V U KOCHUNI Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) The petitioners are lessees of lands belonging to the Devaswom in question and they seek to quash the notices Exts. P1 to P11 issued in pursuance to the rules framed under the Cochin Devaswom Proclamation stating that the properties specified therein will be sold in public auction for realisation of arrears of rent due from them. The petitioners also pray for stay of further proceedings in respect of the properties already sold.

(2.) Although the petitioners have raised several grounds in the writ petition. Mr. D Narayanan Potti appearing for the petitioners, submits that in view of Act V of 1969 passed by the Kerala Legislature on 12-2-1969, the Devaswom, the landlord, is incapacitated from taking any proceedings for recovery of arrears of the rent which accrued due before the 1st day of May 1966 and therefore, the proceedings initiated by Exts. P1 to P11 must be quashed.

(3.) The Maharajah of Cochin has framed rules (hereinafter referred to as the Rules) providing for the mode of recovery of rent due to Devaswom from their tenants. In substance, the procedure prescribed is practically same as that prescribed in the Revenue Recovery Act for recovery of arrears of land revenue.