IMPORTANT POINT
The court emphasized the necessity for proper inquiry into the validity of encroachments and adherence to statutory provisions regarding temple properties, particularly concerning purchase certificates issued by the Land Tribunal.

JUDGMENT :

Anil K. Narendran, J.

The petitioners are the President and Secretary of Thanalur Sree Narasimhamoorthi Temple Committee. Thanalur Sree Narasimhamoorthi Temple is a controlled institution under the additional 24^th respondent Malabar Devaswom Board. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 order dated 29.10.2013 of the 2^nd respondent District Collector, Malappuram, to the extent the said respondent declines to invoke the provision under the Kerala Land Conservancy Act , 1957, to evict respondents 8 to 19 and others from the property of Thanalur Sree Narasimhamoorthi Temple. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 6 to evict respondents 8 to 19 from the temple property mentioned in Ext.P4 judgment of this Court dated 28.05.2012 in W.P.(C)No.8917 of 2012, within a time limit to be fixed by this Court; a writ of mandamus commanding respondents 1 to 6 to see that all the encroachers in the property of said temple are evicted and the properties are restored to the Devaswom, within a time frame to be fixed by this Court; and a declaration that the purchase certificate issued by the Land Tribunal in favour of respondents 8 to 19 and others, in respect of the property of Thanalur Sree Narasimhamoorthi Temple are not in conformity with the provisions under the Kerala Land Reforms Act , 1963 and the Rules made thereunder, and are illegal and not binding on the temple and its properties.

2. Going by the averments in the writ petition, there is a large extent of property that belongs to the temple in question and the same was encroached upon and unauthorisedly occupied by respondents 8 to 19 and others. In a report submitted by a team constituted by the erstwhile Hindu Religious and Charitable Endowments Department, the encroachment and unauthorised occupation of the property belonging to the temple were reported. The Executive Officer of the temple and also the petitioners have approached the 2^nd respondent District Collector to get evicted respondents 8 to 19 and others. This Court, by Ext.P4 judgment dated 28.05.2012 in W.P.(C)No.8917 of 2012, directed the 2^nd respondent District Collector to conduct enquiry and take appropriate action under the Kerala Land Conservancy Act , within a time frame. In Ext.P5 order dated 29.10.2013 passed by the 2^nd respondent District Collector it was found that there are illegal occupants in the temple property. However, it was noticed that some of them obtained purchase certificates from the Land Tribunal. The District Collector directed the petitioners to approach the Appellate Authority under the Land Reforms Act for cancellation of the purchase certificates and directed the revenue authorities to initiate proceedings under the Kerala Land Conservancy Act against others. According to the petitioners, in view of the decision of this Court in Travancore Devaswom Board v. Mohanan Nair [2013 (3) KLT 132] , the purchase certificates obtained by the party respondents are invalid. Challenging Ext.P5 order of the 2^nd respondent District Collector and seeking eviction of respondents 8 to 19, the petitioners are before this Court in this writ petition.

3. On 16.12.2013, when this writ petition came up for admission, it was admitted on file. The learned Standing Counsel for Malabar Devaswom Board took notice for respondents 6 and 7. Urgent notice was ordered to others.

4. Respondents 14 and 19 have filed a counter affidavit dated 06.09.2014, opposing the reliefs sought for in this writ petition, which was followed by the counter affidavit dated 27.07.2015 filed by the 2^nd respondent District Collector. Respondents 11, 16 and 18 have filed a counter affidavit dated 21.09.2022, producing therewith Exts.R11(a) to R11(d) purchase certificates issued by the Land Tribunal, Malappruam on 20.05.1977, 21.05.1997 and 27.05.1985 respectively in S.M.Proceedings Nos.6078/1977, 607