SUB GROUP OFFICER, SREE DHARMA SASTHA TEMPLE TRAVANCORE DEVASWOM BOARD Vs. VILLAGE OFFICER, PERUMBAVOOR ERNAKULAM

JUDGEMENT

(1.) The petitioner Sree Dharma Sastha Temple (hereinafter called Devaswom) challenges the legality of the order passed by "Revenue Divisional Officer" directing it to remove the obstruction it has made on a way which the predecessor of respondents 3 and 4 claimed to be a public way. The proceedings were initiated on the basis of a petition filed by the grandmother of respondent No. 5. Though the impugned order is shown as an order passed by the Revenue Divisional Officer all the parties admit that it was passed by Sub Divisional Magistrate who happened to be Revenue Divisional Officer also. There is no dispute that the subject matter of the proceedings is a way having a width of 3.3 metres. The petitioner Devaswom has admittedly made some constructions preventing motor vehicles being taken along the way. The definite case of respondents 3 to 5 is that the way is government land. On the other hand the petitioner Devaswom claims that it belongs to the Devaswom. The Sub Divisional Magistrate found that it is government land, which is admittedly used as a way and since it is a public way the obstruction made by the petitioner shall be removed. The preliminary order was confirmed by the impugned order after hearing both parties.

(2.) Heard the standing counsel for the Devaswom and the learned counsel for respondents and the learned Public Prosecutor.

(3.) It is not in dispute that in the revenue records the subject matter of the proceedings is shown as "Revenue Puramboke Road". The petitioner Devaswom did not produce any document to prove that it has ownership over the property. The learned counsel for the petitioner submits that the property should be considered Devaswom property in the light of the provision contained in section 27 of the Travancore Cochin Hindu Religious Institutions Act and Rules, which runs as follows: