The court emphasized the duty to protect temple properties and mandated proper legal procedures for investigating encroachment claims on Devaswom land.

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 2^nd 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 4^th respondent, Special Tahsildar (Land Conservancy), has filed an affidavit dated 05.02.2024. Paragraphs 1 to 6 of that affidavit read thus;

“3. It is submitted that Thaliyil Sree Mahadeva Temple, Kottayam is a scheduled temple functioning under the sub group Parappadam of Kottayam group of Travancore Devaswom Board. The aforesaid D.B.P. is registered based upon the complaint submitted by Mr.Raveendran alleging encroachment with regard to the property of Thaliyil Sree Mahadeva Temple, Kottayam.

4. It is submitted that the Assistant Devaswom Commissioner, Kottaym, was informed to forward all Revenue and Devaswom records concerning the ownership of Thaliyil Devaswom. Subsequently, on 22.01.2024, the Assistant Devaswom Commissioner had forwarded the copy of the Settlement register and a rough sketch of the temple site to his office. Following this, on 23.01.2024, the Head Surveyor and Revenue Inspector had visited the temple site, after collecting revenue records available at Kottayam Village.

5. It may be noted that as per the settlement register of Kottayam Pakuthi in Kottayam Taluk, Thaliyil Sree Mahadeva temple has the right of ownership over 4.25 acres of puramboke land in settlement Survey No.122/21-1. But as per the Devaswom Land Register kept by Sub Group Officer, it is seen that the Devaswom has an area of 1.58 acres of land in old Survey No.122/21-12. On verification of the settlement register and other records, it is seen that Sub Divisions have been created in the Old Survey No.122/21. Yet no document has been received to prove that how the Sub Division was carried out. The site inspection conducted on 23.01.2024 reveals that the property subject to the complaint is occupied by Sri.Balakrishna Pai, the alleged encroacher. This property was purchased by his father Sri.Venkitesh Pai from Sri. Balakrishna Panicker who obtained Purchase Certificate for 19 cents from the Special Munsiff Land Tribunal, Kottayam as per Order No.41/1972. Out of the 19 cents he sold 3.25 cent to another person. He claimed that among the rest of the land around 6 cent is developed as pathway in front of the temple and road on the west side. And also now he is paying tax for 4.10 Ares in Re.Survey No.126/29. The premises of the temple are exempted from the provisions of Land Reforms Act as per Section 3 (1)(X). Therefore, the Land Tribunal has no jurisdiction to issue the purchase certificate u/s.72B of the Act. The said purchase certificate will not sustain in view of the judgments rendered by this Hon’ble Court inGopalakrishnan A.A. v. Secretary, Cochin Devaswom Board, Thrissur and Ors. [2018 (3) KHC 549],Travancore Devaswom Board v. Mohanan Nair [2013 (3) KLT 132] andJayaprakashan K. v. State of Kerala [2023 (3) KLT 541]

6. It is further submitted that as per old revenue records, the temple land in Survey No.122-21-1 was reco