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2024 Supreme(Online)(Ker) 64380

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, J
*RAVINDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents:Learned Standing Counsel for Travancore Devaswom Board, Learned Senior Government Pleader for the 1st respondent

Table of Content
1. encroachment on devaswom land alleged. (Para 1 , 3 , 4 , 5)
2. court's role in safeguarding devaswom properties. (Para 6 , 7)
3. protection of temple properties emphasized. (Para 8 , 9 , 10 , 11 , 12)
4. factual disputes to be resolved by authorities. (Para 18)
5. order for statutory proceedings on encroachment. (Para 19 , 20)

ORDER

Anil K. Narendran, J.

This DBP is registered suo motu, vide proceedings dated 09.01.2024, based on a complaint dated 01.12.2023 received from one Raveendran, wherein it is alleged that one Balakrishna Pai has encroached Devaswom land by constructing a compound wall on the western side of the temple maidan of Thaliyil Sree Mahadeva Temple, which is a temple under the management of the 2nd respondent Travancore Devaswom Board. As per the revenue records, the property where the said compound wall is constructed is described as ‘Devaswom land’. The complainant has also produced certain photographs to show the alleged encroachment.

2. On 11.01.2024, when this matter came up for consideration, the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions.

3. The 4th respondent, Special Tahsildar (Land Conservancy), has

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