The Court upheld that public access cannot be restricted on government puramboke land.

Dated this the 18th day of December 2025 A.Muhamed Mustaque, J.

This matter arises from a challenge to the proceedings under the Kerala Land Conservancy Act , 1957. The learned Single Judge refused to interfere with the matter.

2. The appellant, Sree Venkitachalapathy Devaswom, is a temple situated on 30.40 Ares of land in Survey No. 862/2 of Rameswaram Village in Kochi Taluk.

3. Access to the temple is through land in Survey No.862/4 of Rameswaram Village. This access is shown as a puramboke pathway in the revenue records. Admittedly, this pathway is being used as access to the temple by the temple devotees and the neighbouring owners towards their compounds.

4. The temple put up an arch at the entrance of the access.

The total extent of the access is 5.26 ares.

5. There were several litigations initiated by the neighbouring owners seeking the removal of the arch and the obstruction now put up, for having smooth vehicular traffic through this land. We are not referring to the history of the case.

6. The orders now in question are the orders passed by the Tahsildar, produced as Ext.P4, which was affirmed by the Sub Collector, Fort Kochi, in appeal as per Ext. P8 and by the District Collector in revision as per Ext.P10, and by the Land Revenue Commissioner as per Ext. P14.

7. As seen from the orders, the land in question is public land vested with the public body, the Cochin Corporation. It seems that the arch was originally there from 1983 onwards, and there were steps, as the pathway existed elevated above the ground level. These steps were removed when the temple proposed to renovate the Sree Venkitachalapathy Devaswom School. Thereafter, on completion of the school construction, it was reintroduced in the year 2021.

8. It appears that the neighbouring owners have purchased cars, and they cannot use the cars as the temple authorities have erected this arch and steps obstructing smooth vehicular traffic.

9. The learned counsel for the appellant raised an argument that the land in question, as per the settlement register, belongs to the Azhakiyakavu temple. He particularly pointed out certain entries in the settlement register. There cannot be a dispute in regard to the vesting of the land with the Azhakiyakavu Devaswom in respect to land in Survey No. 862, but there is no vesting of any land to the Devaswom with respect to the land in Survey No. 862/4. All the revenue records show that this land is a puramboke land now vested with the Cochin Corporation. As rightly pointed out by the learned counsel for the respondents, under Section 27 of the Travancore- Cochin Hindu Religious Institutions Act , 1950, all the land belonging to the temple as on 12/04/1922 must be shown in the revenue records, to be dealt as Devaswom property. If the land is shown in the revenue records as Devaswom property, no doubt, the arguments of the learned counsel for the appellant require a meritorious consideration. On the other hand, the land in question is shown as puramboke land, and there is no semblance of interest, which requires an adjudication by a competent authority or civil court. The land conservancy proceedings can be initiated if there is such encroachment on puramboke land. The vehicular traffic is being affected consequent upon the steps being erected by the temple authorities without permission. The land in question is a Government puramboke land, and there is no right for the appellant to put up steps or any other hindrances.

In the result, the appeal stands dismissed. We direct the Sub Collector, Fort Kochi, to implement their order immediately within two weeks from the date of receipt of a copy of this judgment, as it is reported that the party respondents are unable to take their vehicles from their compound.