CHIRAKKAL KOVILAKAM DEVASWOMS Vs. STATE OF KERALA

JUDGEMENT

(1.) The Chirakkal Kovilakam Devaswoms, which administratively and supervisingly controls several temples in the Malabar area, have approached this Court alleging that the property belonging to the Thiruvarkattukavu Devaswom situated in the Madayi area, which is one among the 38 temples under them, has extensive lands and that the 4th respondent herein is attempting to trespass into the same and make illegal and unauthorised constructions, in violation of the provisions of the Madras Hindu Religious and Charitable Endowments Act, 1951 [hereinafter referred to as 'Act' in short].

(2.) The singular assertion of the petitioner is that, as per section 94A of the Act, all lands belonging to the Malabar Devaswom Board and other religious institutions are statutorily deemed to be the property of the Government, for the purpose of the Kerala Land Conservancy Act and therefore, that the trespass of the 4th respondent into the lands belonging to the Devaswom should be seen seriously by the concerned Authorities and all necessary action, including under the Land Conservancy Act, be taken, so as to evict such trespass and to restore the property to the rightful possession of the petitioner.

(3.) When this matter was considered by this court on 28.11.12017, a submission was made by the learned standing counsel for the 2nd respondent - Malabar Devaswom Board that when complaints of such trespass by the 4th respondent herein were received, the Commissioner of the Board had referred it to the District Collector, so as to enable that Authority to commence and conclude appropriate and apposite enquiry under section 94A of the Act and to then take necessary action to remove the trespass, if any. Thereafter, when this matter was considered on 04.12.2017, it was brought to our notice that the Station House Officer of the Pazhayangadi Police Station has already issued a memo directing the 4th respondent to stop all activities in the property in question and that the said memo is still in force.