The government has an indisputable obligation to compute and pay final annuity within a specified period as per the provisions of relevant legislation.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The petitioner-Cochin Thirumala Devaswom approaches this Court ritualistically from 2003 onwards for getting annuity allowed to it under the provisions of the Kanam Tenancy Abolition Act, 1976. This Court in the judgment dated 24.08.2006 in W.P. (C) No. 20975 of 2006, Ext.P2, observed as follows:

“The petitioner is a temple of status and standing and when rights for receiving annuity had been recognized, such payments are to be made regularly and it would be infra dig to suggest Devaswom authorities are to plead every year with a begging bowl.”

2. The petitioner subsequently also filed a few Writ Petitions; all yielded positive directions in favour of the petitioner, but the sad plight continues. The officials of the Government even after 52 years after occurring its obligation to pay final annuity as provided in Section 3 and quantified in terms of Section 4(3) of the Kanam Tenancy Abolition Act failed to discharge that obligation. In that context, the petitioner has filed this Writ Petition seeking the following reliefs:

(i) Issue a writ of mandamus or any other appropriate writ or order directing the respondents to fix the final annuity considering the prevailing rate of commodities in respect of land extending 491.9560 Hectares (1226 Acres) as expeditiously as possible, at any rate within a reasonable time limit fixed by this Hon'ble court and revise such annuity periodically.

(ii) To issue a writ of mandamus or any other appropriate writ or order directing the respondents to pay interest @ 12% per annum on the amount fixed as final annuity and pay the arrears with interest 1.1.1970 upto date and cost, in the interest of justice.

(iii) Call for records leading to Ext.P11 and quash the same by issuing a writ of certiorari or other appropriate writ or order.”

3. The Writ Petition was admitted on 01.11.2022. The learned Senior Government Pleader took notice for the respondents. A counter affidavit dated 28.03.2023 was filed by the 2nd respondent, wherein the reasons for the delay in ordering annuity have been explained. Paragraphs No. 5 to 16 in the counter affidavit are as follows:

“5. The Settlement Officer published a draft roll on 17.08.2019 and the District Collector, Ernakulam in his letter I.3-53445/14 dated 14.01.2020 submitted a report to this office for fixing the final annuity as per Kanam Tenancy Abolition Act 1976 to Cochin Thirumala Devaswom on the basis of extent of land. Due to the non production of details regarding jenmikaram by the petitioner and non-availability of records in village and taluk offices specifying the Kanam land the draft roll was prepared on the basis of considering 50% of total land i.e. 245.9780 hectare as Kanam land and jenmikaram @ Rs.1.25 per are. Thus an amount of Rs.29210/- has been calculated as final annuity in draft roll. The petitioner filed objection against the draft and claimed 3 times of the interim annuity i.e. Rs.49728/- or for considering 70% of the land as Kanam land.

6. The District collector as per the above report has recommended to fix the final annuity as Rs.32,131/- considering 55% of the land as Kanam land. As per section 4(3) of Kanam Tenancy Abolition Act 1976 final annuity to religious or charitable institution of a public nature has to be fixed on the basis of jenmikaram received by the institution. Hence the above report has been returned to the District Collector, Emakulam for resubmission as per section 4(3) of the Kanam Tenancy Abolition Act 1976.

7. The District Collector, Ernakulam in his letter I.3-53445/14 dated 26.03.22 reported that the petitioner as per letter B1-75/78 dated 12.08.19 has stated that they have no records regarding jenmikaram on 01.01.1970 and hence the draft roll can't be prepared as per rules. A report in this regard has been submitted to the Government on 30.03.2022. The Government vide letter R1-88/2017/Rev. dated 26.04.2022 directed to fix the final annuity verifying the records at Taluk and village office