The court emphasized that claims to land must be supported by valid documentation, and without such proof, authorities cannot act against alleged encroachments.

Anil K. Narendran, J.

The petitioner, Sree Vayathur Kaliyar Devaswom, which is a controlled institution under the Malabar Devaswom Board, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent State to direct the Revenue officials in whose jurisdiction the properties of Sree Vayathur Kaliyar Devaswom is situated to take action forthwith under the provisions of the Kerala Land Conservancy Act , 1957 to remove illegal encroachments in the Devaswom lands and restore possession of those lands to the Devaswom.

2. In the writ petition, it is stated that the Devaswom was in possession of nearly 10,000 acres of land, which are situated within Taliparamba Taluk and Iritty Taluk, in the villages of Padiyur, Kalliad, Ulikkal and Nuchiyad. Since there was no proper supervision of the Devaswom land, certain persons have encroached upon the Devaswom land. The petitioner submitted Ext.P3 representation dated 04.02.2019 before the 2^nd respondent District Collector, Kannur, as evident from Ext.P4 acknowledgement. Ext.P3 representation was followed by Ext.P5 representation dated 17.10.2019, and Ext.P6 representation dated 15.02.2020 before the 1^st respondent State, with copy to the 2^nd respondent District Collector. Thereafter, the petitioner has moved this writ petition before this Court seeking the aforesaid reliefs. Along with Ext.P6 representation dated 15.02.2020, the petitioner has placed on record the list of Devaswom land encroached upon for the period from 1978 to 1980.

3. On 04.03.2020, when this writ petition came up for admission, the learned Senior Government Pleader was directed to get instructions from respondents 3 to 5 in regard to possession of land referred to in Ext.P6.

4. The 4^th respondent Tahsildar, Iritty, has filed a statement dated 18.06.2022. Paragraphs 3 to 8 of that statement read thus;

“3. It is submitted the petitioner, the Executive Officer, Sree Vayathoor Kaliyar Temple, submitted a petition before the District Collector, Kannur alleging that the revenue authorities illegally issued S.M actions for patta in favour of private person in Resurvey No.2/1 A1 in Vayathoor village. Sri. Hameed, S/o Sri. Badekkandy Kunhahammed and others residing at Thiruvangad Village Thalassery Taluk, possessed an extent of 22.25 acres of land in Vayathoor Village as per Deed No.860/03 of Ulikkal Sub Registrar Office. They submitted an application for patta for the above land. The said land comprises in survey number 2/1A1 and 28/1A2 and these lands were known commonly as benevolent estate. They had already got patta for the land comprised in survey number 28/1A2.

4. It is submitted that the name of janmi is still recorded as Vayathoor Devaswom in the settlement register. The janmi of the land in Rs 28/1A2 is Kalyad Thazhath Veettil Sri. K.T. Kunhikkannan Nambiar and that of 2/1A1 is Vayathoor Devaswom Ooralan Sri K.T. Kunhanandan Nambiar. By virtue of implementation of Kerala Land Reforms Act , Janmi won’t retain any right on the property. The possession of the land in Resurvey No.2/1 were transferred to Pazhampalli Joseph in 1958 on the basis of Marupattam deed. Thereafter, several transactions have been made on the mentioned property. As per the Nadappukudiyan holds the right to get patta for the occupied land. It is the duty of the Village officer to forward S.M. actions in eligible cases. More over, the Vayathoor Kaliyar Devaswom has not been remitting land tax for lands in R.S 2/1A1.

5. Meanwhile, the petitioner submitted another petition before the District Collector, Kannur alleging that an extent of 22.28 Acres of Devasom land in Resurvey numbers 3, 4,