SREEDEVI ANTHARJANAM Vs. GURUVAYUR DEVASWOM

JUDGEMENT

(1.) Petitioners are aggrieved by the steps taken by the Guruvayoor Devaswom Committee in proceeding with the acquisition proceedings of the petitioners land comprised in survey No. 98/7 and 97/14 of Guruvayoor Village, Chavakkad Taluk. They have approached this court seeking a direction from this court not to acquire the land under the provisions of the Land Acquisition Act. They also challenge the Government Order No. R.T. 29/97 dated 2-1-1997 constituting a special committee for reporting the affairs of Guruvayoor Devaswom to the Government in the matter of acquisition of lands.

(2.) Petitioners are members of the Puzhakkara Chennas Mana, the family house of the 'Thanthri' (High Priest) of Guruvayoor Sreekrishna Temple. They own and possess buildings and properties on the eastern and western side of the Temple Tank in survey No. 98/7 and 97/14 of Guruvayoor Village. In order to cater the needs of the public a lodging house by name Jayasree Buildings and a restaurant Dwaraka Hotel were constructed in the above properties. They cater the needs of the public and also the pilgrims. According to the petitioners they came to know a paper report dated 14-5-1998 whereby steps have been taken by the District Collector and others so as to acquire the petitioners properties without giving notice to them, or following any of the procedure contemplated under law. They have got a further case that no public purpose would be served by acquiring the land. They further submit that the respondents are proceeding under a misapprehension that there was a direction by this court to acquire the land in and around the temple. It is also their complaint that the present acquisition proceedings are initiated on the report of the special committee constituted by Government order No. RT. 29/97 dated 2-1-1997. The District Collector, Trichur is also a member of that committee. It was pointed out that as per S.5(A)(2) of the Land Acquisition Act every objection under S.5A(1) should be directed to the Collector who should make a report to the Government. It is their case, since Collector who is to hear these statutory objections, there is no justification in his continuing a member of the committee. They have also raised various contentions in the writ petition.

(3.) When the matter came up for hearing I heard the standing counsel appearing for Guruvayoor Devaswom Committee. It was pointed out that this court in O. P. 2071/93 ordered that action should be taken to acquire lands within 100 metres from the outer wall of the temple for future development of the temple. In order to give effect to the said judgment as well as to give effect to the interest of the pilgrims and the temple the Devaswom took further steps in the matter. In fact Government vide G.O.R.T. 29/97 / RD dated 2-1-1997 constituted a committee consisting of the Chairman, Guruvayoor Devaswom Managing Committee, the Administrator, Guruvayoor Devaswom. The District Collector, Thrissur and Under Secretary to Government Revenue Department to study the various issues involved in the land acquisition of the Guruvayoor Devaswom in compliance with the direction of the High Court and to submit a report after hearing the affected parties. The committee therefore held many sittings and heard various persons and submitted an interim report. In the interim report committee recommended acquisition of lands within 25 metres from the outer wall of the temple as it was felt immediate development of the temple.