MAJOR THIRUVALLOOR MAHADEVA KSHETHROPADASEKA SAMITHI PARAVUR GROUP Vs. SECTRETARY, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM

JUDGEMENT

(1.) This D.B.P. was registered on the basis of Report No.131/2015 of the learned Ombudsman for Travancore and Cochin Devaswom Boards. The report would show that proceedings were initiated by the learned Ombudsman on the basis of a complaint filed by an association of persons called the "Major Thiruvalloor Maha Deva Kshethropadesaka Samithi" and their allegation appears to be primarily against alleged trespass and encroachment into 95 cents of land comprised of Sy. No. 437/5 of the Alangadu Village, which has, according to the complainants, been used for the temple festival and such other attendant activities. On the basis of various reports requisitioned by the learned Ombudsman, he has concluded in his report that this extent of land also would come within the rigour of Section 27 Travancore Cochin Hindu Religious Institutions Act (for short 'the Act') and therefore, that proper action has to be taken by the competent authorities to have it included within the ownership of the Devaswom Board.

(2.) We notice from the report of the learned Ombudsman that, it encloses another report of the Land Special Officer, which was, in fact, one that is prepared after an inspection, wherein, again it is affirmed that this 95 cents of land ought to have been included in favour of the Devaswom Board's ownership under the provisions of Section 27 of the Act. The inspection report shown as Annexure A along with the report of the learned Ombudsman further says that this land ought to have been transferred to the Devaswom immediately after the Devaswom Proclamation Act, dated 12.4.1922 and that the omission to do so was perhaps inadvertent and on account of not noticing the requirement of such transfer at that time. Apart from this 95 cents, the Land Special Officer also talks about certain other extents of land, which are described by him in page 2 of Annexure A Report, and he concludes that such extents of properties are also temple properties under the sweep of Section 27 of the Act and that the Board ought to be in possession of these extents also. Apart from Annexure A, there is also a report of the Special Tahsildar addressed to the District Collector, Ernakulam on these issues, wherein also similar conclusions are arrived at. A copy of this report is marked as Annexure B by the learned Ombudsman in his report.

(3.) The learned Ombudsman, on a consideration of these matters, has recommended in his report that the Special Tahsildar, Travancore Devaswom Board file a final report with regard to the 95 cents of land mentioned in the said report and to take such action as is required to reduce it into their legal ownership.