W.P.(C)No.10267 of 2024 1 2024:KER:90587

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE ANIL K.NARENDRAN

&

THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

THURSDAY, THE 21

ST

DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946

W.P.(C)NO.10267 OF 2024

PETITIONERS:

1 PRABHAKARAN K.V.

AGED 62 YEARS

S/O KALLATTUVALAPPIL K.K.VELAYUDHAN, RAMAVARMAPURAM

P.O., VILVATTAM, THRISSUR DISTRICT, REPRESENTED BY

POWER OF ATTORNEY HOLDER SAJEESH K.V., AGED 43 YEARS,

S/O KALLATTUVALAPPIL K.K.VELAYUDHAN, RAMAVARMAPURAM

P.O., VILVATTAM, THRISSUR DISTRICT, PIN - 680631

2 DAVIS

AGED 56 YEARS

S/O ENASU, KUNAN HOUSE, PALAYAMPRAMBY, THRISSUR

DISTRICT, PIN - 68074

3 PRAKASAN

AGED 54 YEARS

S/O POOSSERY VELAYUDHAN, ENGINEERING COLLEGE P.O.,

VILVATOM VILLAGE, THRISSUR DISTRICT, PIN - 680009

BY ADVS.

V.M.KRISHNAKUMAR

P.R.REENA

RESPONDENTS:

1 STATE OF KERALA

REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE,

SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE DISTRICT COLLECTOR

COLLECTORATE, THRISSUR DISTRICT, PIN - 680003

3 THE SUB COLLECTOR

W.P.(C)No.10267 of 2024 2 2024:KER:90587

COLLECTORATE, THRISSUR DISTRICT, PIN - 680003

4 DEPUTY COLLECTOR, (LAND REFORMS) AND LAND TRIBUNAL

OFFICE OF DEPUTY COLLECTOR (LR), COLLECTORATE,

AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003

5 THE SPECIAL TAHSILDAR

COCHIN DEVASWOM BOARD, LC UNIT, ROUND NORTH, THRISSUR

DISTRICT, PIN - 680020

*6 ADDL.R6: COCHIN DEVASWOM BOARD,

REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM BOARD

OFFICE, ROUND NORTH, THRISSUR P.O., THRISSUR -680 001

(IS IMPLEADED AS PER ORDER DATED 10.06.2024 IN

I.A.NO.2 OF 2024 IN WP(C))

BY ADV K.P. SUDHEER

OTHER PRESENT:

SRI. S. RAJMOHAN, SR. GP

SRI. K.P. SUDHEER, SC, CDB

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C)No.10267 of 2024 3 2024:KER:90587

“C.R”

JUDGMENT

Anil K. Narendran, J.

The petitioners have filed this writ petition under Article 226

of the Constitution of India, seeking a writ of mandamus

commanding the 4

th

respondent Land Tribunal, Thrissur to pass

orders in S.M.Proceedings Nos.2681/2015, 4143/2015 and

2191/2015 filed for issuing purchase certificate under Section 72K

of the Kerala Land Reforms Act, 1963, as directed by the Appellate

Authority (Land Reforms), Thrissur, under Section 102 of the said

Act, by Ext.P5 order dated 28.10.2019 in A.A.No.63 of 2019,

Ext.P5(a) order dated 28.10.2019 in A.A.No.64 of 2019 and

Ext.P5(b) order dated 30.11.2019 in A.A.No.18 of 2019, within a

time frame as may be fixed by this Court; a writ of mandamus

commanding the 2

nd

respondent District Collector, Thrissur to pass

orders on Ext.P9 Revision Petition dated 07.12.2023 filed by the

1

st

petitioner, Ext.P10 Revision Petition filed by the 2

nd

petitioner

and Ext.P11 Revision Petition filed by the 3

rd

petitioner, under

Section 16(4) of the Kerala Land Conservancy Act, 1957, after

affording them an opportunity of being heard, and until then direct

the 5

th

respondent Special Tahsildar (Land Conservancy), Cochin

W.P.(C)No.10267 of 2024 4 2024:KER:90587

Devaswom Board, not to evict them from their respective

properties. Ext.P9 revision petition filed by the 1

st

petitioner arises

out of Ext.P7 order dated 17.08.2020 of the 3

rd

respondent Sub

Collector (RDO), Thrissur, in an appeal filed by the said petitioner

under Section 16(1)(b) of the said Act, challenging Ext.P3 order

dated 06.06.2019 of the 5

th

respondent Special Tahsildar (Land

Conservancy), in the exercise of the powers under Section 15 of

the said Act, on the ground that the petitioners and others have

encroached the land of ‘ Kuttumukku Devaswom ’ under the

management of Cochin Devaswom Board, comprised in Survey

No.211/2 of Vilvattom Village.

2. Though the reliefs sought for in this writ petition are in

respect of land comprised in Survey No.211/2 of Vilvattom Village

of Kuttumukku Devaswom under the management of the Cochin

Devaswom Board, the petitioners have chosen to file this writ

petition before this Court, without Cochin Devaswom Board,

represented by its Secretary as a respondent in the party array.

When it was noticed, they filed I.A.No.2 of 2024, which was

allowed by the order dated 10.06.2024, whereby Cochin

Devaswom Board, represented by its Secretary, was impleaded as

additional 6

th

respondent.

W.P.(C)No.10267 of 2024 5 2024:KER:90587

3. Along with I.A.No.1 of 2024, the petitioners have

placed on record Exts.P10 and P11 additional documents, which

was followed by I.A.No.3 of 2024 to accept Ext.P12 as an

additional document. On behalf of the additional 6

th

respondent

Cochin Devaswom Board, a counter affidavit dated 24.06.2024 is

placed on record, opposing the reliefs sought for in the writ

petition, producing therewith Exts.R6(a) to R6(c) documents.

Petitioners have filed a reply affidavit dated 16.07.2024,

producing therewith Exts.P13 to P31 documents.

4. Heard the learned Senior Counsel for the petitioners,

the learned Senior Government Pleader for respondents 1 to 4 and

the learned Standing Counsel for Cochin Devaswom Board for the

5

th

respondent and also for additional 6

th

respondent.

5. According to the petitioners, the land having an extent

of 1.72 Acres in Survey No.211/2 of Vilvattom Village was

‘Verumpattom’ right holding of one Parameswara Menon, who was

holding the land as a cultivating tenant as defined under clause

(8) of Section 2 the Kerala Land Reforms Act. Parameswara

Menon, vide Verumpattom sale deed No.1790/1974 dated

05.06.1974 of the Sub Registrar Office, Thrissur, sold the property

to one Gopalan Nair. After the death of Gopalan Nair, the property

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was partitioned by his legal heirs, vide partition deed No.2474 of

1997 dated 07.05.1997 of the Sub Registrar Office, Thrissur. The

1

st

petitioner obtained 62.5 cents of land in Survey No.211/2 of

Vilvattom Village from the legal heirs of Gopalan Nair vide sale

deed Nos.2021 of 2005, 2922 of 2005 and 2923 of 2005 of the

Sub Registrar Office, Thrissur. The 2

nd

petitioner obtained 8.5

cents of land in Survey No.211/2 of Vilvattom Village from the

legal heirs of Gopalan Nair vide sale deed No.4322 of 2005 of the

Sub Registrar Office, Thrissur. The 3

rd

petitioner obtained an

extent of 10 cents of land in Survey No.211/2 of Vilvattom Village

from the legal heirs of Gopalan Nair, vide sale deed No.6051 of

2004 of the Sub Registrar Office, Thrissur. An extent of 31 cents

(12.54 ares) in Survey No.211/2 of Vilvattom Village, owned by

Gopalan Nair, was purchased by one C.V. George from the legal

heirs of Gopalan Nair. The said George obtained Ext.P1 purchase

certificate dated 11.05.2015 from the 4

th

respondent Land

Tribunal, Thrissur, in S.M. Proceedings No.812/2009. Ext.P2 is a

copy of the proceedings dated 11.11.2014 of the Land Tribunal in

S.M. Proceedings No.812/2009. As evident from Ext.P2 order, in

S.M. Proceedings No.812/2009 before the Land Tribunal,

‘Sreekrishnapuram Devaswom ’ was arrayed as the respondent-

W.P.(C)No.10267 of 2024 7 2024:KER:90587

land owner.

6. Exhibit P3 is a copy of the order dated 06.06.2019

issued by the 5

th

respondent Special Tahsildar (Land

Conservancy), Cochin Devaswom Board, under the provisions of

the Kerala Land Conservancy Act, to the petitioners herein and

others, on the ground that they have encroached upon the land of

‘Kuttumukku Devaswom ’ comprised in Survey No.211/2 of

Vilvattom Village. A reading of Ext.P3 order would show that in the

Basic Tax Register of Vilvattom Village, the property is described

as Survey No.211/2 ‘Sreekrishnapurathu Parambu Puramboke ’,

1.72 Acres ‘Sreekrishnapuram Ambalaparambu ’. Ext.P3 order

refers to a request dated 14.12.2017 of the Devaswom Officer,

Kuttumukku Devaswom, to the 5

th

respondent Special Tahsildar

(Land Conservancy), to initiate appropriate proceedings under the

Kerala Land Conservancy Act. The said order also refers to a letter

dated 01.11.2017 issued by the additional 6

th

respondent Cochin

Devaswom Board. In S.M. proceedings No.2681/2015, the request

made by the 1

st

petitioner for purchase certificate stands rejected

by Ext.P4 order dated 16.05.2019 of the 4

th

respondent Land

Tribunal, Thrissur, on the ground that as per the settlement

register and Basic Tax Register (BTR) abstract submitted by the

W.P.(C)No.10267 of 2024 8 2024:KER:90587

Village Officer, Vilvattom, Survey No.211/2 is marked as

‘puramboke’ and in the remarks column as ‘Sreekrishnapuram

Devaswom land ’. In S.M. proceedings Nos.4143/2015 and

2191/2015, the requests made by the 2

nd

and 3

rd

petitioners for

purchase certificates were also rejected stating the very same

reason, by separate orders. The appeals filed by the petitioners

before the Appellate Authority (Land Reforms), Thrissur as

A.A.Nos.63 of 2019, 64 of 2019 and 18 of 2019, invok ing the

provisions under Section 102 of the Kerala Land Reforms Act, 1963

were allowed by Exts.P5, P5(a) and P5(b) orders dated

28.10.2019 and 30.11.2019, whereby the matter is remanded to

the 4

th

respondent Land Tribunal, Thrissur, for fresh consideration.

In the said order, the Appellate Authority noticed Ext.P2

proceedings dated 11.11.2014 of the 4

th

respondent Land Tribunal

in S.M. Proceedings No.812/2009 granting purchase certificate to

C.V. George in respect of 31 cents land in Survey No.211/2 of

Vilvattom Village and the proceedings pendi ng before the 3

rd

respondent Sub Collector (RDO) against the proceedings initiated

by the 5

th

respondent Tahsildar (Land Conservancy), vide Ext.P3

order dated 06.06.2019, under the provisions of the Kerala Land

Conservancy Act, regarding encroachment of Devaswom Land.

W.P.(C)No.10267 of 2024 9 2024:KER:90587

7. The proceedings initiated by Ext.P3 order dated

06.06.2019 of the 5

th

respondent Special Tahsildar (Land

Conservancy), invoking the provisions under the Kerala Land

Conservancy Act, regarding encroachment of the land of

Kuttumukku Devaswom, was challenged before the 3

rd

respondent

Sub Collector, by Jaleesh Peter and Fiba Rani John, who claimed

title over the land having an extent of 0.0405 hectors in Survey

No.211/2 of Vilvattom Village and another extent of 0.0405

hectors in Survey No.211/2 of Vilvattom Village, vide document

Nos.499/2018 and 3064/2018 of the Sub Registrar Office,

Thrissur. As evident from Ext.P6 order dated 27.01.2020 of the 3

rd

respondent Sub Collector, the Cochin Devaswom Board raised a

specific contention that Ext.P1 purchase certificate obtained by

C.V. George from the 4

th

respondent Land Tribunal, Thrissur in

respect of the land comprised in Survey No.211/2 of Vilvattom

Village owned by the deity, who is a perpetual minor, is not one

obtained in accordance with law. However, by Ext.P6 order dated

27.01.2020, the 3

rd

respondent Sub Collector set aside the

proceedings under the Kerala Land Conservancy Act, taken by the

5

th

respondent Special Tahsildar (Land Conservancy) pursuant to

Ext.P3 order dated 06.09.2019, against the said persons, on the

W.P.(C)No.10267 of 2024 10 2024:KER:90587

ground that C.V. George has obtained Ext.P1 purchase certificate

in respect of the said land.

8. Ext.P3 order dated 06.06.2019 of the 5

th

respondent

Special Tahsildar (Land Conservancy) was under challenge in three

appeals filed by the petitioners before the 3

rd

respondent Sub

Collector (RDO), Thrissur, invoking the provisions under Section

16(1)(b) of the Kerala Land Conservancy Act. Those appeals

ended in dismissal by Ext.P7 order dated 17.08.2020 in the case

of the 1

st

petitioner and similar orders issued in the case of the 2

nd

and 3

rd

petitioners. Against those orders, the petitioners have filed

Exts.P9 to P11 revision petitions before the 2

nd

respondent District

Collector, invoking the provisions under Section 16(4) of the said

Act, which are now pending consideration.

9. Along with the reply affidavit filed by the petitioners to

the counter affidavit filed by the 6

th

respondent Cochin Devaswom

Board, various documents have been placed on record as Exts.P13

to P31, in support of the claim made by them in respect of their

respective holdings in Survey No.211/2 of Vilvattom Village. In the

reply affidavit, it is stated that the land in question was originally

on Verumpattom tenancy with Parameswara Menon as per

registered Verumpattom Chit No.160 of 1954 in favour of the

W.P.(C)No.10267 of 2024 11 2024:KER:90587

Secretary, Cochin Devaswom Board. Parameswara Menon

mortgaged the said land by way of simple mortgage as per Ext.P17

mortgage deed No.3315 of 1970 of the Sub Registrar Office,

Thrissur. Subsequently, he sold the said land to Gopalan Nair, vide

Ext.P18 Verumpattom Sale Deed No.1790 of 1974 of the Sub

Registrar Office, Thrissur. Gopalan Nair died and his legal heirs

partitioned the said land vide Ext.P20 partition deed No.2474/1/97

dated 07.05.1997 of the Sub Registrar Office, Thrissur. The

document marked as Ext.P19 is a copy of family membership

certificate dated 02.12.2004 issued by the Village Officer,

Vilvattom to the legal heirs of Gopalan Nair. The documents

marked as Exts.P21 to P23 are basic tax receipts dated

20.05.2002, 22.11.2004 and 25.06.2003 in favour of the legal

heirs of Gopalan Nair. The document marked as Ext.P24 is a copy

of the basic tax receipt dated 13.10.2003 in the name of the 3

rd

petitioner. The documents marked as Exts.P25 to P27 are sale

deed Nos.2921 of 2005, 2922 of 2005 and 2923 o f 2005 dated

28.03.2005 of the Sub Registrar Office, Thrissur executed by

Rajagopalan, S/o.Gopalan Nair, in favour of the 1

st

petitioner for a

total extent of 62 cents (21+21+20.5). The document marked as

Ext.P28 is sale deed No.6051 of 2004 dated 10.09.2004 executed

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by the power of attorney holder of Ramachandran, S/o.Gopalan

Nair, in favour of the 2

nd

petitioner. The document marked as

Ext.P29 is sale deed No.4322 of 2005 dated 10.06.2005 executed

by Ushadevi, D/o.Gopalan Nair, in favour of the 3

rd

petitioner. The

document marked as Ext.P30 is a copy of order dated 18.12.2018

of the 4

th

respondent Land Tribunal, Thrissur in S.M. Proceedings

No.2191/2015, whereby the request made by the 3

rd

petitioner for

purchase certificate stands rejected for the reasons stated therein.

After the order of remand by Exts.P5, P5(a) and P5(b) orders of

the Appellate Authority (Land Reforms), Thrissur, S.M.

Proceedings Nos.2681/2015, 4143/2015 and 2191/2015 are now

pending consideration before the 4

th

respondent Land Tribunal,

Thrissur.

10. Along with the counter affidavit dated 24.06.2024 filed

by the 6

th

respondent Cochin Devaswom Board, Ext.R6(b)

communication dated 05.09.2022 issued by the 2

nd

respondent

District Collector is placed on record, whereby the application

made by the Board for obtaining a certified copy of Ext.P1

purchase certificate in S.M. Proceedings No.812/2009 issued by

the 4

th

respondent Land Tribunal, Thrissur, in favour of C.V.

George, in respect of 31 Cents of land in Survey No.211/2 of

W.P.(C)No.10267 of 2024 13 2024:KER:90587

Vilvattom Village stands rejected for the reason that the files could

not be traced out. By the order dated 09.08.2024, the learned

Senior Government Pleader was directed to get instructions in that

regard, from the 2

nd

respondent District Collector.

11. Today, when this matter is taken up for consideration,

the learned Senior Government Pleader has made available for the

perusal of this Court the files relating to Ext.P1 purchase certificate

dated 11.05.2015 issued by the 4

th

respondent Land Tribunal,

Thrissur, in S.M. Proceedings No.812/2009. As discernible from

the files, Cochin Devaswom Board, represented by its Secretary

was not made a party in the S.M. Proceedings No.812/2009 before

the Land Tribunal, which culminated in the issuance of Ext.P1

purchase certificate, instead the Devaswom Officer,

‘Sreekrishnapuram Devaswom ’ was arrayed as a respondent in

that proceedings. A perusal of the said files would also show that

the notice issued to the Devaswom Officer, Sreekrishnapuram

Devaswom returned as ‘refused’. The files contain an envelope in

which such an endorsement was made by the postal authorities

on 19.09.2010.

12. The learned Standing Counsel for Cochin Devaswom

Board would point out that in Ext.P2 proceedings dated

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11.11.2014 of the 4

th

respondent Land Tribunal granting purchase

certificate to C.V. George, in respect of 31 Cents of land in Survey

No.211/2 of Vilvattom Village, it is stated that ‘E Form notice’ was

served on the concerned Devaswom authorities, i.e.,

Sreekrishnapuram Devaswom and no objection was received. The

learned Standing Counsel would also point out the stand taken by

the Board in paragraph 3 of the counter affidavit filed in this writ

petition that for reasons best known to C.V. George, the applicant

in S.M. Proceedings No.812/2009, Cochin Devaswom Board was

not made a party to that proceedings. Further, there is no

Devaswom by the name ‘Sreekrishnapuram Devaswom’ under

Cochin Devaswom Board and the property in question comes

under ‘Kuttumukku Devaswom’. A reading of Ext.P3 order of the

5

th

respondent Special Tahsildar (Land Conservancy) would show

that in the Basic Tax Register, the property in Survey No.211/2 of

Vilvattom Village is described as ‘Sreekrishnapurathu Parambu

Puramboke’, 1.72 Acres ‘Sreekrishnapuram Ambalaparambu ’.

13. 'Deva' means God and 'swom' means ownership in

Sanskrit and the term 'Devaswom' denotes the property of God in

common parlance. See: Prayar Gopalakrishnan and another

v. State of Kerala and others [2018 (1) KHC 536].

W.P.(C)No.10267 of 2024 15 2024:KER:90587

14. In A.A. Gopalakrishnan v. Cochin Devaswom

Board [(2007) 7 SCC 482] a Three-Judge Bench of the Apex

Court held that the properties of deities, temples and Devaswom

Boards are required to be protected and safeguarded by their trus-

tees/archakas/shebaits/employees. Instances are many where

persons entrusted with the duty of managing and safeguarding

the properties of temples, deities and Devaswom Boards have

usurped and misappropriated such properties by setting up false

claims of ownership or tenancy, or adverse possession. This is

possible only with the passive or active collusion of the authorities

concerned. Such acts of ‘fence eating the crops’ should be dealt

with sternly. The Government, members or trustees of

boards/trusts, and devotees should be vigilant to prevent any such

usurpation or encroachment. It is also the duty of courts to protect

and safeguard the properties of religious and charitable institu-

tions from wrongful claims or misappropriation.

15. In Travancore Devaswom Board v. Mohanan Nair

[2013 (3) KLT 132] a Division Bench of this Court noticed that

in A.A. Gopalakrishnan [(2007) 7 SCC 482] the Apex Court

emphasised that it is the duty of the courts to protect and

safeguard the interest and properties of the religious and

W.P.(C)No.10267 of 2024 16 2024:KER:90587

charitable institutions. The relevant principles under the Hindu law

will show that the Deity is always treated similar to that of a minor

and there are some points of similarity between a minor and a

Hindu idol. The High Court therefore is the guardian of the Deity

and apart from the jurisdiction under Section 103 of the Land

Reforms Act, 1963 viz. the powers of revision, the High Court has

inherent jurisdiction and the doctrine of parens patriae will also

apply in exercising the jurisdiction. Therefore, when a complaint

has been raised by the Temple Advisory Committee, which was

formed by the devotees of the Temple, about the loss of properties

of the temple itself, the truth of the same can be gone into by the

High Court in these proceedings.

16. In Nandakumar v. District Collector and others

[2018 (2) KHC 58] a Division Bench of this Court noticed that

the legal position has been made clear by the Apex Court as to the

role to be played by the High Court in exercising the ‘ parens

patriae’ jurisdiction in A.A. Gopalakrishnan [(2007) 7 SCC

482]. The said decision was referred to and relied on by a Division

Bench of this Court in Mohanan Nair [2013 (3) KLT 132] . In

the said circumstances, the properties of the Devaswom, if at all

encroached by anybody and if any assignment/ conveyance has

W.P.(C)No.10267 of 2024 17 2024:KER:90587

been effected without the involvement of the Devaswom, securing

‘pattayam’ or such other deeds, the same cannot confer any right

upon the parties concerned, unless the title so derived is clear in

all respects. There cannot be any dispute that the remedy to

retrieve such property belonging to the Devaswom is by resorting

to the course stipulated in the Kerala Land Conservancy Act, 1957.

17. In A.A. Gopalakrishnan v. Secretary, Cochin

Devaswom Board [2018 (3) KHC 549] a Division Bench of

this Court found that the task undertaken by the complainant to

ensure that the property of the Devaswom is protected and

preserved has ultimately brought out the plain truth that the said

property was sought to be appropriated by strangers and that the

property in Sy.No.1042/2 has been successfully retrieved by the

Devaswom, based on the intervention made by this Court and also

by the Apex Court in A.A. Gopalakrishnan [(2007) 7 SCC 482] .

Proceedings have to be taken to a logical conclusion in respect of

the land in Sy.No. 1043 as well. This is more so since in view of

the ‘parens patriae’ jurisdiction being entrusted with the Court in

this regard, there is a duty cast upon the Court to take every step

to ensure that the property of the deity is protected.

18. In Jayaprakashan K. v. State of Kerala and others

W.P.(C)No.10267 of 2024 18 2024:KER:90587

[2023 (3) KHC SN 14 : 2023 (3) KLT 541] a Division Bench of

this Court, in which one among us [Anil K. Narendran, J.] was a

party, noticed that in view of the provisions under sub-section (1)

of Section 3 of the Kerala Land Reforms Act, 1963, nothing in

Chapter II (i.e., provisions regarding tenancies) shall apply to

leases or tenancies of land referred to in clauses (i) to (xii) of the

said sub-section. As per clause (x) of sub-section (1) of Section 3,

nothing in Chapter II shall apply to tenancies in respect of sites,

tanks and premises of any temple, mosque or church (including

sites belonging to a temple, mosque or church on which religious

ceremonies are conducted) and sites of office buildings and other

buildings attached to such temple, mosque or church, created by

the owner, trustee or manager of such temple, mosque or church.

In view of the provisions under sub-section (1) of Section 74, after

the commencement of the Act, no tenancy shall be created in

respect of any land. As per sub-section (2) of Section 74, any

tenancy created in contravention of the provisions of sub-section

(1) shall be invalid. In view of the provisions under sub-section

(1) of Section 57, as soon as may be after the receipt of the

application under Section 54, the Land Tribunal shall give notice

to the landowner, the intermediaries and all other persons

W.P.(C)No.10267 of 2024 19 2024:KER:90587

interested in the holding, to prefer claims or objections with regard

to the application. As per sub-section (2) of Section 57, the land

Tribunal shall, after considering the claims and objections received

and hearing any person appearing in pursuance of the notice

issued under sub-section (1) and after making due enquiries, pass

orders - (i) on the application, if any, pending before it from the

landowner or intermediary for resumption in accordance with the

provisions of Section 22; and (ii) on the application for purchase

under Section 54. In view of the provisions under sub-section (1)

of Section 72, on a date to be notified by the Government in this

behalf in the Gazette, all right, title and interest of the landowners

and intermediaries in respect of holdings held by cultivating

tenants (including holders of kudiyiruppus and holders of

karaimas) entitled to fixity of tenure under Section 13 and in

respect of which certificates of purchase under sub-section (2) of

Section 59 have not been issued, shall, subject to the provisions

of this section, vest in the Government free from all encumbrances

created by the landowners and intermediaries and subsisting

thereon on the said date. In view of the provisions under sub -

section (1) of Section 72B, the cultivating tenant of any holding or

part of a holding, the right, title and interest in respect of which

W.P.(C)No.10267 of 2024 20 2024:KER:90587

have vested in the Government under Section 72, shall be entitled

to assignment of such right, title and interest. As per clause (a) to

the proviso to sub-section (1) of Section 72B, no cultivating tenant

shall be entitled to assignment of the right, title and interest in

respect of any holding or part of a holding under this section if he,

or if he is a member of a family, such family, owns an extent of

land not less than the ceiling area. As per clause (b) to the proviso

to sub-section (1) of Section 72B, where the cultivating tenant or,

if he is a member of a family, such family, does not own any land

or owns an extent of land which is less than the ceiling area, he

shall be entitled to the assignment of the right, title and interest

in respect of only such extent of land as will, together with the

land, if any, owned by him or his family, as the case may be, be

equal to the ceiling area. In view of the provisions under sub-

section (1) of Section 72BB, any landowner or intermediary whose

right, title and interest in respect of any holding have vested in

the Government may apply to the Land Tribunal for the

assignment of such right, title and interest to the cultivating

tenant and for the payment of the compensation due to him under

Section 72A. As per Section 72C, notwithstanding anything

contained in sub-section (3) of Section 72B or Section 72BB, the

W.P.(C)No.10267 of 2024 21 2024:KER:90587

Land Tribunal may, subject to such rules as may be made by the

Government in this behalf, at any time after the vesting of the

right, title and interest of the landowners and intermediaries in

the Government under Section 72, assign such right, title and

interest to the cultivating tenants entitled thereto, and the

cultivating tenants shall be bound to accept such assignment. In

view of the provisions under Section 72F, the Land Tribunal has to

issue notices and determine the compensation and purchase price.

As per sub-section (1) of Section 72F, as soon as may be after the

right, title and interest of the landowner and the intermediaries, if

any, in respect of a holding or part of a holding have vested in the

Government under Section 72, or, where an applic ation under

Section 72B or Section 72BB has been received by the Land

Tribunal, as soon as may be after the receipt of such application,

the Land Tribunal shall publish or cause to be published a public

notice in the prescribed form in such manner as may b e

prescribed, calling upon the landowner, the intermediaries, if any

and cultivating tenant; and all other persons interested in the

land, the right, title and interest in respect of which have vested

in the Government, to prefer claims and objections, if any, within

such time as may be specified in the notice and to appear before

W.P.(C)No.10267 of 2024 22 2024:KER:90587

it on the date specified in the notice with all relevant records to

prove their respective claims or in support of their objections. As

per the mandate of sub -section (5) of Section 72F, the land

Tribunal shall, after considering the claims and objections received

in pursuance of the notice issued under sub-section (1) or sub-

section (2) and the advice received from the village committee or

village committees before the date specified therefor and hearing

any person appearing in pursuance of the notice issued under sub-

section (1) or sub-section (2) and after making due enquiries,

pass an order specifying the matters enumerated in clauses (a) to

(i) of sub-section (5). As per sub-section (1) of Section 72K, as

soon as may be after the determination of the purchase price

under Section 72F or the passing of an order under sub -section

(3) of Section 72MM the Land Tribunal shall issue a certificate of

purchase to the cultivating tenant, and thereupon the right, title

and interest of the landowner and the intermediaries, if any, in

respect of the holding or part thereof to which the certificate

relates, shall vest in the cultivating tenant free from all

encumbrances created by the landowner or the intermediaries if

any.

19. In Jayaprakashan K. [2023 (3) KHC SN 14] the

W.P.(C)No.10267 of 2024 23 2024:KER:90587

Division Bench, on an analysis of the aforesaid provisions under

the Kerala Land Reforms Act, found that the said Act is a complete

code by itself as far as the right of cultivating tenant to fixity of

tenure in respect of his holding, the right of the cultivating tenant

to get assignment of the right, title and interest in respect of his

holdings, the determination by the Land Tribunal the

compensation and purchase price and the issuance of purchase

certificate to the cultivating tenant. The provisions under the said

Act deal with the application for the purchase of the landlord's

right by the cultivating tenant and the procedure for consideration

of the application by the Land Tribunal, with notice to the

landowner, the intermediaries, if any, the cultivating tenant and all

persons interested in the land, calling upon them to prefer claims

and objections, if any, and after making due enquiries. Thereafter,

the Land Tribunal shall issue a certificate of purchase to the

cultivating tenant. In view of the provisions under the Kerala Land

Reforms (Tenancy) Rules, where the Land Tribunal is of the opinion

that an application for purchase certificate has to be allowed, it

shall, before it passes an order under Section 57, prepare

preliminary findings on the matters enumerated in clauses (a) to

(m) of sub-rule (1) of Rule 55. The Land Tribunal shall issue a

W.P.(C)No.10267 of 2024 24 2024:KER:90587

notice of its findings to the landowner, every intermediary, etc.,

calling upon them to prefer in writings claims for the purchase

price or part thereof. On receipt of the objections or claims, if any,

the Land Tribunal shall consider the same and decide the claims

after giving reasonable opportunity to the parties to produce such

evidence as may be necessary and then proceed to pass an order

under Section 57 of the Act. In such an order passed by the Land

Tribunal on an application filed under Section 54 of the Act by the

cultivating tenant for purchase of landlord's right, the Land

Tribunal has to record its finding that the applicant is a cultivating

tenant, as defined under clause (8) of Section 2 of the Act, who is

entitled to fixity of tenure under Section 13 of the Act, in respect

of his holding. The tenancy is not in respect of land falling under

clauses (i) to (xii) of Section 3 of the Act, which deals with

exemptions. The tenancy is not one created in contravention of

the provisions of sub-section (1) of Section 74 of the Act, i.e., it is

not a tenancy created after the commencement of the Act. It is

well settled that, when the statute requires to do certain thing in

a certain way, the thing must be done in that way or not at all.

Other methods or modes of performance are impliedly and

necessarily forbidden. The said proposition of law is based on a

W.P.(C)No.10267 of 2024 25 2024:KER:90587

legal maxim 'expressio unius est exclusio alterius' meaning

thereby that, if the statute provides for a thing to be done in a

particular manner, then it has to be done in that manner and in no

other manner, and following another course is not permissible. The

said proposition of law about limitation of the exercise of statutory

power has first been identified by Jassel M.R. in the case of Taylor

v. Taylor [(1876) 1 Ch.D. 426] , wherein it was laid down that,

where a power is given to do a certain thing in a certain way, that

thing must be done in that way, or not at all, and that other

methods of performance are necessarily forbidden. The Privy

Council applied the said principle in the case of Nazir Ahmed v.

King Emperor [AIR 1936 PC 253] . In Breen v. Amalgamated

Engineering Union (1971 (1) All ER 1148) Lord Denning, M.R.

observed that the giving of reasons is one of the fundamentals of

good administration. In Alexander Machinery (Dudley) Ltd. v.

Crabtree (1974 ICR 120) it was observed that failure to give

reasons amounts to denial of justice . Reasons are live links

between the mind of the decision -taker to the controversy in

question and the decision or conclusion arrived at. By the order

dated 15.12.2021 in W.P.(C)No.8851 of 2020, this Court

restrained all Land Tribunals in the State from proceedings with

W.P.(C)No.10267 of 2024 26 2024:KER:90587

any Original Application filed before the appointed date or S.M.

Proceedings for purchase certificate in respect of Devaswom lands

of Temples under the control/management of Malabar Devaswom

Board, Travancore Devaswom Board and also the Cochin

Devaswom Boa rd, without the respective Devaswom Board,

represented by its Secretary, in the party array. In the said order,

it was made clear that a copy of the Original Application or the

report and other materials based on which S.M. Proceedings are

initiated shall be enclosed along with the notice issued to the

concerned Devaswom Board, through the concerned Village

Officer. The Land Tribunals were directed to afford a reasonable

opportunity to the concerned Devaswom Board to raise its

contentions, both legal and factual. It was made clear that the

decision taken by the Land Tribunals shall be one reflecting the

legal and factual contentions raised by both sides.

20. In Jayaprakashan K. [2023 (3) KHC SN 14] , in

continuation of the order dated 15.12.2021 in W.P.(C)No.8851 of

2020, it was ordered that, in the orders passed by the Land

Tribunals in the State in Original Applications/S.M. Proceedings for

purchase certificate, the Land Tribunal has to record its findings

that the applicant is a cultivating tenant, as defined under clause

W.P.(C)No.10267 of 2024 27 2024:KER:90587

(8) of Section 2 of the Act, who is entitled to fixity of tenure under

Section 13 of the Act, in respect of his holding; that the tenancy

is not in respect of land falling under clauses (i) to (xii) of Section

3 of the Act, which deals with exemptions; and that the tenancy

is not one created in contravention of the provisions of sub-section

(1) of Section 74 of the Act, i.e., it is not a tenancy created after

the commencement of the Act. In respect of temples which are

controlled institutions under Malabar Devaswom Board, the Land

Tribunals shall take note of the provisions under Section 29 of the

Madras Hindu Religious and Charitable Endowments Act, 1951, as

per which any exchange, sale or mortgage and any lease of any

immovable property belonging to, or given or endowed for the

purpose of, any religious institution shall be null and void unless it

is sanctioned by the Commissioner as being necessary or

beneficial to the institution.

21. The temples under Kuttumukku Devaswom are (i)

Kuttumukku Sivan Temple, (ii) Cheruthrikkovu Krishnan Temple,

(iii) Navathrikkovu Sivan Temple, (iv) Sreekrishnapuram Krishnan

Temple, (v) Maruthur Devi Temple and (vi) Thenkulangara Kali

Temple. As already noticed hereinbefore, a reading of Ext.P3 order

of the 5

th

respondent Special Tahsildar (Land Conservancy) would

W.P.(C)No.10267 of 2024 28 2024:KER:90587

show that in the Basic Tax Register, the property in Survey

No.211/2 of Vilvattom Village is described as ‘Sreekrishnapurathu

Parambu Puramboke’, 1.72 Acres ‘ Sreekrishnapuram

Ambalaparambu’. Out of the said 1.72 Acres of land, C.V. George,

who purchased 31 cents (12.54 Ares) from the legal heirs of

Gopalan Nair, obtained Ext.P1 purchase certificate dated

11.05.2015 from the 4

th

respondent Land Tribunal, Thrissur, in

S.M. Proceedings No.812/2009, based on Ext.P2 proceedings

dated 11.11.2014 of the Land Tribunal. As evident from Ext.P2

order, in S.M. Proceedings No.812/2009 before the Land Tribunal,

‘Sreekrishnapuram Devaswom ’ was arrayed as the respondent-

landowner. Therefore, the said George obtained Ext.P1 purchase

certificate from the 4

th

respondent Land Tribunal in S.M.

Proceedings No.812/2009, in which Cochin Devaswom Board

represented by its Secretary was not a party.

22. The specific stand taken in the counter affidavit filed by

the Cochin Devaswom Board is that there is no Devaswom by the

name ‘Sreekrishnapuram Devaswom’ under the said Board. The

application made by the Board for obtaining a certified copy of

Ext.P1 purchase certificate in S.M. Proceedings No.812/2009

issued by the 4

th

respondent Land Tribunal, Thrissur, was rejected

W.P.(C)No.10267 of 2024 29 2024:KER:90587

by Ext.R6(b) communication dated 05.09.2022 of the 2

nd

respondent District Collector for the reason that the files could not

be traced out.

23. Pursuant to the order of this Court dated 09.08.2024,

the learned Senior Government Pleader has made available for the

perusal of this Court the files relating to Ext.P1 purchase certificate

dated 11.05.2015 issued by the 4

th

respondent Land Tribunal in

S.M. Proceedings No.812/2009. As discernible from the files,

Cochin Devaswom Board, represented by its Secretary was not

made a party in the S.M. Proceedings No.812/2009, which

culminated in the issuance of Ext.P1 purchase certificate. Instead,

the Devaswom Officer, ‘Sreekrishnapuram Devaswom ’ was

arrayed as a respondent-landowner. The notice issued to the

Devaswom Officer, Sreekrishnapuram Devaswom returned as

‘refused’. The files contain an envelope in which such an

endorsement was made by the postal authorities on 19.09.2010.

24. In the reply affidavit, the petitioners have not denied

the specific stand taken in the counter affidavit filed by the Cochin

Devaswom Board that there is no Devaswom by the name

‘Sreekrishnapuram Devaswom’ under the said Board. Therefore, it

is not in dispute that Ext.P1 purchase certificate is one obtained

W.P.(C)No.10267 of 2024 30 2024:KER:90587

by C.V. George behind the back of Cochin Devaswom Board , in

respect of 31 cents of the land of Kuttumukku Devaswom

comprised in Survey No.211/2 of Vilvattom Village.

25. Though the land in question comprised in Survey

No.211/2 of Vilvattom Village belongs to Sreekrishnapuram

Krishnan Temple under Kuttumukku Devaswom, which is under

the management of Cochin Devaswom Board, the B oard

represented by its Secretary is not arrayed as the respondent -

landowner in S.M. Proceedings Nos.2681/2015, 4143/2015 and

2191/2015 pending before the 4

th

respondent Land Tribunal,

Thrissur for the issuance of purchase certificate. As evident from

Exts.P5, P5(a) and P5(b) orders in A.A.Nos.63 of 2019, 64 of 2019

and 18 of 2019, Cochin Devaswom Board represented by its

Secretary was not arrayed as the respondent in those appeals filed

before the Appellate Authority (Land Reforms), Thrissur.

Therefore, the findings in Exts.P5, P5(a) and P5(b) orders of the

Appellate Authority, touching the merits of the matter pending

before the 4

th

respondent Land Tribunal, Thrissur in S.M.

Proceedings Nos.2681/2015, 4143/2015 and 2191/2015 are not

binding on the Board. Similarly, since the Board was not arrayed

as the respondent-landowner in S.M. Proceedings No.812 of 2009

W.P.(C)No.10267 of 2024 31 2024:KER:90587

before the 4

th

respondent Land Tribunal, which has culminated in

the issuance of Ext.P1 purchase certificate in favour of C.V.

George, the findings in Ext.P2 proceedings in the said S.M.

Proceedings of the 4

th

respondent Land Tribunal touching the

merits of the matter pending in S.M. Proceedings Nos.2681/2015,

4143/2015 and 2191/2015 are also not binding on the Board.

Despite the direction contained in the order of this Court dated

15.12.2021 in W.P.(C)No.8851 of 2020, the 4

th

respondent Land

Tribunal, Thrissur has not chosen to implead Cochin Devaswom

Board represented by its Secretary as the respondent-landowner

in S.M. Proceedings Nos.2681/2015, 4143/2015 and 2191/2015.

26. As held by this Court in Jayaprakashan K. [2023 (3)

KHC SN 14], in an order passed by the Land Tribunal in Original

Applications/S.M. Proceedings for purchase certificate, the Land

Tribunal has to record its finding that that the tenancy is not in

respect of land falling under clauses (i) to (xii) of Section 3 of the

Act, which deals with exemptions. In view of the provisions under

clause (x) of sub-section (1) of Section 3, nothing in Chapter II

shall apply to tenancies in respect of sites, tanks and premises of

any temple, including sites belonging to a temple, on which

religious ceremonies are conducted, and sites of office buildings

W.P.(C)No.10267 of 2024 32 2024:KER:90587

and other buildings attached to such temple created by the owner,

trustee or manager of such temple.

27. The land comprised in Survey No.211/2 of Vilvattom

Village, which is the subject matter of the said S.M. Proceedings,

belongs to Sreekrishnapuram Krishnan Temple under Kuttumukku

Devaswom, which is under the management of Cochin Devaswom

Board. In Ext.P3 order dated 06.06.2019, the 5

th

respondent

Special Tahsildar (Land Conservancy), Cochin Devaswom Board,

noticed that in the Basic Tax Register, the property in Survey

No.211/2 of Vilvattom Village is described as ‘Sreekrishnapurathu

Parambu Puramboke’, 1.72 Acres ‘ Sreekrishnapuram

Ambalaparambu’. The petitioners, who have challenged the

proceedings initiated against them under Ext.P3 order, by invoking

the statutory remedy provided under the Kerala Land Conservancy

Act, have not chosen to point out before the 4

th

respondent Land

Tribunal, Thrissur that the proceedings in S.M. Proceedings

Nos.2681/2015, 4143/2015 and 2191/2015 is bad for non -joinder

of the necessary party, i.e., Cochin Devaswom Board represented

by its Secretary as the respondent-landowner. Exts.P9 to P11

revision petitions filed by the petitioners, invoking the provisions

under Section 16(4) of the Kerala Land Conservancy Act are now

W.P.(C)No.10267 of 2024 33 2024:KER:90587

pending consideration before the 2

nd

respondent District Collector.

28. The attempt made by the petitioners in seeking time-

bound disposal of the said S.M. Proceedings pending before the

4

th

respondent Land Tribunal, by invoking the writ jurisdiction of

this Court under Article 226 of the Constitution of India, in this

writ petition in which Cochin Devaswom Board represented by its

Secretary was not originally arrayed as a respondent, has to be

deprecated in the strongest words and we do so. Such conduct of

the petitioners amounts to invoking the extraordinary jurisdiction

of this Court under Article 226 of the Constitution of India with

unclean hands.

29. Having considered the pleadings and materials on

record and also the submissions made at the Bar, we deem it

appropriate to dispose of this writ petition with the following

directions;

i) The Secretary of the Cochin Devaswom Board shall make

an application for certified copies of Ext.P2 order dated

11.11.2014 and Ext.P1 purchase certificate dated

11.05.2015 of the 4

th

respondent Land Tribunal, Thrissur in

S.M. Proceedings No.812/2009 and also the files relating to

that S.M. Proceedings, along with a certified copy of this

judgment. On receipt of such an application, in accordance

with law, the 4

th

respondent Land Tribunal shall issue

W.P.(C)No.10267 of 2024 34 2024:KER:90587

certified copies of the same to Cochin Devaswom Board

within a period of two weeks.

ii) After obtaining certified copies of Ext.P2 order dated

11.11.2014 and Ext.P1 purchase certificate dated

11.05.2015 of the 4

th

respondent Land Tribunal, Thrissur in

S.M. Proceedings No.812/2009, the Cochin Devaswom

Board shall challenge the same before the appropriate

forum.

iii) The 4

th

respondent Land Tribunal, Thrissur shall implead

Cochin Devaswom Board represented by its Secretary as the

respondent-landowner in the pending proceedings, i.e., S.M.

Proceedings Nos.2681/2015, 4143/15 and 2191/15 for

purchase certificates in respect of the land comprised in

Survey No.211/2 of Vilvattom Village. The Board shall be

served with copies of the reports, documents, etc., which

form part of the said S.M. Proceedings, within a period of

three weeks. Thereafter, the Land Tribunal shall grant

reasonable time to the Board to file a statement/affidavit

and produce materials to substantiate its contentions. The

Land Tribunal shall then proceed with the matter, in

accordance with law, and pass appropriate orders, taking

note of the law laid down in the decisions referred to supra

and the directions contained in the decision of this Court in

Jayaprakashan K. [2023 (3) KHC SN 14] , untrammelled

by any observations or findings contained in Ext.P2 order

dated 11.11.2014 and Ext.P1 purchase certific ate dated

11.05.2015 of the 4

th

respondent Land Tribunal, Exts.P5,

P5(a) and P5(b) orders of the Appellate Tribunal (Land

Reforms), Thrissur and Ext.P6 order dated 27.01.2020 of

the 3

rd

respondent Sub Collector (RDO), Thrissur, after

W.P.(C)No.10267 of 2024 35 2024:KER:90587

affording both sides an opportunity of being heard, as

expeditiously as possible, at any rate, within a period of two

months from the date of completion of the pleadings.

iv) The 2

nd

respondent District Collector shall finally dispose

of Exts.P9 to P11 revision petitions filed by the petitioners

under Section 16(4) of the Kerala Land Conservancy Act,

untrammelled by any observations or findings contained in

Ext.P2 order dated 11.11.2014 and Ext.P1 purchase

certificate dated 11.05.2015 of the 4

th

respondent Land

Tribunal, Exts.P5, P5(a) and P5(b) orders of the Appellate

Tribunal (Land Reforms), Thrissur and Ext.P6 order dated

27.01.2020 of the 3

rd

respondent Sub Collector (RDO),

Thrissur, after affording both sides an opportunity of being

heard, as expeditiously as possible, at any rate, within a

period of four months from the date of receipt of a certified

copy of this judgment.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

MURALEE KRISHNA S. , JUDGE

MIN

W.P.(C)No.10267 of 2024 36 2024:KER:90587

APPENDIX OF WP(C) 10267/2024

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PURCHASE CERTIFICATE NO.303 OF 2015

ISSUED BY DEPUTY COLLECTOR, (LAND REFORMS) THRISSUR)

TO C.V.GEORGE DATED 11.05.2015

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF DEPUTY COLLECTOR,

LAND REFORMS, THRISSUR IN SMP NO.812/2009 DATED

11.11.2014

EXHIBIT P3 TRUE COPY OF THE ORDER UNDER LAND CONSERVANCY ACT

INITIATED BY THE SPECIAL TAHSILDAR COCHIN DEVASWOM

BOARD ORDER NO.B.473/2017 DATED 06.06.2019

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 16.05.2019 OF THE DEPUTY

COLLECTOR (LAND REFORMS) IN SMP.NO.2681/2015

EXHIBIT P5 TRUE COPY OF THE ORDER IN AA.NO.63/2019 OF THE COURT

OF THE APPELLATE AUTHORITY (LR) THRISSUR DATED

28.10.2019

EXHIBIT P5(A) TRUE COPY OF THE ORDER OF THE COURT OF THE APPELLATE

AUTHORITY (LR) THRISSUR DATED 28.10.2019 IN

AA.NO.64/2019 AS REGARDS 2ND PETITIONER IS CONCERNED

EXHIBIT P5(B) TRUE COPY OF THE ORDER OF THE COURT OF THE APPELLATE

AUTHORITY (LR), THRISSUR IN AA.NO.18/2019 DATED

28.10.2019 AS REGARDS 3RD PETITIONER IS CONCERNED

EXHIBIT P6 TRUE COPY OF THE ORDER NO.A3 -11089/2019 DATED

27.01.2020 OF THE SUB COLLECTOR THRISSUR

EXHIBIT P7 TRUE COPY OF THE ORDER NO.A3 -11479/2019 DATED

17.08.2020 OF THE SUB COLLECTOR THRISSUR

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 26.10.2023 OF THE LAND

REVENUE COMMISSIONER TO THE 1ST PETITIONER

EXHIBIT P9 TRUE COPY OF UNNUMBERED REVISION PETITION FILED BY

THE 1ST PETITIONER BEFORE THE DISTRICT COLLECTOR,

THRISSUR DATED 07.12.2023 WITHOUT EXHIBITS

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION FILED BY THE 2ND

PETITIONER BEFORE THE DISTRICT COLLECTOR THRISSUR,

REVISION PET.NO.671962/2 -23 B4. WITHOUT ENCLOSURES

EXHIBIT P11 TRUE COPY OF THE REVISION PETITION FILED BY THE 3RD

PETITIONER BEFORE THE DISTRICT COLLECTOR THRISSUR,

REVISION PET.NO.671714/2 -23 B4, WITHOUT ENCLOSURES

EXHIBIT P12 TRUE COPY OF FORM E NOTICE DATED 07.06.2024 ISSUED BY

THE DEPUTY COLLECTOR (LR), THRISSUR

EXHIBIT P13 TRUE COPY OF THE COMMUNICATION ISSUED BY THE

COMMISSIONER OF LAND REVENUE TO THE 2ND PETITIONER

DATED 26.10.2023 ALONG WITH TYPED COPY

W.P.(C)No.10267 of 2024 37 2024:KER:90587

EXHIBIT P14 TRUE COPY OF THE COMMUNICATION ISSUED BY THE

COMMISSIONER OF LAND REVENUE TO THE 3RD PETITIONER

DATED 03.10.2023

EXHIBIT P15 TRUE COPY OF THE HEARING NOTICE ISSUED BY THE

DISTRICT COLLECTOR TO 2ND PETITIONER DATED 22.06.2024

EXHIBIT P16 TRUE COPY OF THE HEARING NOTICE ISSUED BY THE

DISTRICT COLLECTOR TO THE 3RD PETITIONER DATED

22.06.2024

EXHIBIT P17 TRUE COPY OF THE MORTGAGE DEED NO. 3315/1970 DATED

25.11.1970 OF THRISSUR SUB REGISTRY

EXHIBIT P18 TRUE COPY OF THE REGISTERED DOCUMENT NO.1790/1974 OF

THRISSUR SUB REGISTRY DATED 05.06.1974

EXHIBIT P19 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED

02.12.2004 ISSUED BY VILLAGE OFFICER, VILVTTOM

VILLAGE TO LEGAL HEIRS OF GOPALAN NAIR

EXHIBIT P20 TRUE COPY OF THE PARTITION DEED NO.2474/1/97 DATED

07.05.1997 OF THRISSUR REGISTRY

EXHIBIT P21 TRUE COPY OF BASIC TAX RECEIPT DATED 20/5/2002 ISSUED

IN FAVOUR OF RUGMINI

EXHIBIT P22 TRUE COPY OF BASIC TAX RECEIPT ISSUED IN FAVOUR OF

JAYALAKSHMI AND RAJAGOPAL DATED 22.11.2004

EXHIBIT P23 TRUE COPY OF BASIC TAX RECEIPT ISSUED IN FAVOUR OF

RAMACHANDRAN DATED 25.06.2003

EXHIBIT P24 TRUE COPY OF BASIC TAX RECEIPT ISSUED IN THE NAME OF

3RD PETITIONER PRAKASHAN DATED 13.10.2003

EXHIBIT P25 TRUE COPY OF SALE DEED NO. 2921/2005 DATED 28.03.2005

OF THRISSUR SUB REGISTRY

EXHIBIT P26 TRUE COPY OF SALE DEED NO.2922/2005 DATED 28.03.2005

OF THRISSUR SUB REGISTRY

EXHIBIT P27 TRUE COPY OF THE SALE DEED NO.2923/2005 DATED

28.03.2005 OF THRISSUR SUB REGISTRY

EXHIBIT P28 TRUE COPY OF SALE DEED NO.6051/2004 DATED 10.09.2004

EXECUTED BY POWER OF ATTORNEY HOLDER OF RAMACHANDRAN

NAMELY JAYASREE

EXHIBIT P29 TRUE COPY OF REGISTERED SALE DEED NO. 4322/2005 DATED

10.06.2005

EXHIBIT P30 TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY COLLECTOR

(LAND REFORMS) AND LAND TRIBUNAL, THRISSUR IN SUO

MOTO PROCEEDINGS S M P NO.4143/2015 REGARDING 2ND

PETITIONER’S PROPERTY DATED 07.03.2016 ALONG WITH

TYPED COPY.

W.P.(C)No.10267 of 2024 38 2024:KER:90587

EXHIBIT P31 TRUE COPY OF THE PROCEEDINGS OF THE DEPUTY COLLECTOR

(LAND REFORMS) AND LAND TRIBUNAL, THRISSUR IN SUO

MOTO PROCEEDINGS S M P NO.2191/2015 REGARDING 2ND

PETITIONER’S PROPERTY DATED 18.12.2018

RESPONDENT EXHIBITS

EXHIBIT R 6 ( A ) TRUE COPY OF JUDGMENT DATED 31.10.2018 IN WP(C) NO.

35452/2018 PASSED BY THIS HONOURABLE COURT

EXHIBIT R 6 ( B ) TRUE COPY OF LETTER NO.I/134784/2022 DATED 05.09.2022

ISSUED BY DISTRICT COLLECTOR, THRISSUR

EXHIBIT R 6 ( C ) TRUE COPY OF JUDGMENT DATED 2.8.2023 IN WP(C) NO.

24762/2020 PASSED BY THIS HONOURABLE COURT