T.R.RAMACHANDRAN NAIR, P.V.ASHA
Prasannakumar – Appellant
Versus
State of Kerala, Represented by Chief Secretary to Government of Kerala Secretariat, Thiruvananthapuram – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The petitioners challenged an order directing the possession of 45.055 cents of land in Sy. No.61/15B to be handed over to the Travancore Devaswom Board, asserting that the order was without jurisdiction and invalid (!) (!) .
The land in question was originally obtained by the petitioners' late father through a purchase certificate from the Land Tribunal, and mutation was effected in his name, supported by tax receipts and notices (!) (!) .
The land was found to be temple property belonging to Saraswathi Devi Temple, under the Travancore Devaswom Board, and the proceedings for its transfer or confiscation were contested on the grounds that the purchase certificate was null and void ab initio and that the land was exempted under the Land Reforms Act due to its status as temple premises (!) (!) (!) (!) .
The court held that the provisions of the Land Conservancy Act, 1957, and its amendments apply, and that the notification issued under Section 15 of the Act was valid, conferring jurisdiction on the authorities to exercise powers of the Collector for eviction and property management (!) (!) (!) (!) .
The jurisdiction of civil courts to entertain suits for eviction or possession was barred by the provisions of the Land Conservancy Act, 1957, specifically under Section 20A, which prevents civil courts from trying matters related to unauthorized occupation, eviction, and related claims concerning government or Devaswom lands (!) (!) (!) (!) (!) (!) .
The proceedings initiated by the Land Tribunal, including the issuance of the purchase certificate, were found to be null and void due to non-compliance with mandatory procedural requirements under the Land Reforms Act and Rules, such as proper notices, advice from village committees, and adherence to statutory procedures (!) (!) (!) .
The land was exempted from the Land Reforms Act under specific provisions applicable to temple premises, including the sanctum sanctorum, and the land description in revenue records confirmed that the property belonged to the temple, thus rendering the land exempt from land reform restrictions (!) (!) (!) .
The assertion that the petitioners' predecessor was a cultivating tenant was rejected, as the kuthakapattom arrangement was a license to take usufructs, not a tenancy, and the legal definition of tenancy under the Land Reforms Act was not satisfied (!) (!) (!) (!) (!) .
The court emphasized that the order passed by a tribunal lacking inherent jurisdiction is a nullity and cannot be validated by subsequent proceedings or judgments, regardless of finality or previous rulings (!) (!) (!) .
The court exercised its inherent jurisdiction and parens patriae powers to protect the temple property, emphasizing the duty to safeguard religious and charitable institutions from encroachment, misappropriation, or wrongful claims (!) (!) (!) .
The petitioners' claim based solely on the purchase certificate was rejected, as the certificate was found to be obtained in violation of the mandatory provisions of the Land Reforms Act and Rules, making it invalid and void ab initio (!) (!) .
The final decision was to dismiss the writ petition, affirming that the proceedings and orders challenged were invalid due to procedural lapses, lack of jurisdiction, and the exemption status of the land as temple property (!) .
Please let me know if you need further analysis or specific legal advice related to this case.
Judgment
Ramachandran Nair, J.
1. The petitioners are aggrieved by Ext.P7 order passed by the third respondent, viz. The Special Tahsildar and Executive Magistrate, Conservancy, Travancore Devaswom Board, by which it was ordered to take possession an extent of 45.055 cents of land in Sy. No.61/15B and to hand over the same to the Travancore Devaswom Board, as it is Temple property. They are also seeking for a declaration that SRO No.819/2008 vide GO(MS) No.247/2008/RD dated 4.8.2008 issued by the first respondent State of Kerala invoking Section 15 of the Kerala Land Conservancy Act, 1957 and authorising the third respondent to exercise the powers of the Collector in respect of the properties of Travancore Devaswom Board is without jurisdiction, null and void and inoperative.
2. We heard learned counsel for the petitioners, Shri P. Chandrasekhar, Shri P. Gopal, learned Standing Counsel for the Travancore Devaswom Board (for short 'the Board') and learned Senior Government Pleader Shri A. Ranjith for the State.
3. The pleas of the petitioners, relevant for consideration, are the following: The petitioners' late father Shri Padmanabhan obtained purchase certificate from Vaikom Land Tribu
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