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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
NILESWAR KOOTTATHILARA SREE VISHNUMOORTHI KSHETHRA MANAGING COMMITTEE – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
The above writ petition is filed challenging Exts.P13 and P14. As per the averment in the writ petition the petitioner is the Managing Trustee of the properties belonging to Koottathilara Sree Vishnu Moorthy, the deity of Kolari Bhooda Sthaanam. An extent of 88 cents situated in Resurvey No.20/4 of Nileswaram Village belongs to Koottathilara Vishnu Moorthy is recorded as such in the revenue and settlement register as evident from Ext.P1. The temple situated in the property is more than 300 years old where daily poojas are performed. While so, based on an anonymous complaint that the petitioner is cutting and removing trees from the Government puramboke land, a notice was issued to the petitioner intimating that the cutting and removing of the trees from the property of the Government is in violation of the provisions of the Kerala Land Conservancy Act . Later Ext.P2 order was issued by the Tahsildar holding that the property having an extent of 88 cents situated in Resurvey No.20/4 of Nileswaram Village is a Government property and the petitioner was treated as a trespasser and a consequential order was issued to evict the petitioner from the property and also imposed a f
Property disputes involving temple land should be resolved by civil courts, and due process must be followed before issuing orders affecting property rights.
The Court upheld that public access cannot be restricted on government puramboke land.
Collateral materials will also have to be looked into to ascertain the genesis of the property.
Disputes regarding title and possession of land necessitate proper judicial scrutiny, especially where evictions under the Land Conservancy Act are challenged on grounds of legitimate claims. Governm....
The court emphasized the necessity for proper inquiry into the validity of encroachments and adherence to statutory provisions regarding temple properties, particularly concerning purchase certificat....
The Tahsildar must consider the implications of local governance laws before enforcing land conservancy measures against local bodies.
Property rights established by prior decrees must be considered in eviction proceedings under the Kerala Land Conservancy Act.
The court affirmed that plaintiffs failed to establish title or adverse possession over puramboke land, emphasizing the necessity of substantial evidence in land disputes.
The court established that the Tahsildar has the authority to grant permission for erecting structures on Government land under the Kerala Land Conservancy Act, 1957, subject to statutory requirement....
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