswom Commissioner, who also had filed a report, did not include any documents or evidence to show that the Kuttarakkal Temple, whose properties are in question, belongs to the Devaswom Board. Pertinently, the Basic Documents, Land Register, Settlement Register etc., were not produced by the Devaswom authorities and the only two documents produced were a notice issued in the year 1999 to the priest of the temple by the Sub Group Officer and a copy of Register No. 7 maintained by the Board for the period from 1997 to 1999. The learned Ombudsman has concluded that these documents are insufficient to hold that this land belongs to the Travancore Devaswom Board and that only if the proper records are verified, a decision could be taken in this regard.