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2026 Supreme(Online)(Ker) 5809

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ
THE SECRETARY TEMPLE ADVISORY COMMITTEE, VELLAPPADU SREE VANA DURGA BHAGAVATHY TEMPLE, VELLAPPATTUKAVU, PALA, KOTTAYAM – Appellant
Versus
THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM, KERALA – Respondent
DBP NO. 83 OF 2022 | COMPLAINT NO. 75/2022

Advocates:
For the Appellants/Petitioners: SRI.BONNY BENNY, SRI.BALU TOM, SHRI. GOVIND G. NAIR, SHRI. BEJOY JOSEPH P.J.
For the Respondents: SRI.G.SANTHOSH KUMAR (P), SRI.VIJAI MATHEWS, SHRI.JOSEPH THEKKEKURUVANAL, ADV. G SANTHOSH KUMAR, ADV. P RAMACHANDRAN, ADV. S RAJMOHAN

The court confirmed the necessity of fair valuation for executing property exchange deeds as per previous judgments.

Headnote:This judgment addresses the exchange of property involving the Vellappattukavu Devaswom and a private party, with a requirement for a fair valuation to be established as mandated by previous rulings. The court directed the execution of the exchange deed after an appropriate valuation had been determined by the RDO, Pala. The principle issue focused on whether the fair value had been determined satisfactorily to enable the execution of the exchange deed. The court found the fair value to have been set at ₹10 lakhs per Are, thus permitting proceeding with the exchange. The result of the judgment is the disposal of the DBP with the directive to execute the exchange deed as per the valuation provided.

Table of Content
1. property exchange matter initiated. (Para 1)
2. fair value set for exchange. (Para 2)
3. court directed execution of exchange deed. (Para 3)

Raja Vijayaraghavan V, J.

This matter pertains to the exchange of property owned by the Vellappattukavu Devaswom with the property of one Santhosh Mathew and the preparation of an exchange deed. The Ombudsman has referred the matter to this Court for appropriate directions to the RDO, Pala, to fix the market value and for further directions to the Board to take such steps as are required under law, as directed in the judgment of this Court in DBP No. 180 of 2012.

2. When the matter was taken up, it was submitted by the learned Standing Counsel appearing for the Travancore Devaswom Board that the RDO, Pala, as per proceedings vide No. L1-3240/2022 dated 20.02.2023 (produced as Ext.R1(a)), has fixed the fair value of the property at ₹10 lakhs per Are.

3. We find that a sum of ₹6 lakhs had been paid to the Devaswom Board as early as on 15.06.2013, and the TDB challan evidencing such payment was also produced before the Ombudsman. However, on the ground that the RDO had not fixed the fair value, the exchange deed was not executed. We are of the view that, in view of the fixation of the fair value by the RDO, directions can be issued to the parties to execute the exchange deed in terms of the directions issued by this Court in DBP No. 180 of 2012.

DBP is disposed of accordingly.

Sd/-

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