ST. PHILOMINA'S SADHU JANASANGHAM, KOONAMMAVU v. STATE OF KERALA

BY SRI.S. RAJMOHAN, SR. GP; SRI. G. SANTHOSH KUMAR, SC, TDB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 12393 of 2025 - 3 - Anil K. Narendran, J. JUDGMENT The petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P10 order dated 01.02.2025 passed by the 3rd respondent Special Tahsildar (Land Conservancy), Travancore Devaswom Board, and Ext.P11 consequential notice in Form-C of the Kerala Land Conservancy Rules, 1958 issued by the said respondent; a writ of mandamus commanding respondents 1 to 3 to stop all proceedings pursuant to Exts.P10 and P11 and accept land tax for the property; and a writ of mandamus commanding the 7 th respondent Revenue Divisional Officer, Fort Kochi, to dispose of Ext.P12 appeal dated 07.02.2025 filed challenging Ext.P10 order dated 01.02.2025 of the 3rd respondent, within a time frame to be fixed by this Court. The said appeal is one filed by the petitioner, invoking the provisions under section 16(1) of the Kerala Land Conservancy Act, 1957 challenging Ext.P10 order dated 01.02.2025 passed by the 3rd respondent Special Tahsildar (Land Conservancy).

2. Heard the learned Counsel for the petitioner, the learned Senior Government Pleader for respondents 1, 2 and 7 WP(C) No. 12393 of 2025 - 4 - and also the learned Standing Counsel for Travancore Devaswom Board for respondents 3 to 6.

3. The petitioner had earlier approached this Court in W.P.(C)No.15507 of 2023. The said writ petition, along with the connected matter, i.e. W.P.(C)No.4288 of 2023, were disposed of by Ext.P9 judgment dated 04.03.2024. Paragraphs 20 to 22 and also the last paragraph of that judgment reads thus; “20. In such circumstances, this writ petition is disposed of by directing the additional 5th respondent Special Tahsildar (Land Conservancy), Travancore Devaswom Board to finalise the survey and identification of the boundaries of the Devaswom land of Konnamkulangara Bhagavathy Temple, taking note of the law laid down in the decisions referred to supra, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, after affording the petitioners in these writ petitions and other affected parties an opportunity to substantiate their claims. The survey of the land shall be with notice to the affected parties. The order of status quo granted in these writ petitions shall continue till then. The religious customary practices in connection with the annual festival of Konnamkulangara Bhagavathy Temple shall be conducted without any obstruction whatsoever.

21. In case the survey records of the disputed land are not available with the additional 6th respondent District Survey Superintendent, the same shall be obtained from the State Archives, through the additional 7th respondent Director of Archives, based on the request to be made by the WP(C) No. 12393 of 2025 - 5 - additional 5th respondent Special Tahsildar (Land Conservancy), through the District Survey Superintendent.

22. The Travancore Devaswom Board shall file an action taken report before the learned Ombudsman within a period of three months. It would be open to the learned Ombudsman to file reports before this Court, in case further directions of this Court are necessary in the matter. Registry to communicate a copy of this judgment, along with a copy of the writ petitions, to the learned Ombudsman, for information and necessary action.”

4. Pursuant to the directions contained in Ext.P9 judgment, the 3rd respondent Special Tahsildar passed Ext.P10 order dated 01.02.2024, which was followed by Ext.P11 notice in Form-C of the Kerala Land Conservancy Rules. The petitioner has already invoked the statutory remedy provided under Section 16(1) of the Kerala Land Conservancy Act, by filing Ext.P12 appeal, in which an interim relief was also sought for. However, according to the petitioner, the said appeal is yet to be numbered and listed for consideration before the 7th respondent Revenue Divisional Officer.

5. The learned Senior Government Pleader would submit that in case the aforesaid appeal is yet to be numbered, the same shall be numbered within two days, and the interim application for stay shall be considered by the 6th respondent Revenue Divisional Officer, within a period of two weeks. WP(C) No. 12393 of 2025 - 6 -

6. Having considered the submissions made at the Bar, we deem it appropriate to dispose of this writ petition, leaving open the legal and factual contentions raised by the petitioner, by directing the 7th respondent Revenue Divisional Officer to number Ext.P12 appeal filed by the petitioner under Section 16(1) of the Kerala Land Conservancy Act, against Ext.P10 order dated 01.02.2025 of the 3rd respondent Special Tahsildar (Land Conservancy), Travancore Devaswom Board, and to consider the interim relief sought for in that appeal, with notice to both sides, as expeditiously as possible, within a period of two weeks from the date of receipt of a certified copy of this judgment. Thereafter, the 7th respondent shall finally dispose of Ext.P12 appeal, as expeditiously as possible, at any rate, within a further period of four months.

7. In paragraph 20 of Ext.P9 judgment dated 04.03.2024, it was made clear that the order of status quo granted by this Court on 16.05.2023 in W.P.(C)No.15507 of 2023 shall continue till the finalisation of the survey. It was also ordered that the religious and customary practices in connection with the annual festival of Konnamkulangara Bhagavathy Temple should be conducted without any obstruction whatsoever. The said order of status quo granted by this Court shall continue for a period of three weeks from the date of this WP(C) No. 12393 of 2025 - 7 - judgment, so as to enable the 7th respondent to pass an appropriate order on the interim relief sought for in Ext.P12 appeal, uninfluenced by the order of status quo granted in this judgment. ANIL K. NARENDRAN, JUDGE Sd/- sbk/- Sd/- VIJU ABRAHAM, JUDGE WP(C) No. 12393 of 2025 - 8 - APPENDIX OF WP(C) 12393/2025 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 THE TRUE COPY OF THE SALE CERTIFICATE DATED 02-01-1125ME THE TRUE COPY OF THE DELIVERY REPORT IN FAVOUR OF VENKATESWARAYYAN IN O.8.78/111 DATED 03-09-1949 THE TRUE COPY OF THE DELIVERY KAICHIT IN O.S.106/1961 DATED 03-01-1968 THE TRUE COPY OF THE JUDGMENT IN THE ABOVE CASE O.S.106/1961 THE TRUE PHOTOCOPY OF THE SALE DEED NO. 626/2069 OF SRO NORTH PARUR Exhibit P5 (a) THE TRUE PHOTO COPY OF THE LATEST PROPERTY TAX PAID RECEIPT NO.KL0703068971/2024 DATED 17/05/2024 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 THE POSSESSION CERTIFICATE NO.65179600 DATED 24/05/22 ISSUED BY THE LOCAL VILLAGE OFFICE, KOTTUVALLY TRUE COPY OF THE SKETCH OF THE PROPERTY SHOWING THE BOUNDARY DATED NIL ISSUED BY TALUK SURVEYOR, NORTH PARUR THE TRUE COPY OF THE ENCUMBRANCE CERTIFICATE NO 6950/22 DATED 23-05-2022 THE TRUE COPY OF THE COMMON JUDGMENT IN W.P. (C) 4288/2023 AND WP(C) 15507/23 DATED 04-03-2024 THE TRUE COPY OF THE PROCEEDINGS DATED 01-02-2025 OF THE SPECIAL TAHASILDAR THE TRUE COPY OF THE FORM C NOTICE ISSUED TO THE PETITIONER BY 3RD RESPONDENT Exhibit P12 THE TRUE COPY OF THE APPEAL MEMORANDUM WP(C) No. 12393 of 2025 - 9 - DATED 27-02-2025 Exhibit P 13 THE TRUE PHOTOCOPY OF THE ACKNOWLEDGEMENT DATED 04/03/2025 ISSUED FROM THE OFFICE OF THE 7TH RESPONDENT