Kerala High Court Dismisses Petition for Eviction from Temple Land, Citing Purchase Certificates under Land Reforms Act

Kerala High Court Refuses Eviction from Temple Land: Purchase Certificates Prevail

Ernakulam, Kerala – The Kerala High Court, in a judgment delivered on Thursday, dismissed a writ petition and a Devaswom Board Petition seeking eviction of alleged encroachers from land belonging to the Koottala Sree Bhagavathi Temple in Mookkannur. The bench of Justice Anil K. Narendran and Justice Muralee Krishna S. ruled that individuals possessing purchase certificates under the Kerala Land Reforms Act cannot be evicted using the Kerala Land Conservancy Act.

Background of the Case

The case originated from a writ petition (WP(C) No. 19619 of 2015) filed by the Kshetropadeshaka Samithi and a devotee of the Koottala Sree Bhagavathi Temple. They sought the court's intervention to direct authorities to recover temple properties, alleging encroachment by private individuals, including the 8th respondent, Mr. A.P. Raman Nair , and later, additional respondents 9 to 13 and 14 to 16 (legal heirs of deceased respondents). A related Devaswom Board Petition (DBP No. 9 of 2016) was initiated suo motu based on a complaint about encroachment. Both cases were heard together due to the common issue.

The petitioners argued that the respondents had trespassed on approximately 2 acres of temple land and sought eviction under the Kerala Land Conservancy Act, referencing a 1993 court order (Ext.P1) directing eviction of encroachers.

Respondents' Counter-Arguments

The respondents, including Mr. Raman Nair and later his legal heirs, countered these claims by asserting their valid ownership of the disputed lands. They presented purchase certificates obtained under the Kerala Land Reforms Act, arguing that these certificates granted them legal title. Mr. Raman Nair , in his counter-affidavit, highlighted prior proceedings where the District Collector had rejected the Devaswom Board 's attempts to resume the land, recognizing his family's long-term possession and valid lease from the Devaswom .

Respondents 9 to 13 also presented a detailed chain of title, showcasing purchase deeds and partition deeds, asserting their rightful ownership and possession, separate from temple property, and demarcated by clear boundaries.

Court's Observations and Decision

The High Court noted that previous orders from 1995 (Ext.R9(P)) in related Temple Devaswom Board cases already recognized the validity of the purchase certificates held by Mr. Raman Nair and Mr. Chandrasekharan Nair (predecessor of respondents 9-13). The court highlighted a crucial excerpt from the 1995 order:

> “From the above facts, it is clear that 52.611 cents is in possession of Raman Nair and 89 cents of land is in possession of Chandrasekharan Nair . Both these persons have got valid title to the property. They are not encroachers as alleged in the complaint. The Land Tribunal has issued purchase certificates to the tenants in respect of these properties. Those orders have become final and we do not think that the Devaswom is in a position to take any steps to retrieve these properties. It cannot be said that there is any encroachment of temple properties. So, no steps could be taken against these persons.”

Based on these prior findings and the evidence presented, the court concluded that the respondents were not encroachers but held land under valid purchase certificates. The judgment emphasized that the Kerala Land Conservancy Act, 1957, was not the appropriate legal instrument for evicting individuals with such certificates.

The court clarified that while it was dismissing the current petitions, it was not ruling on the validity of the purchase certificates themselves. It explicitly stated that if the petitioners wished to challenge the issuance of these certificates, they could pursue remedies available under the Kerala Land Reforms Act, 1963, such as appeals to the Appellate Authority or through civil suits.

> “From the findings in Ext.R9(P) order it is clear that the official respondents cannot evict the party respondents from the property in their respective possession invoking the provisions under the Kerala Land Conservancy Act, 1957 and the rules made thereunder… Against the issuance of purchase certificate to the tenant under the Kerala Land Reforms Act, 1963, by the Land Tribunal, the remedy lies in the said Act itself by way of an appeal under Section 102 of the Kerala Land Reforms Act before the Appellate Authority concerned. Similarly, in deserving cases civil remedy can also be availed from the competent civil court.”

Implications of the Judgment

The Kerala High Court's decision underscores the importance of purchase certificates issued under the Kerala Land Reforms Act in establishing land ownership. It clarifies that eviction proceedings under the Kerala Land Conservancy Act are not applicable when individuals possess such certificates. The judgment effectively directs the Travancore Devaswom Board and temple authorities to seek alternative legal avenues if they wish to contest the validity of these purchase certificates or reclaim the land, rather than relying on direct eviction under land conservancy laws. The dismissal of the writ petition and DBP provides a measure of relief to the respondents, solidifying their claim to the disputed properties, at least for the time being, unless successfully challenged through proper legal channels.