The court affirmed its duty to protect religious institution properties from encroachment and directed the completion of a survey to address encroachment issues.

ORDER

Anil K. Narendran, J.

This DBP is registered based on a complaint dated nil made by a devotee, by name, M. Rajappan, pointing out encroachments in the property of Thiru Ayini Siva Temple, a temple under the management of the 2nd respondent Cochin Devaswom Board, by Maradu Municipality and a resident of that locality.

2. On 06.10.2023, when this matter came up for consideration, the learned Senior Government Pleader entered appearance for the 1st respondent and also for the additional 6th respondent Station House Officer, Maradu Police Station. The learned Standing Counsel for the Cochin Devaswom Board entered appearance for respondents 2 to 4 and the learned Standing Counsel for the Maradu Municipality entered appearance for the 5th respondent. Having considered the submissions made at the Bar, this Court passed an interim order restraining the 5th respondent Municipality from constructing road in the Devaswom land of Thiru Ayini Siva Temple, until further orders. The respective Standing Counsel for the Cochin Devaswom Board and the Maradu Municipality were directed to get instructions and file affidavits and the learned Standing Counsel for the Cochin Devaswom Board was directed to furnish the address of the alleged encroacher referred to in the complaint, so as to implead him as an additional respondent.

3. By the order dated 05.12.2023, the Special Tahsildar (Land Conservancy), Cochin Devaswom Board was suo motu impleaded as additional 7th respondent and the learned Standing Counsel for the Cochin Devaswom Board entered appearance for the 7th respondent.

4. On 09.01.2024, the learned Standing Counsel for the Cochin Devaswom Board submitted that, survey of the Devaswom land by the additional 7th respondent Special Tahsildar is yet to take place. Thereafter, on 26.02.2024, the learned Government Pleader submitted that the survey is being conducted by the additional 7th respondent.

5. Heard the learned Senior Government Pleader for 1st respondent and additional respondents 6 and 7, the learned Standing Counsel for the Cochin Devaswom Board for respondents 2 to 4 and the learned Standing Counsel for the Maradu Municipality for the 5th respondent.

6. The Travancore-Cochin Hindu Religious Institutions Act, 1950 , was made for making provisions for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Chapter VIII of the Act deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62 , the administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board. As per sub-section (2) of Section 62 , notwithstanding the provisions contained in subsection (1), the regulation and control of all rituals and ceremonies in the temple of Sree Poornathrayeesa at Trippunittura and in the Pazhayannur Bhagavathy temple at Pazhayannur shall continue to be exercised as hitherto by the Ruler of Cochin.

7. Section 73A of the Act deals with duties of the Board. As per Section 73A , it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv), namely, (i) to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly; (ii) to monitor whether the administrative staff and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu Religious Insti