K.V. SOORYANARAYANA DAS AND 33 OTHERS Vs. THE SPECIAL TAHSILDAR, COCHIN DEVASWOM BOARD, THRISSUR AND OTHERS

JUDGEMENT

(1.) This matter came to be registered by this Court based on the CDB report bearing No. 184 of 2011 submitted by the learned Ombudsman pursuant to a complaint preferred by one Sri. K. V. Sooryanarayana Das referring to the encroachment attempted to be made by the nearby land owner to the property belonging to the Devaswom Board and in filling up the pond situated in the said property, detrimental to the rights and interests of all concerned, including the local inhabitants.

(2.) It is stated that temple pond is the only source of water in the nearby area and as many as 100 wells situated in the nearby properties are connected to the water bed leading from the said temple pond. 35 residents of the Village, apprehending unauthorized filling up of the temple pond by persons with vested interest, sent a representation to the Honourable Chief Justice of this Court, which was forwarded to the learned Ombudsman for appropriate action. It was accordingly, that the matter was equired into, leading to the report suggesting a direction to be issued to the District Collector, Palakkad to take appropriate action to see that the pond/tank is maintained properly and no trespass or filling up is done by anybody. When the matter came up for consideration before this Court on 04.01.2012 the following interim order was passed :

(3.) Subsequently, it was brought to the notice of this Court that no filling up or construction work was going on at the site and that the Devaswom authorities had already been requested to produce the relevant record to prove the right over the land in question. In the said circumstances, the following order came to be passed on 13.08.2014.