Radhakrishnan, J.

Sree Mullakkal Bhagavaty temple is an ancient temple managed and administered by the Cochin Dewaswom Board. While excavations were being done by the Sree Mullakkal Bhagavathy Kshethra Kshema Samithi for the construction of a “Nadapura” in the temple, 1040 gold coins weighing 406 grams and 7 gold coins were found out and they were found to be of much archaeological importance. Upon getting information of the same Devaswom Officer informed the same to the District Collector and the District Collector directed the Devaswom authorities to hand over the coins to the Circle Inspector of Police, Wadakkancherry to keep them in safe custody in the Wadakkancherry Sub Treasury noticing that it was a “treasure trove” and therefore would belong to Government as per Section 3 of the Kerala Treasure Trove Act, 1968. Direction of the District Collector was complied with and the coins were handed over to the Circle Inspector after obtaining receipt and they are now kept in the Sub Treasury, Wadakkancherry.

2. District Collector also informed the Department of Archaeology about he unearthing of gold and silver coins. On receiving information curator of the Archaeology Museum at Thrissur was directed to visit the spot and report the details of the coins. Subsequently expert officials were deputed to inspect the coins and report was called for and after verifying the coins they submitted a report on 27.1.2002. As per the report the hoard contained 1040 gold coins and 7 silver coins and they are of 14th to 17th century and are known as “Veerarayan coins” which were in circulation within the province of Kozhikode and Kochi. It was noticed that each gold coin weighed 0.400 grams and the coins are of very ancient and historical and cultural value and therefore it has to be preserved for the study of research scholars. Archaeological Department has approached the Mining and Geology Department for assessing the metal value of the coins and as per the report of the Mining and Geology Department metal value was assessed and compensation was calculated as Rs.61,280/- for the gold and silver coins and the same was approved by the Government.

3. The Kshethra Seva Samithy and the Cochin Devaswom Board had staked their claim for the return of gold and silver coins and in the alternative they have also claimed compensation. Since the temple is being managed by the Cochin Devaswom Board they claimed the amount stating that they would utilize the amount for the development works of the temple. Seva Samithi has maintained the stand that the gold and silver coins belong to the temple and it should be handed over to the temple. State took up the stand that the compensation can be granted only to the owner of the property from where the treasure was obtained and the compensation amount has been deposited in the Collector’s account and it can be given to the owner as soon as the dispute of ownership between the Kshethra Seva Samithi and the Cochin Devaswom Board is settled.

4. Chinese Traveller Ma.Hueom who visited Kerala in 1408 referred to these types of coins of Kozhikode as “Vellitharan” and gold coins of Kochi and Kozhikode as “Swarnapanam.” Enquiry conducted by the officials of the Archaeological Department revealed that the gold and silver coins unearthed from the temple premises are of 14th to 17th century and are known as “Veerarayan coins” which were in circulation within the province of Kozhikode and Kochi. Those coins are of very ancient origin and have historical, archaeological, artistic and cultural interest. The question to be decided is whether those coins unearthed from the temple premises should be returned to the Cochin Devaswom Board or be retained with the Archaeological Department. Statement filed by the Cochin Devaswom Board described it as treasure trove and since it is a treasure trove the matter was reported to the District Collector who directed the Devaswom Board officials to hand over the coins to the Circle Ins