JOYTHISH. S vs STATE OF KERALA REPRESENTED BY IT’S SECRETARY TO GOVERNMENT

Court
Kerala High Court

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‭W.P(C).11984 of 2026‬
‭1‬
‭ IN THE HIGH COURT OF KERALA AT ERNAKULAM ‬
PRESENT ‬
‭
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V ‬
‭
& ‬
‭
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR ‬
‭
TH‬
‭
THURSDAY, THE 10 ‬ DAY OF SEPTEMBER 2026 / 19TH BHADRA, ‬ 1948 ‬
‭ ‭ ‭
‭ WP(C) NO. 11984 OF 2026 ‬
PETITIONER: ‬
‭
JOYTHISH. S, AGED 42 YEARS, ‬
‭
PUTHENPARAMBIL, VALIYAKULANGARA SOUTH, ‬
‭
MAHADEVIKAD P.O, KARTHIKAPPALLY VILLAGE, ‬
‭
KARTHIKAPPALLY TALUK, ‬
‭
‭ ALAPPUZHA DISTRICT, PIN - 690516 ‬
‭ BY ADVS. ‬
SHRI.N.K.KARNIS ‬
‭
SMT.S.CHYTHANYA ‬
‭
SMT.DEVIKA V. ‬
‭
RESPONDENTS: ‬
‭
1 ‬ STATE OF KERALA REPRESENTED BY ITS SECRETARY TO ‬
‭ ‭
GOVERNMENT ‬
‭
REVENUE (DEVASWOM) DEPARTMENT, ‬
‭
‭ GOVERNMENT SECRETARIAT, ‬
THIRUVANANTHAPURAM, PIN - 695001 ‬
‭

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‭ 2 ‬ ‭ TRAVANCORE DEVASWOM BOARD, ‬
REPRESENTED BY ITS SECRETARY ‬
‭
DEVASWOM HEAD QUARTERS, NANDANCODE, ‬
‭
THIRUVANANTHAPURAM, PIN - 695003 ‬
‭
3 ‬ THE COMMISSIONER OF DEVASWOM ‬
‭ ‭
DEVASWOM HEAD QUARTERS, NANDANCODE, ‬
‭
‭ THIRUVANANTHAPURAM, PIN - 695003 ‬
‭ 4 ‬ ‭ THE SPECIAL TAHSILDAR (LAND CONSERVANCY UNIT), ‬
‭ DEVASWOM HEAD QUARTERS, NANDANCODE, ‬
THIRUVANANTHAPURAM, PIN - 695003 ‬
‭
5 ‬ THE ASSISTANT COMMISSIONER OF DEVASWOM, HARIPAD GROUP ‬
‭ ‭
REPRESENTED BY ITS SECRETARY, ‬
‭
DEVASWOM HEAD QUARTERS, NANDANCODE, ‬
‭
THIRUVANANTHAPURAM, PIN - 695003 ‬
‭
6 ‬ THE SECRETARY, KARTHIKAPPALLY GRAMA PANCHAYATH ‬
‭ ‭
‭ KARTHIKAPPALLY P.O, ‬
ALAPPUZHA DISTRICT, PIN - 690516 ‬
‭
‭ 7 ‬ ‭ ADV. S. KRISHNAMOORTHY ‬
AMPANAT MADOM, MAHADEVIKAD P.O, ‬
‭
KARTHIKAPPALLY VILLAGE, ALAPPUZHA-690 516, ‬
‭
NOW RESIDING AT AMPANAT 39/468, MONASTERY ROAD, ‬
‭
KARIKKAMURY, KOCHI, ‬
‭
‭ ERNAKULAM DISTRICT, PIN - 682011 ‬
‭ 8 ‬ ‭ THE KARTHIKAPPALLY BRAHMANA SAMOOHAM, REP. BY ITS ‬
ACTING PRESIDENT ADV. S. KRISHNAMOORTHY ‬
‭
AMPANAT MADOM, MAHADEVIKAD P.O, ‬
‭
KARTHIKAPPALLY VILLAGE, ‬
‭
ALAPPUZHA- 690 516, NOW RESIDING AT AMPANAT 39/468, ‬
‭
‭ MONASTERY ROAD, KARIKKAMURY, KOCHI, ‬
ERNAKULAM DISTRICT, PIN - 682011 ‬
‭
‭ 9 ‬ ‭ THE TAHSILDAR, KARTHIKAPPALLY TALUK ‬
REVENUE TOWER, HARIPAD P.O, ‬
‭
ALAPPUZHA DISTRICT, PIN - 690514 ‬
‭

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‭ 10 ‬ ‭ THE DISTRICT SURVEY SUPERINTENDENT ‬
CIVIL STATION, 2ND FLOOR, ALISSERY ROAD, ‬
‭
ALAPPUZHA, PIN - 688001 ‬
‭
11 ‬ THE DIRECTOR OF ARCHIVES ‬
‭ ‭
DIRECTORATE OF STATE ARCHIVES, NALANDA, ‬
‭
THIRUVANANTHAPURAM, PIN - 695003 ‬
‭
‭ BY ADVS. ‬
‭ SRI. S.V. BALAKRISHNA IYER (SR.) ‬
SRI.G.SANTHOSH KUMAR (SC,TDB) ‬
‭
ADV. K.R.SUNIL SPL.G.P. ‬
‭
SMT.SNEHA ROSE ‬
‭
THIS ‬ WRIT ‬ PETITION ‬ (CIVIL) ‬ HAVING ‬ COME ‬ UP ‬ FOR ‬ ADMISSION ‬ ON ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
30.07.2026, THE COURT ON 10.09.2026 DELIVERED THE FOLLOWING: ‬
‭

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‭C.R.‬
‭JUDGMENT‬
‭K. V. Jayakumar, J.‬
‭ This writ petition is preferred under Article 226 of the Constitution of India. ‬
‭ 2. ‬ ‭ The ‬ ‭ petitioner, ‬ ‭ Sri. ‬ ‭ Joythish ‬ ‭ S., ‬ ‭ states ‬ ‭ that ‬ ‭ he ‬ ‭ is ‬ ‭ a ‬ ‭ devotee ‬ ‭ and ‬
‭ worshiper ‬ ‭ of ‬ ‭ Valiyakulangara ‬ ‭ Devi ‬ ‭ of ‬ ‭ Mahadevikad ‬ ‭ in ‬ ‭ Karthikappally ‬ ‭ of ‬‭ Alappuzha ‬
‭ District ‬ ‭ (“the ‬ ‭ temple” ‬ ‭ for ‬ ‭ the ‬ ‭ sake ‬ ‭ of ‬ ‭ brevity). ‬ ‭ The ‬ ‭ said ‬ ‭ temple ‬ ‭ is ‬ ‭ under ‬ ‭ the ‬
‭ administration of the 2nd respondent Travancore Devaswom Board (TDB). ‬
‭ 3. ‬ ‭ The ‬‭ petitioner ‬‭ contends ‬‭ that, ‬‭ earlier, ‬‭ he ‬‭ has ‬‭ preferred ‬‭ a ‬‭ writ ‬‭ petition ‬
‭ as ‬ ‭ WP(C) ‬ ‭ No. ‬ ‭ 30586 ‬ ‭ of ‬ ‭ 2023 ‬ ‭ for ‬ ‭ the ‬ ‭ recovery ‬ ‭ of ‬ ‭ the ‬ ‭ properties ‬ ‭ of ‬ ‭ the ‬ ‭ deity ‬ ‭ of ‬
‭ Valiyakulangara ‬ ‭ temple ‬ ‭ as ‬ ‭ per ‬ ‭ the ‬ ‭ entries ‬ ‭ in ‬ ‭ the ‬ ‭ Settlement ‬ ‭ Register ‬‭ of ‬‭ erstwhile ‬
‭ Travancore ‬ ‭ State, ‬ ‭ now ‬ ‭ illegally ‬ ‭ possessed ‬ ‭ by ‬ ‭ the ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ Karthikappally ‬
‭ Brahmana ‬ ‭ Samooham. ‬ ‭ The ‬‭ 7th ‬‭ respondent, ‬‭ Adv. ‬‭ S. ‬‭ Krishnamoorthy ‬‭ is ‬‭ the ‬‭ acting ‬
‭ President ‬ ‭ of ‬ ‭ Karthikappally ‬ ‭ Brahmana ‬ ‭ Samooham ‬ ‭ (hereinafter ‬ ‭ referred ‬ ‭ to ‬ ‭ as ‬ ‭ “the ‬
‭ Samooham”). ‬
‭ 4. ‬ ‭ The ‬ ‭ aforesaid ‬ ‭ writ ‬ ‭ petition ‬ ‭ was ‬ ‭ disposed ‬ ‭ of ‬ ‭ by ‬ ‭ this ‬ ‭ Court ‬ ‭ by ‬ ‭ Ext.P2 ‬
‭ judgment ‬ ‭ dated ‬ ‭ 02.02.2024 ‬ ‭ directing ‬ ‭ the ‬ ‭ 4th ‬ ‭ respondent, ‬ ‭ the ‬ ‭ Special ‬ ‭ Tahsildar ‬
‭ (Land ‬‭ Conservancy ‬‭ Unit), ‬‭ to ‬‭ measure ‬‭ the ‬‭ properties ‬‭ and ‬‭ to ‬‭ finalise ‬‭ the ‬‭ survey ‬‭ of ‬‭ the ‬

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‭ disputed land. ‬
‭ 5. ‬ ‭ According ‬ ‭ to ‬ ‭ the ‬ ‭ petitioner, ‬ ‭ there ‬ ‭ is ‬ ‭ a ‬ ‭ vast ‬ ‭ extent ‬ ‭ of ‬ ‭ immovable ‬
‭ property ‬‭ belonging ‬‭ to ‬‭ the ‬‭ deity ‬‭ of ‬‭ the ‬‭ temple. ‬ ‭ The ‬‭ main ‬‭ temple ‬‭ and ‬‭ the ‬‭ other ‬‭ small ‬
‭ temples ‬‭ are ‬‭ situated ‬‭ in ‬‭ 1 ‬‭ acre ‬‭ and ‬‭ 55 ‬‭ cents ‬‭ of ‬‭ property ‬‭ comprised ‬‭ in ‬‭ Block ‬‭ No. ‬‭ 10, ‬
‭ Re-Survey ‬‭ Nos. ‬‭ 280/3, ‬‭ 376/1, ‬‭ 376/4 ‬‭ (Old ‬‭ Survey ‬‭ No. ‬‭ 3762) ‬‭ of ‬‭ Karthikappally ‬‭ Village. ‬
‭ Apart ‬‭ from ‬‭ that, ‬‭ the ‬‭ temple ‬‭ owns ‬‭ 2 ‬‭ acres ‬‭ and ‬‭ 26 ‬‭ cents ‬‭ of ‬‭ properties ‬‭ comprised ‬‭ in ‬
‭ Block ‬‭ No.10, ‬‭ Old ‬‭ Survey ‬‭ No. ‬‭ 3750, ‬‭ 3752.3755 ‬‭ A, ‬‭ 3755 ‬‭ B, ‬‭ 3755 ‬‭ C, ‬‭ 3756 ‬‭ A, ‬‭ 3756 ‬‭ B, ‬
‭ 3758, ‬‭ 3760, ‬‭ 3761 ‬‭ A, ‬‭ 3762) ‬‭ of ‬‭ Karthikappally ‬‭ Village. ‬ ‭ According ‬‭ to ‬‭ the ‬‭ petitioner, ‬‭ the ‬
‭ properties ‬ ‭ were ‬ ‭ in ‬ ‭ use ‬ ‭ and ‬ ‭ enjoyment ‬ ‭ of ‬ ‭ the ‬ ‭ temple ‬ ‭ and ‬‭ are ‬‭ lying ‬‭ as ‬‭ a ‬‭ compact ‬
‭ block ‬‭ adjacent ‬‭ to ‬‭ the ‬‭ western ‬‭ side ‬‭ of ‬‭ the ‬‭ temple ‬‭ premises, ‬‭ which ‬‭ includes ‬‭ buildings. ‬
‭ The ‬‭ aforesaid ‬‭ properties ‬‭ belonging ‬‭ to ‬‭ the ‬‭ deity ‬‭ of ‬‭ the ‬‭ temple ‬‭ are ‬‭ enlisted ‬‭ in ‬‭ Ext.P1 ‬
‭ Settlement Register of Travancore State. ‬
‭ 6. ‬ ‭ The ‬‭ petitioner ‬‭ contends ‬‭ that ‬‭ the ‬‭ Survey ‬‭ and ‬‭ Settlement ‬‭ of ‬‭ Travancore ‬
‭ State ‬‭ commenced ‬‭ in ‬‭ 1885 ‬‭ during ‬‭ the ‬‭ reign ‬‭ of ‬‭ His ‬‭ Highness ‬‭ Sree ‬‭ Moolam ‬‭ Thirunal ‬
‭ and ‬‭ was ‬‭ finalised ‬‭ in ‬‭ 1910. ‬‭ In ‬‭ the ‬‭ said ‬‭ Settlement ‬‭ Register, ‬‭ the ‬‭ Sirkar ‬‭ land ‬‭ given ‬‭ to ‬
‭ cultivators ‬‭ on ‬‭ various ‬‭ tenures ‬‭ was ‬‭ termed ‬‭ as ‬‭ ‘Pandaravaka ‬‭ land’. ‬ ‭ So ‬‭ the ‬‭ Settlement ‬
‭ Register of 1910 is taken as the basic record of land-related matters. ‬
‭ 7. ‬ ‭ According ‬ ‭ to ‬ ‭ the ‬ ‭ petitioner, ‬ ‭ in ‬ ‭ order ‬ ‭ to ‬ ‭ curb ‬ ‭ mismanagement ‬‭ of ‬‭ the ‬
‭ temple ‬ ‭ lands, ‬ ‭ those ‬ ‭ lands ‬ ‭ were ‬ ‭ leased ‬ ‭ out. ‬ ‭ In ‬ ‭ the ‬ ‭ year ‬ ‭ 1811, ‬ ‭ the ‬ ‭ temples ‬ ‭ in ‬

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‭ Travancore ‬‭ were ‬‭ brought ‬‭ under ‬‭ the ‬‭ control ‬‭ of ‬‭ the ‬‭ state. ‬ ‭ The ‬‭ lands ‬‭ originally ‬‭ owned ‬
‭ by ‬ ‭ the ‬ ‭ temples ‬ ‭ (Janmam ‬ ‭ lands) ‬ ‭ were ‬ ‭ leased ‬ ‭ out ‬ ‭ to ‬ ‭ tenants ‬ ‭ for ‬ ‭ cultivation. ‬ ‭ The ‬
‭ tenants ‬‭ (Pattomdars) ‬‭ used ‬‭ to ‬‭ pay ‬‭ rent ‬‭ (Pattom) ‬‭ in ‬‭ paddy ‬‭ or ‬‭ cash ‬‭ to ‬‭ the ‬‭ temples ‬‭ or ‬
‭ to the then State Controlled Devaswom Department. ‬
‭ 8. ‬ ‭ The ‬ ‭ petitioner ‬ ‭ asserts ‬ ‭ that ‬ ‭ the ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ Samooham ‬ ‭ obtained ‬
‭ properties ‬ ‭ on ‬ ‭ lease ‬ ‭ and ‬ ‭ the ‬‭ temple ‬‭ expenses ‬‭ were ‬‭ funded ‬‭ by ‬‭ the ‬‭ income ‬‭ derived ‬
‭ from ‬ ‭ the ‬ ‭ lease. ‬ ‭ The ‬ ‭ said ‬ ‭ lease ‬ ‭ arrangement ‬ ‭ was ‬ ‭ shown ‬ ‭ in ‬ ‭ Ext. ‬ ‭ P1 ‬ ‭ Settlement ‬
‭ Register ‬ ‭ as ‬ ‭ “Sirkar ‬ ‭ Valiyakulangara ‬ ‭ Devaswom ‬ ‭ Pattam”. ‬ ‭ In ‬ ‭ Ext.P1 ‬ ‭ Settlement ‬
‭ Register, ‬ ‭ the ‬ ‭ properties ‬ ‭ were ‬ ‭ shown ‬ ‭ in ‬ ‭ possession ‬ ‭ of ‬ ‭ Valiyakulangara ‬ ‭ Padinjare ‬
‭ Madathil ‬ ‭ Erikum ‬ ‭ Karthikappally ‬ ‭ Samoohakar ‬ ‭ as ‬ ‭ Pattadars. ‬ ‭ The ‬ ‭ petitioner ‬ ‭ further ‬
‭ contends ‬ ‭ that ‬ ‭ the ‬ ‭ claim ‬ ‭ of ‬ ‭ the ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ Samoohakar ‬ ‭ is ‬ ‭ that ‬ ‭ they ‬ ‭ got ‬ ‭ the ‬
‭ properties ‬‭ before ‬‭ 1905. ‬ ‭ After ‬‭ the ‬‭ Royal ‬‭ Proclamation ‬‭ of ‬‭ the ‬‭ year ‬‭ 1886, ‬‭ survey ‬‭ and ‬
‭ settlement ‬ ‭ were ‬ ‭ declared. ‬ ‭ The ‬ ‭ settlements ‬ ‭ were ‬ ‭ made ‬ ‭ to ‬ ‭ each ‬ ‭ landholder ‬ ‭ by ‬
‭ providing ‬‭ ‘Patta’ ‬‭ of ‬‭ a ‬‭ permanent ‬‭ nature ‬‭ for ‬‭ 30 ‬‭ years. ‬ ‭ Therefore, ‬‭ on ‬‭ the ‬‭ expiry ‬‭ of ‬‭ the ‬
‭ said ‬‭ 30 ‬‭ years, ‬‭ the ‬‭ tenure ‬‭ of ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ expired. ‬ ‭ After ‬‭ the ‬‭ expiration ‬‭ of ‬‭ the ‬
‭ lease ‬‭ period, ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ Samooham ‬‭ is ‬‭ illegally ‬‭ holding ‬‭ the ‬‭ properties ‬‭ of ‬‭ the ‬
‭ deity. ‬
‭ 9. ‬ ‭ Therefore, ‬‭ the ‬‭ petitioner ‬‭ submitted ‬‭ a ‬‭ representation ‬‭ before ‬‭ the ‬‭ Board ‬
‭ for ‬‭ the ‬‭ recovery ‬‭ of ‬‭ the ‬‭ property ‬‭ by ‬‭ initiating ‬‭ appropriate ‬‭ proceedings. ‬ ‭ Since ‬‭ there ‬
‭ was ‬‭ no ‬‭ positive ‬‭ response ‬‭ from ‬‭ the ‬‭ part ‬‭ of ‬‭ the ‬‭ 2nd ‬‭ respondent ‬‭ Board, ‬‭ the ‬‭ petitioner ‬

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‭ instituted ‬ ‭ WP(C) ‬ ‭ No. ‬ ‭ 30586 ‬ ‭ of ‬ ‭ 2023 ‬ ‭ before ‬ ‭ this ‬ ‭ Court. ‬ ‭ By ‬ ‭ the ‬ ‭ judgment ‬ ‭ dated ‬
‭ 02.02.2024, ‬‭ this ‬‭ Court ‬‭ has ‬‭ directed ‬‭ the ‬‭ 4th ‬‭ respondent ‬‭ to ‬‭ measure ‬‭ out ‬‭ the ‬‭ property ‬
‭ and finalise the survey of the disputed properties with the relevant records. ‬
‭ 10. ‬ ‭ Pursuant ‬ ‭ to ‬ ‭ the ‬ ‭ directions ‬ ‭ issued ‬‭ in ‬‭ Ext.P2 ‬‭ judgment, ‬‭ on ‬‭ 04.12.2024 ‬
‭ the ‬‭ 4th ‬‭ respondent ‬‭ initiated ‬‭ the ‬‭ proceedings. ‬ ‭ The ‬‭ 4th ‬‭ respondent ‬‭ issued ‬‭ a ‬‭ notice ‬
‭ bearing ‬‭ No. ‬‭ A3 ‬‭ 696/2023 ‬‭ dated ‬‭ 10.11.2024 ‬‭ to ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ Samooham. ‬ ‭ The ‬
‭ 4th ‬‭ respondent ‬‭ did ‬‭ not ‬‭ serve ‬‭ notice ‬‭ to ‬‭ the ‬‭ writ ‬‭ petitioner. ‬ ‭ The ‬‭ petitioner ‬‭ has ‬‭ placed ‬
‭ on record a true copy of the notice and exhibited it as Ext.P3 ‬
‭ 11. ‬ ‭ The ‬ ‭ petitioner ‬ ‭ again ‬ ‭ approached ‬ ‭ this ‬ ‭ Court ‬ ‭ and ‬ ‭ instituted ‬ ‭ a ‬ ‭ writ ‬
‭ petition ‬‭ as ‬‭ WP(C) ‬‭ No. ‬‭ 6502/2025 ‬‭ contending ‬‭ that ‬‭ a ‬‭ copy ‬‭ of ‬‭ Ext.P3 ‬‭ notice ‬‭ was ‬‭ not ‬
‭ served ‬ ‭ on ‬ ‭ the ‬ ‭ petitioner, ‬ ‭ violating ‬ ‭ the ‬ ‭ directions ‬ ‭ issued ‬ ‭ in ‬ ‭ Ext.P2 ‬ ‭ judgment. ‬ ‭ On ‬
‭ 01.04.2025, ‬‭ the ‬‭ aforesaid ‬‭ writ ‬‭ petition ‬‭ was ‬‭ disposed ‬‭ of, ‬‭ directing ‬‭ the ‬‭ 4th ‬‭ respondent ‬
‭ to ‬‭ conduct ‬‭ a ‬‭ joint ‬‭ survey ‬‭ of ‬‭ the ‬‭ entire ‬‭ property ‬‭ after ‬‭ giving ‬‭ proper ‬‭ intimation ‬‭ to ‬‭ the ‬
‭ petitioner ‬‭ and ‬‭ all ‬‭ the ‬‭ affected ‬‭ parties. ‬ ‭ Ext.P4 ‬‭ is ‬‭ the ‬‭ true ‬‭ copy ‬‭ of ‬‭ the ‬‭ said ‬‭ judgment. ‬
‭ Even ‬ ‭ though ‬ ‭ the ‬ ‭ 7th ‬ ‭ respondent ‬ ‭ challenged ‬ ‭ the ‬ ‭ judgment ‬ ‭ by ‬ ‭ filing ‬ ‭ a ‬ ‭ Review ‬
‭ Petition. The same was dismissed vide Ext.P5 order dated 11.04.2025. ‬
‭ 12. ‬ ‭ Pursuant ‬‭ to ‬‭ the ‬‭ directions ‬‭ issued ‬‭ in ‬‭ Exts.P2 ‬‭ and ‬‭ P4 ‬‭ judgments, ‬‭ a ‬‭ joint ‬
‭ survey ‬‭ was ‬‭ conducted ‬‭ and ‬‭ the ‬‭ 4th ‬‭ respondent ‬‭ filed ‬‭ Ext.P6 ‬‭ report ‬‭ dated ‬‭ 28.06.2025. ‬
‭ Pursuant ‬ ‭ to ‬ ‭ Ext.P7 ‬ ‭ letter ‬ ‭ issued ‬ ‭ by ‬ ‭ the ‬ ‭ 4th ‬ ‭ respondent, ‬ ‭ the ‬ ‭ 7th ‬ ‭ respondent ‬ ‭ has ‬

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‭ produced ‬‭ a ‬‭ Settlement ‬‭ Pattayam ‬‭ No. ‬‭ 12 ‬‭ dated ‬‭ 1071 ‬‭ ME ‬‭ (1896) ‬‭ before ‬‭ the ‬‭ Special ‬
‭ Tahsildar ‬‭ and ‬‭ claimed ‬‭ that ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ Samooham ‬‭ acquired ‬‭ rights ‬‭ over ‬‭ the ‬
‭ properties ‬‭ of ‬‭ the ‬‭ deity. ‬ ‭ Ext.P8 ‬‭ is ‬‭ the ‬‭ true ‬‭ copy ‬‭ of ‬‭ the ‬‭ Settlement ‬‭ Pattayam. ‬ ‭ The ‬
‭ petitioner ‬‭ contends ‬‭ that ‬‭ Ext.P8 ‬‭ is ‬‭ a ‬‭ forged ‬‭ and ‬‭ sham ‬‭ document ‬‭ created ‬‭ by ‬‭ the ‬‭ 7th ‬
‭ respondent ‬ ‭ along ‬ ‭ with ‬ ‭ his ‬ ‭ henchmen. ‬ ‭ The ‬ ‭ petitioner ‬ ‭ filed ‬ ‭ his ‬ ‭ written ‬ ‭ objection ‬
‭ before ‬ ‭ the ‬ ‭ 4th ‬ ‭ respondent ‬ ‭ challenging ‬‭ the ‬‭ validity ‬‭ of ‬‭ Ext.P8 ‬‭ settlement ‬‭ Pattayam. ‬
‭ Thereafter, ‬ ‭ the ‬ ‭ 4th ‬ ‭ respondent ‬ ‭ passed ‬ ‭ Order ‬ ‭ No. ‬ ‭ A3 ‬ ‭ 696/23 ‬ ‭ dated ‬ ‭ 27.09.2025, ‬
‭ directing ‬ ‭ the ‬ ‭ 2nd ‬ ‭ respondent ‬ ‭ Board ‬ ‭ to ‬ ‭ approach ‬ ‭ the ‬ ‭ competent ‬ ‭ Civil ‬ ‭ Court ‬ ‭ to ‬
‭ establish ‬‭ the ‬‭ right ‬‭ over ‬‭ the ‬‭ disputed ‬‭ properties. ‬ ‭ Challenging ‬‭ the ‬‭ said ‬‭ order, ‬‭ Ext.P9, ‬
‭ the petitioner preferred this writ petition inter alia seeking the following reliefs: ‬
‭ (i) Call for the records relating to the Ext.P9 from 4th respondent ‬
‭ (ii) ‬‭ Set ‬‭ aside ‬‭ Ext.P9 ‬‭ order ‬‭ passed ‬‭ by ‬‭ the ‬‭ 4th ‬‭ respondent ‬‭ that ‬‭ the ‬‭ above ‬
‭ order ‬ ‭ is ‬ ‭ passed ‬ ‭ without ‬ ‭ properly ‬ ‭ exercising ‬ ‭ the ‬‭ statutory ‬‭ power ‬‭ vested ‬
‭ with the 4th respondent. ‬
‭ (iii) ‬ ‭ Issue ‬ ‭ a ‬ ‭ writ ‬ ‭ of ‬ ‭ mandamus ‬‭ or ‬‭ any ‬‭ other ‬‭ appropriate ‬‭ writ ‬‭ or ‬‭ order ‬
‭ directing ‬ ‭ the ‬ ‭ 11th ‬ ‭ respondent ‬ ‭ to ‬ ‭ ascertain ‬ ‭ the ‬ ‭ genuine ‬ ‭ nature ‬ ‭ of ‬ ‭ the ‬
‭ Ext.P8 Settlement Pattayam produced by the 7th respondent. ‬
‭ (iv) ‬ ‭ Declare ‬ ‭ that ‬ ‭ there ‬ ‭ is ‬‭ no ‬‭ title ‬‭ dispute ‬‭ with ‬‭ respect ‬‭ to ‬‭ the ‬‭ disputed ‬
‭ properties ‬ ‭ in ‬ ‭ Old ‬ ‭ Survey ‬ ‭ No. ‬ ‭ 3750, ‬ ‭ 3752, ‬ ‭ 3755A, ‬ ‭ 3757B, ‬ ‭ 3758, ‬ ‭ 3760, ‬
‭ 3761A, ‬ ‭ 3761 ‬ ‭ as ‬ ‭ they ‬ ‭ are ‬ ‭ shown ‬ ‭ as ‬ ‭ Devaswom ‬ ‭ properties ‬ ‭ of ‬
‭ Valiyakulangara ‬‭ Devi ‬‭ Temple ‬‭ in ‬‭ Ext.P1 ‬‭ and ‬‭ Ext.P6 ‬‭ of ‬‭ the ‬‭ 4th ‬‭ respondent ‬
‭ and ‬‭ no ‬‭ title ‬‭ deed ‬‭ or ‬‭ assignment ‬‭ or ‬‭ purchase ‬‭ certificate ‬‭ is ‬‭ produced ‬‭ by ‬‭ the ‬
‭ 7th ‬‭ and ‬‭ 8th ‬‭ respondent ‬‭ that ‬‭ no ‬‭ transfer ‬‭ of ‬‭ ownership ‬‭ is ‬‭ obtained ‬‭ to ‬‭ the ‬
‭ above respondents.” ‬
‭ 13 ‬ ‭ Challenging ‬ ‭ Ext.P9 ‬ ‭ order, ‬ ‭ the ‬ ‭ petitioner ‬ ‭ has ‬ ‭ filed ‬ ‭ Ext.P10 ‬ ‭ Review ‬
‭ Petition. But the same was dismissed vide Ext.P11 order. ‬

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‭ 14. ‬ ‭ The ‬‭ 4th ‬‭ respondent, ‬‭ Special ‬‭ Tahsildar ‬ ‭ (Land ‬‭ Conservancy ‬‭ Unit), ‬‭ has ‬
‭ filed ‬ ‭ a ‬ ‭ counter ‬ ‭ affidavit ‬ ‭ contending ‬ ‭ that ‬ ‭ a ‬ ‭ joint ‬‭ survey ‬‭ was ‬‭ conducted ‬‭ by ‬‭ the ‬‭ 4th ‬
‭ respondent ‬‭ in ‬‭ accordance ‬‭ with ‬‭ the ‬‭ survey ‬‭ records ‬‭ and ‬‭ an ‬‭ order ‬‭ dated ‬‭ 27.09.2025 ‬
‭ was ‬‭ passed. ‬ ‭ It ‬‭ is ‬‭ stated ‬‭ in ‬‭ the ‬‭ report ‬‭ that ‬‭ the ‬‭ proceedings ‬‭ under ‬‭ the ‬‭ Kerala ‬‭ Land ‬
‭ Conservancy ‬‭ Act ‬‭ (“KLC ‬‭ Act” ‬‭ for ‬‭ the ‬‭ sake ‬‭ of ‬‭ brevity) ‬‭ cannot ‬‭ be ‬‭ initiated. ‬ ‭ Therefore, ‬‭ a ‬
‭ direction ‬‭ was ‬‭ given ‬‭ to ‬‭ the ‬‭ TDB ‬‭ to ‬‭ initiate ‬‭ appropriate ‬‭ legal ‬‭ proceedings ‬‭ through ‬‭ a ‬
‭ competent civil court to establish their rights over the disputed properties. ‬
‭ 15. ‬ ‭ The ‬ ‭ 7th ‬ ‭ respondent, ‬ ‭ Adv. ‬‭ S. ‬‭ Krishnamoorthi, ‬‭ has ‬‭ placed ‬‭ on ‬‭ record ‬‭ a ‬
‭ counter ‬‭ affidavit, ‬‭ refuting ‬‭ the ‬‭ allegations ‬‭ raised ‬‭ in ‬‭ the ‬‭ writ ‬‭ petition. ‬ ‭ According ‬‭ to ‬‭ the ‬
‭ 7th ‬ ‭ respondent, ‬ ‭ the ‬ ‭ writ ‬ ‭ petition ‬ ‭ is ‬ ‭ not ‬ ‭ maintainable. ‬ ‭ The ‬ ‭ writ ‬ ‭ court ‬ ‭ cannot ‬
‭ adjudicate ‬‭ the ‬‭ disputed ‬‭ questions ‬‭ of ‬‭ fact ‬‭ and ‬‭ law ‬‭ invoking ‬‭ the ‬‭ powers ‬‭ under ‬‭ Article ‬
‭ 226 of the Constitution of India. ‬
‭ 16. ‬ ‭ In ‬ ‭ the ‬ ‭ counter, ‬ ‭ it ‬ ‭ is ‬ ‭ stated ‬ ‭ that ‬ ‭ the ‬ ‭ writ ‬ ‭ petition ‬ ‭ is ‬ ‭ filed ‬ ‭ with ‬ ‭ some ‬
‭ ulterior ‬ ‭ motive ‬ ‭ with ‬ ‭ an ‬ ‭ intention ‬ ‭ to ‬ ‭ harass ‬ ‭ the ‬ ‭ respondent. ‬ ‭ The ‬ ‭ father ‬ ‭ of ‬ ‭ the ‬
‭ respondent ‬ ‭ was ‬ ‭ the ‬ ‭ President ‬ ‭ of ‬ ‭ Karthikappally ‬ ‭ Grama ‬ ‭ Panchayat ‬ ‭ for ‬ ‭ about ‬ ‭ 20 ‬
‭ years. ‬ ‭ According ‬‭ to ‬‭ the ‬‭ 7th ‬‭ respondent, ‬‭ the ‬‭ writ ‬‭ petitions ‬‭ are ‬‭ filed ‬‭ by ‬‭ the ‬‭ petitioner ‬
‭ one after the other due to the political rivalry against the father of the respondent. ‬
‭ 17. ‬ ‭ It ‬‭ is ‬‭ further ‬‭ contended ‬‭ that ‬‭ the ‬‭ petitioner ‬‭ has ‬‭ repeatedly ‬‭ filed ‬‭ Caveat ‬
‭ Petitions ‬‭ before ‬‭ the ‬‭ Munsiff ‬‭ Court ‬‭ and ‬‭ District ‬‭ Court ‬‭ through ‬‭ Adv. ‬‭ Chaythanya ‬‭ Beno, ‬

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‭ who ‬‭ is ‬‭ the ‬‭ Standing ‬‭ Counsel ‬‭ of ‬‭ 6th ‬‭ respondent ‬‭ Karthikapally ‬‭ Grama ‬‭ Panchayat, ‬‭ and ‬
‭ to ‬ ‭ substantiate ‬ ‭ his ‬ ‭ contentions, ‬‭ the ‬‭ respondent ‬‭ has ‬‭ placed ‬‭ on ‬‭ record ‬‭ Ext.R7(a), ‬‭ a ‬
‭ copy ‬ ‭ of ‬ ‭ the ‬ ‭ Caveat ‬ ‭ Petition ‬ ‭ dated ‬ ‭ 07.10.2025 ‬ ‭ filed ‬ ‭ before ‬ ‭ the ‬ ‭ Munsiff ‬ ‭ Court, ‬
‭ Haripad. ‬ ‭ It ‬‭ is ‬‭ further ‬‭ stated ‬‭ in ‬‭ the ‬‭ counter ‬‭ that ‬‭ the ‬‭ intention ‬‭ of ‬‭ the ‬‭ petitioner ‬‭ is ‬‭ only ‬
‭ to ‬‭ obstruct ‬‭ the ‬‭ enjoyment ‬‭ of ‬‭ these ‬‭ lands ‬‭ and ‬‭ restrict ‬‭ the ‬‭ activities ‬‭ of ‬‭ the ‬‭ Brahmana ‬
‭ Samooham. ‬ ‭ The ‬‭ attempt ‬‭ of ‬‭ the ‬‭ writ ‬‭ petitioner ‬‭ is ‬‭ to ‬‭ inject ‬‭ poison ‬‭ into ‬‭ the ‬‭ mind ‬‭ of ‬
‭ the ‬ ‭ devotees ‬ ‭ by ‬ ‭ stating ‬ ‭ that ‬ ‭ the ‬ ‭ temple ‬ ‭ properties ‬ ‭ are ‬ ‭ illegally ‬ ‭ possessed ‬‭ by ‬‭ the ‬
‭ Brahmana Samooham. ‬
‭ 18. ‬ ‭ It ‬ ‭ is ‬ ‭ further ‬ ‭ contended ‬ ‭ that ‬ ‭ the ‬ ‭ litigation ‬ ‭ is ‬ ‭ mooted ‬ ‭ as ‬ ‭ a ‬ ‭ tool ‬ ‭ for ‬
‭ personal ‬‭ vengeance, ‬‭ and ‬‭ one ‬‭ Mr. ‬‭ Gopal ‬‭ Beno ‬‭ has ‬‭ published ‬‭ a ‬‭ Facebook ‬‭ post ‬‭ against ‬
‭ the ‬‭ 7th ‬‭ respondent ‬‭ intending ‬‭ to ‬‭ mislead ‬‭ the ‬‭ local ‬‭ people. ‬ ‭ Ext.R7(b) ‬‭ is ‬‭ the ‬‭ true ‬‭ copy ‬
‭ of the Facebook post dated 16.03.2025. ‬
‭ 19. ‬ ‭ According ‬ ‭ to ‬ ‭ the ‬ ‭ 7th ‬ ‭ respondent, ‬ ‭ the ‬ ‭ challenge ‬ ‭ against ‬ ‭ Ext.P9 ‬ ‭ is ‬
‭ unsustainable. ‬ ‭ It ‬‭ is ‬‭ submitted ‬‭ that ‬‭ in ‬‭ order ‬‭ to ‬‭ initiate ‬‭ Section ‬‭ 27 ‬‭ of ‬‭ the ‬‭ Travancore ‬
‭ Cochin ‬ ‭ Hindu ‬ ‭ Religious ‬ ‭ Institutions ‬ ‭ Act ‬ ‭ (“TCHRI” ‬ ‭ Act ‬ ‭ for ‬‭ the ‬‭ sake ‬‭ of ‬‭ brevity), ‬‭ the ‬
‭ property ‬‭ must ‬‭ be ‬‭ in ‬‭ possession ‬‭ of ‬‭ the ‬‭ Devaswom ‬‭ as ‬‭ on ‬‭ 12th ‬‭ April ‬‭ 1922. ‬ ‭ On ‬‭ that ‬
‭ date, ‬‭ the ‬‭ Devaswom ‬‭ was ‬‭ not ‬‭ in ‬‭ possession ‬‭ of ‬‭ the ‬‭ disputed ‬‭ properties. ‬ ‭ The ‬‭ lands ‬
‭ are not mentioned in the Asset Register of the Devaswom Board. ‬
‭ 20. ‬ ‭ Pursuant ‬‭ to ‬‭ Exts.P2 ‬‭ and ‬‭ P4 ‬‭ judgments, ‬‭ an ‬‭ exhaustive ‬‭ survey ‬‭ has ‬‭ been ‬

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‭ conducted ‬‭ by ‬‭ the ‬‭ authorities ‬‭ and ‬‭ the ‬‭ 4th ‬‭ respondent ‬‭ has ‬‭ submitted ‬‭ a ‬‭ final ‬‭ survey ‬
‭ report. ‬ ‭ He ‬ ‭ has ‬ ‭ placed ‬ ‭ on ‬ ‭ record ‬ ‭ a ‬ ‭ copy ‬ ‭ of ‬ ‭ the ‬ ‭ said ‬ ‭ report ‬ ‭ and ‬ ‭ marked ‬ ‭ it ‬ ‭ as ‬
‭ Ext.R7(c). ‬ ‭ A ‬ ‭ contempt ‬ ‭ case ‬‭ was ‬‭ filed ‬‭ as ‬‭ Contempt ‬‭ of ‬‭ Court ‬‭ Case ‬‭ (C) ‬‭ No. ‬‭ 388 ‬‭ of ‬
‭ 2025 ‬‭ by ‬‭ the ‬‭ 8th ‬‭ respondent, ‬‭ which ‬‭ was ‬‭ closed ‬‭ by ‬‭ this ‬‭ Court, ‬‭ stating ‬‭ that ‬‭ a ‬‭ detailed ‬
‭ survey ‬‭ has ‬‭ been ‬‭ conducted ‬‭ pursuant ‬‭ to ‬‭ the ‬‭ judgments ‬‭ of ‬‭ this ‬‭ Court ‬‭ and ‬‭ a ‬‭ report ‬‭ has ‬
‭ been ‬ ‭ filed ‬‭ by ‬‭ the ‬‭ Special ‬‭ Tahsildar. ‬ ‭ Ext.R7(d) ‬‭ is ‬‭ the ‬‭ copy ‬‭ of ‬‭ the ‬‭ judgment ‬‭ in ‬‭ the ‬
‭ Contempt case dated 25.07.2025. ‬
‭ 21. ‬ ‭ It ‬ ‭ is ‬ ‭ further ‬ ‭ contended ‬ ‭ that ‬ ‭ the ‬ ‭ 4th ‬ ‭ respondent, ‬ ‭ after ‬ ‭ hearing ‬ ‭ the ‬
‭ petitioner ‬ ‭ and ‬ ‭ all ‬ ‭ the ‬ ‭ affected ‬ ‭ parties ‬ ‭ and ‬ ‭ after ‬ ‭ perusing ‬ ‭ the ‬ ‭ original ‬ ‭ Settlement ‬
‭ Pattayam ‬‭ (Ext.P8) ‬‭ produced ‬‭ by ‬‭ this ‬‭ respondent, ‬‭ passed ‬‭ the ‬‭ Ext. ‬‭ P9 ‬‭ order. ‬ ‭ Ext.P8 ‬
‭ Settlement ‬ ‭ Pattayam ‬ ‭ was ‬ ‭ issued ‬ ‭ by ‬ ‭ the ‬ ‭ Diwan ‬ ‭ Peshkar ‬ ‭ of ‬ ‭ erstwhile ‬ ‭ Travancore ‬
‭ State, ‬ ‭ which ‬ ‭ clearly ‬ ‭ states ‬ ‭ that ‬ ‭ these ‬ ‭ lands ‬ ‭ are ‬ ‭ assigned ‬ ‭ in ‬ ‭ favour ‬ ‭ of ‬ ‭ Brahmana ‬
‭ Samooham ‬‭ after ‬‭ paying ‬‭ the ‬‭ Kist ‬‭ amount. ‬ ‭ According ‬‭ to ‬‭ the ‬‭ 7th ‬‭ respondent, ‬‭ the ‬‭ 8th ‬
‭ respondent ‬ ‭ got ‬ ‭ absolute ‬ ‭ title ‬ ‭ and ‬ ‭ ownership ‬ ‭ over ‬‭ the ‬‭ said ‬‭ properties ‬‭ by ‬‭ virtue ‬‭ of ‬
‭ Ext.P8 Settlement Pattayam. ‬
‭ 22. ‬ ‭ It ‬ ‭ is ‬ ‭ asserted ‬ ‭ that ‬‭ the ‬‭ Brahmana ‬‭ Samooham ‬‭ has ‬‭ been ‬‭ in ‬‭ continuous ‬
‭ occupation ‬‭ of ‬‭ the ‬‭ disputed ‬‭ land ‬‭ since ‬‭ 1071 ‬‭ ME ‬‭ (1896 ‬‭ A ‬‭ D) ‬‭ onwards. ‬ ‭ The ‬‭ nature ‬‭ of ‬
‭ the ‬ ‭ land ‬ ‭ was ‬ ‭ described ‬ ‭ as ‬ ‭ Valiyakulangara ‬ ‭ Devaswom ‬ ‭ Pattom ‬ ‭ under ‬ ‭ the ‬ ‭ head ‬
‭ ‘Enam’, ‬ ‭ which ‬ ‭ did ‬ ‭ not ‬ ‭ confer ‬ ‭ any ‬ ‭ right ‬ ‭ to ‬ ‭ the ‬ ‭ Devaswom ‬ ‭ to ‬ ‭ initiate ‬ ‭ proceedings ‬
‭ under ‬‭ the ‬‭ provisions ‬‭ of ‬‭ the ‬‭ Land ‬‭ Conservancy ‬‭ Act ‬‭ attracting ‬‭ Section ‬‭ 27 ‬‭ of ‬‭ the ‬‭ TCHRI ‬

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‭ Act. ‬
‭ 23. ‬ ‭ The ‬‭ 8th ‬‭ respondent ‬‭ Brahmana ‬‭ Samooham ‬‭ has ‬‭ also ‬‭ placed ‬‭ on ‬‭ record ‬‭ a ‬
‭ detailed ‬ ‭ counter ‬ ‭ affidavit ‬ ‭ as ‬ ‭ directed ‬ ‭ by ‬ ‭ this ‬ ‭ Court. ‬ ‭ It ‬ ‭ is ‬ ‭ stated ‬ ‭ that ‬ ‭ the ‬ ‭ writ ‬
‭ petitioner ‬‭ has ‬‭ no ‬‭ locus ‬‭ standi ‬‭ to ‬‭ challenge ‬‭ the ‬‭ veracity ‬‭ of ‬‭ Ext.P8 ‬‭ in ‬‭ a ‬‭ writ ‬‭ petition. ‬
‭ The ‬ ‭ issues ‬ ‭ with ‬ ‭ respect ‬ ‭ to ‬ ‭ the ‬ ‭ genuineness ‬ ‭ and ‬ ‭ validity ‬ ‭ of ‬ ‭ Ext.P8 ‬ ‭ Settlement ‬
‭ Pattayam ‬‭ can ‬‭ only ‬‭ be ‬‭ decided ‬‭ by ‬‭ a ‬‭ competent ‬‭ civil ‬‭ court ‬‭ after ‬‭ taking ‬‭ evidence. ‬ ‭ The ‬
‭ writ ‬ ‭ petitioner, ‬ ‭ who ‬ ‭ is ‬ ‭ a ‬ ‭ third ‬ ‭ party, ‬ ‭ cannot ‬ ‭ challenge ‬ ‭ the ‬ ‭ authenticity ‬ ‭ of ‬ ‭ the ‬
‭ document. ‬ ‭ The ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ has ‬ ‭ produced ‬ ‭ a ‬ ‭ legible ‬ ‭ and ‬ ‭ clear ‬ ‭ copy ‬ ‭ of ‬ ‭ the ‬
‭ relevant pages of Ext.P1 Settlement Register exhibited as Ext.R8(a). ‬
‭ 24. ‬ ‭ It ‬ ‭ is ‬ ‭ stated ‬ ‭ in ‬ ‭ the ‬ ‭ counter ‬ ‭ that ‬ ‭ the ‬ ‭ Settlement ‬ ‭ Register ‬ ‭ is ‬ ‭ the ‬ ‭ final ‬
‭ document ‬‭ of ‬‭ title. ‬ ‭ The ‬‭ land ‬‭ settled ‬‭ was ‬‭ Pandaravaka ‬‭ or ‬‭ Devawom ‬‭ Pattom, ‬‭ and ‬‭ the ‬
‭ Devaswom ‬ ‭ properties ‬ ‭ were ‬ ‭ treated ‬ ‭ as ‬ ‭ Pandaravaka ‬ ‭ lands ‬ ‭ since ‬ ‭ there ‬ ‭ was ‬ ‭ no ‬
‭ separation until the issuance of Devaswom Proclamation on 12th April 1922. ‬
‭ 25. ‬ ‭ It ‬‭ is ‬‭ further ‬‭ contended ‬‭ that ‬‭ a ‬‭ reading ‬‭ of ‬‭ the ‬‭ Royal ‬‭ Proclamation ‬‭ dated ‬
‭ 21st ‬‭ Edavom ‬‭ 1040 ‬‭ (2.6.1865), ‬‭ popularly ‬‭ known ‬‭ as ‬‭ the ‬‭ Pattom ‬‭ Proclamation ‬‭ and ‬‭ the ‬
‭ the ‬‭ Royal ‬‭ Proclamation ‬‭ dated ‬‭ 14th ‬‭ Kumbham ‬‭ 1061 ‬‭ (24.2.1886) ‬‭ called ‬‭ the ‬‭ Revenue ‬
‭ Settlement ‬ ‭ Proclamation, ‬ ‭ the ‬ ‭ Settlement ‬ ‭ Regulation ‬ ‭ 1071, ‬ ‭ and ‬ ‭ the ‬ ‭ Royal ‬
‭ Proclamation, ‬ ‭ dated ‬ ‭ 30th ‬ ‭ Meenam ‬ ‭ 1097 ‬ ‭ (12.4.1922), ‬ ‭ called ‬ ‭ the ‬ ‭ Devaswom ‬
‭ Proclamation, ‬‭ leaves ‬‭ no ‬‭ room ‬‭ for ‬‭ doubt ‬‭ that ‬‭ the ‬‭ Pattadars ‬‭ and ‬‭ holders ‬‭ under ‬‭ other ‬

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‭ tenures ‬‭ under ‬‭ the ‬‭ Sarkar ‬‭ and ‬‭ Devaswoms, ‬‭ as ‬‭ at ‬‭ the ‬‭ commencement ‬‭ of ‬‭ the ‬‭ Survey ‬
‭ Settlement ‬‭ carried ‬‭ out ‬‭ pursuance ‬‭ to ‬‭ the ‬‭ Revenue ‬‭ Settlement ‬‭ Proclamation ‬‭ referred ‬
‭ above, ‬‭ have ‬‭ all ‬‭ proprietary ‬‭ rights ‬‭ by ‬‭ virtue ‬‭ of ‬‭ the ‬‭ Pattom ‬‭ Proclamation, ‬‭ and ‬‭ holders ‬
‭ were given Pattayams. ‬
‭ 26. ‬ ‭ The ‬ ‭ respondent ‬ ‭ has ‬ ‭ placed ‬ ‭ on ‬ ‭ record ‬ ‭ the ‬ ‭ true ‬ ‭ copy ‬ ‭ of ‬ ‭ the ‬ ‭ Pattom ‬
‭ Proclamation ‬ ‭ issued ‬ ‭ by ‬ ‭ the ‬ ‭ then ‬ ‭ Travancore ‬ ‭ State ‬ ‭ in ‬ ‭ 1040 ‬ ‭ ME ‬ ‭ and ‬ ‭ marked ‬ ‭ as ‬
‭ Ext.R8(b). ‬ ‭ According ‬‭ to ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ Samooham, ‬‭ the ‬‭ Pattom ‬‭ Proclamation ‬‭ is ‬
‭ called ‬ ‭ the ‬ ‭ ‘Magna ‬ ‭ Carta’ ‬ ‭ of ‬ ‭ Pattom ‬ ‭ Holders. ‬ ‭ The ‬ ‭ said ‬ ‭ Proclamation ‬ ‭ has ‬ ‭ granted ‬
‭ absolute ‬‭ proprietary ‬‭ rights ‬‭ over ‬‭ the ‬‭ property ‬‭ to ‬‭ the ‬‭ pattadars ‬‭ (tenants). ‬ ‭ Ext.P8 ‬‭ is ‬
‭ one ‬‭ such ‬‭ Pattayam ‬‭ issued ‬‭ in ‬‭ favour ‬‭ of ‬‭ the ‬‭ 8th ‬‭ respondent. ‬ ‭ Similar ‬‭ pattayams ‬‭ were ‬
‭ issued ‬‭ to ‬‭ the ‬‭ landholders ‬‭ throughout ‬‭ Kerala. ‬ ‭ It ‬‭ is ‬‭ further ‬‭ stated ‬‭ that ‬‭ a ‬‭ reading ‬‭ of ‬
‭ Ext. ‬ ‭ R8(a) ‬ ‭ would ‬ ‭ show ‬ ‭ that ‬ ‭ the ‬‭ Pattayams ‬‭ have ‬‭ conferred ‬‭ proprietary ‬‭ title ‬‭ to ‬‭ the ‬
‭ Pattayam ‬ ‭ holders. ‬ ‭ Pattayam ‬ ‭ Nos. ‬ ‭ 12 ‬ ‭ and ‬ ‭ 13 ‬ ‭ were ‬ ‭ issued ‬ ‭ in ‬ ‭ favour ‬ ‭ of ‬ ‭ the ‬ ‭ 8th ‬
‭ respondent, ‬‭ and ‬‭ thereby ‬‭ the ‬‭ Brahmana ‬‭ Samooham ‬‭ is ‬‭ the ‬‭ title ‬‭ holder ‬‭ of ‬‭ the ‬‭ survey ‬
‭ numbers ‬ ‭ mentioned ‬ ‭ therein. ‬ ‭ Further, ‬ ‭ the ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ has ‬ ‭ paid ‬ ‭ the ‬
‭ amount/Adangal ‬ ‭ tax ‬ ‭ in ‬ ‭ installments ‬ ‭ as ‬ ‭ per ‬ ‭ the ‬ ‭ Pattayam ‬ ‭ and ‬ ‭ therefrom, ‬
‭ continuously paying the Land tax also. ‬
‭ 27. ‬ ‭ The ‬‭ 8th ‬‭ respondent ‬‭ asserts ‬‭ that ‬‭ there ‬‭ is ‬‭ a ‬‭ public ‬‭ road ‬‭ demarcating ‬‭ the ‬
‭ disputed ‬ ‭ property ‬ ‭ from ‬ ‭ the ‬ ‭ temple ‬ ‭ property. ‬ ‭ The ‬ ‭ temple ‬ ‭ property ‬ ‭ is ‬ ‭ situated ‬ ‭ in ‬
‭ Survey ‬‭ No. ‬‭ 386/3. ‬ ‭ Survey ‬‭ No. ‬‭ 386/4 ‬‭ is ‬‭ a ‬‭ public ‬‭ road, ‬‭ which ‬‭ demarcates ‬‭ the ‬‭ temple ‬

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‭ property from the property of the Samooham. ‬
‭ 28. ‬ ‭ The ‬‭ respondent ‬‭ submitted ‬‭ that ‬‭ the ‬‭ TDB ‬‭ is ‬‭ not ‬‭ entitled ‬‭ to ‬‭ initiate ‬‭ any ‬
‭ proceedings ‬‭ under ‬‭ the ‬‭ Land ‬‭ Conservancy ‬‭ Act, ‬‭ within ‬‭ the ‬‭ scope ‬‭ of ‬‭ Section ‬‭ 27 ‬‭ of ‬‭ the ‬
‭ TCHRI ‬ ‭ Act. ‬ ‭ The ‬ ‭ land ‬ ‭ was ‬ ‭ never ‬ ‭ classified ‬ ‭ as ‬ ‭ ‘Devaswom ‬ ‭ Vaga’ ‬ ‭ or ‬ ‭ ‘Devaswom ‬
‭ Poramboke’. ‬ ‭ Furthermore, ‬‭ the ‬‭ land ‬‭ was ‬‭ never ‬‭ held ‬‭ by ‬‭ the ‬‭ Valiyakungara ‬‭ Devaswom ‬
‭ in the revenue records as on 12th April 1922. ‬
‭ 29. ‬ ‭ By ‬ ‭ virtue ‬ ‭ of ‬ ‭ the ‬ ‭ Settlement ‬ ‭ Proclamation ‬ ‭ of ‬ ‭ 1061ME ‬ ‭ (1886), ‬ ‭ the ‬
‭ Government ‬ ‭ decided ‬ ‭ to ‬ ‭ settle ‬ ‭ the ‬ ‭ lands ‬ ‭ in ‬ ‭ favour ‬ ‭ of ‬ ‭ tenants ‬ ‭ after ‬ ‭ remitting ‬ ‭ the ‬
‭ Adangal tax. After the issuance of the Pattayam, no further tenants subsist. ‬
‭ 30. ‬ ‭ Pursuant ‬‭ to ‬‭ Exts. ‬‭ P2 ‬‭ and ‬‭ P4 ‬‭ judgments, ‬‭ a ‬‭ joint ‬‭ survey ‬‭ was ‬‭ conducted, ‬
‭ and, ‬ ‭ as ‬ ‭ per ‬ ‭ Ext. ‬ ‭ P6 ‬ ‭ final ‬ ‭ report ‬ ‭ of ‬ ‭ the ‬ ‭ 4th ‬ ‭ respondent, ‬ ‭ the ‬ ‭ disputed ‬ ‭ lands ‬ ‭ had ‬
‭ already ‬‭ been ‬‭ settled ‬‭ in ‬‭ favour ‬‭ of ‬‭ the ‬‭ 8th ‬‭ respondent. ‬‭ In ‬‭ the ‬‭ present ‬‭ writ ‬‭ petition, ‬
‭ the ‬ ‭ petitioner ‬ ‭ seeks ‬ ‭ the ‬ ‭ very ‬ ‭ same ‬ ‭ reliefs ‬ ‭ as ‬ ‭ those ‬ ‭ claimed ‬ ‭ in ‬ ‭ the ‬ ‭ earlier ‬ ‭ writ ‬
‭ petitions. ‬
‭ 31. ‬ ‭ It ‬‭ is ‬‭ further ‬‭ contended ‬‭ that ‬‭ a ‬‭ public ‬‭ interest ‬‭ litigation ‬‭ instituted ‬‭ at ‬‭ the ‬
‭ instance of a devotee amounts to an abuse of the process of law. ‬
‭ 32. ‬ ‭ Sri. ‬‭ N.K. ‬‭ Karnis, ‬‭ the ‬‭ learned ‬‭ counsel ‬‭ for ‬‭ the ‬‭ petitioner, ‬‭ submitted ‬‭ that ‬
‭ pursuant ‬‭ to ‬‭ Exts. ‬‭ P2 ‬‭ and ‬‭ P4 ‬‭ judgments ‬‭ of ‬‭ this ‬‭ Court, ‬‭ the ‬‭ 4th ‬‭ respondent, ‬‭ the ‬‭ Special ‬
‭ Tahsildar ‬‭ (Land ‬‭ Conservancy ‬‭ Unit) ‬‭ under ‬‭ the ‬‭ KLC ‬‭ Act, ‬‭ conducted ‬‭ a ‬‭ joint ‬‭ survey ‬‭ of ‬

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‭ the ‬ ‭ properties ‬ ‭ having ‬ ‭ an ‬ ‭ extent ‬ ‭ of ‬ ‭ 163 ‬ ‭ cents, ‬ ‭ classified ‬ ‭ as ‬‭ Sirkar ‬‭ Valiyakulangara ‬
‭ Devaswom, ‬ ‭ out ‬ ‭ of ‬ ‭ which ‬ ‭ 101 ‬ ‭ cents ‬ ‭ alone ‬ ‭ are ‬ ‭ found ‬ ‭ in ‬ ‭ possession ‬ ‭ of ‬ ‭ the ‬ ‭ 8th ‬
‭ respondent ‬‭ Samooham ‬‭ and ‬‭ the ‬‭ remaining ‬‭ 62 ‬‭ cents ‬‭ are ‬‭ found ‬‭ to ‬‭ be ‬‭ in ‬‭ possession ‬‭ of ‬
‭ the strangers. ‬
‭ 33. ‬ ‭ The ‬ ‭ learned ‬ ‭ counsel ‬ ‭ has ‬ ‭ pointed ‬ ‭ out ‬ ‭ that ‬ ‭ in ‬ ‭ Ext.P1 ‬ ‭ Settlement ‬
‭ Register, ‬ ‭ those ‬ ‭ properties ‬ ‭ were ‬ ‭ classified ‬ ‭ as ‬ ‭ Devaswom ‬ ‭ land. ‬ ‭ The ‬ ‭ said ‬ ‭ landed ‬
‭ properties ‬‭ were ‬‭ transferred ‬‭ to ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ Samooham ‬‭ on ‬‭ lease ‬‭ for ‬‭ a ‬‭ period ‬
‭ of ‬‭ 30 ‬‭ years. ‬ ‭ After ‬‭ the ‬‭ expiration ‬‭ of ‬‭ the ‬‭ lease ‬‭ period ‬‭ of ‬‭ 30 ‬‭ years, ‬‭ the ‬‭ said ‬‭ properties ‬
‭ will have to be surrendered to Valiyakulangara Devaswom. ‬
‭ 34. ‬ ‭ The ‬‭ learned ‬‭ counsel ‬‭ urged ‬‭ that ‬‭ Ext.P9 ‬‭ order ‬‭ of ‬‭ the ‬‭ Special ‬‭ Tahsildar ‬‭ is ‬
‭ illegal ‬‭ and ‬‭ liable ‬‭ to ‬‭ be ‬‭ set ‬‭ aside ‬‭ to ‬‭ initiate ‬‭ proceedings ‬‭ under ‬‭ the ‬‭ KLC ‬‭ Act ‬‭ read ‬‭ with ‬
‭ Section 27 of the TCHRI Act. ‬
‭ 35. ‬ ‭ The ‬‭ learned ‬‭ counsel ‬‭ argued ‬‭ that ‬‭ Ext.P8 ‬‭ Settlement ‬‭ Pattayam, ‬‭ on ‬‭ the ‬
‭ basis ‬‭ of ‬‭ which ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ claimed ‬‭ title ‬‭ over ‬‭ the ‬‭ properties, ‬‭ is ‬‭ a ‬‭ concocted, ‬
‭ forged ‬ ‭ and ‬ ‭ fabricated ‬ ‭ document. ‬ ‭ The ‬ ‭ 7th ‬ ‭ respondent ‬ ‭ has ‬ ‭ produced ‬ ‭ Ext.P8 ‬
‭ Settlement ‬‭ Pattayam ‬‭ only ‬‭ after ‬‭ the ‬‭ filing ‬‭ of ‬‭ Ext.P6 ‬‭ report. ‬ ‭ Ext.P8 ‬‭ Pattayam ‬‭ became ‬
‭ invalid after the period of 30 years, ie., in the year 1926. ‬
‭ 36. ‬ ‭ It ‬‭ was ‬‭ submitted ‬‭ that ‬‭ the ‬‭ Settlement ‬‭ Register ‬‭ is ‬‭ a ‬‭ public ‬‭ document ‬‭ by ‬
‭ virtue ‬‭ of ‬‭ Section ‬‭ 74 ‬‭ of ‬‭ the ‬‭ Indian ‬‭ Evidence ‬‭ Act. ‬ ‭ The ‬‭ correctness ‬‭ and ‬‭ the ‬‭ contents ‬‭ of ‬

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‭ the ‬ ‭ documents ‬ ‭ can ‬ ‭ be ‬ ‭ challenged ‬ ‭ in ‬ ‭ the ‬ ‭ court ‬ ‭ of ‬ ‭ law. ‬ ‭ The ‬ ‭ findings ‬ ‭ of ‬ ‭ the ‬ ‭ 4th ‬
‭ respondent ‬‭ that ‬‭ the ‬‭ disputed ‬‭ properties ‬‭ are ‬‭ settled ‬‭ in ‬‭ favour ‬‭ of ‬‭ the ‬‭ 8th ‬‭ respondent ‬
‭ are illegal, arbitrary, absurd and warrant interference from this Court. ‬
‭ 37. ‬ ‭ Placing ‬ ‭ reliance ‬ ‭ on ‬ ‭ the ‬ ‭ judgment ‬ ‭ in ‬ ‭ Nandakumar ‬ ‭ v. ‬ ‭ District ‬
‭1 ‬
‭ Collector ‬ ‭ Ernakulam ‬ ‭ and ‬ ‭ others ‬ ‭ , ‬ ‭ it ‬ ‭ was ‬ ‭ held ‬ ‭ that ‬ ‭ the ‬ ‭ mere ‬ ‭ possession ‬ ‭ of ‬
‭ properties ‬ ‭ and ‬ ‭ entries ‬ ‭ in ‬ ‭ the ‬ ‭ settlement ‬ ‭ register ‬ ‭ are ‬ ‭ totally ‬ ‭ worthless ‬ ‭ when ‬ ‭ the ‬
‭ question ‬‭ is ‬‭ with ‬‭ respect ‬‭ to ‬‭ the ‬‭ encroachment ‬‭ of ‬‭ properties ‬‭ vested ‬‭ in ‬‭ the ‬‭ deities ‬‭ of ‬‭ a ‬
‭ temple. ‬
‭ 38. ‬ ‭ The ‬ ‭ learned ‬ ‭ counsel ‬ ‭ pointed ‬ ‭ out ‬ ‭ that ‬ ‭ the ‬ ‭ 4th ‬ ‭ respondent ‬ ‭ Special ‬
‭ Tahsildar is bound to protect the interest of the Devaswom. ‬
‭ 39. ‬ ‭ Sri. ‬‭ Balakrishna ‬‭ Iyer, ‬‭ the ‬‭ learned ‬‭ Senior ‬‭ Counsel, ‬‭ as ‬‭ instructed ‬‭ by ‬‭ Adv. ‬
‭ Sneha ‬‭ Rose, ‬‭ for ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ Samooham, ‬‭ has ‬‭ raised ‬‭ a ‬‭ preliminary ‬‭ objection ‬
‭ that ‬ ‭ the ‬ ‭ writ ‬ ‭ petition ‬ ‭ is ‬ ‭ not ‬ ‭ maintainable ‬ ‭ either ‬ ‭ on ‬ ‭ facts ‬‭ or ‬‭ on ‬‭ law. ‬ ‭ The ‬‭ learned ‬
‭ Senior ‬‭ Counsel ‬‭ submitted ‬‭ that ‬‭ the ‬‭ disputed ‬‭ questions ‬‭ of ‬‭ fact ‬‭ and ‬‭ law ‬‭ and ‬‭ the ‬‭ rival ‬
‭ claims ‬‭ as ‬‭ to ‬‭ the ‬‭ right, ‬‭ title ‬‭ and ‬‭ interest ‬‭ in ‬‭ the ‬‭ properties ‬‭ can ‬‭ only ‬‭ be ‬‭ adjudicated ‬‭ by ‬
‭ a ‬ ‭ competent ‬ ‭ civil ‬ ‭ court ‬ ‭ having ‬ ‭ jurisdiction. ‬ ‭ The ‬ ‭ writ ‬ ‭ court ‬ ‭ cannot ‬ ‭ adjudicate ‬
‭ complicated ‬ ‭ factual ‬ ‭ and ‬ ‭ legal ‬ ‭ questions ‬ ‭ which ‬ ‭ require ‬ ‭ detailed ‬ ‭ evaluation ‬ ‭ of ‬
‭ evidence. ‬
‭1‬
‭ (2018 (2) KHC 58) ‬

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‭ 40. ‬ ‭ The ‬ ‭ learned ‬ ‭ Senior ‬ ‭ Counsel ‬ ‭ further ‬ ‭ submitted ‬ ‭ that ‬ ‭ the ‬ ‭ disputed ‬
‭ properties ‬ ‭ are ‬ ‭ in ‬ ‭ possession ‬ ‭ of ‬ ‭ the ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ Samooham ‬ ‭ for ‬ ‭ the ‬ ‭ past ‬ ‭ 130 ‬
‭ years. ‬ ‭ Originally, ‬‭ the ‬‭ Samooham ‬‭ obtained ‬‭ property ‬‭ only ‬‭ for ‬‭ a ‬‭ period ‬‭ of ‬‭ 30 ‬‭ years. ‬
‭ Subsequently, ‬ ‭ as ‬ ‭ per ‬ ‭ Ext.P8 ‬ ‭ Settlement ‬ ‭ Pattayam, ‬ ‭ the ‬ ‭ Samooham ‬ ‭ obtained ‬
‭ proprietary rights and title in those properties. ‬
‭ 41. ‬ ‭ The ‬ ‭ learned ‬ ‭ counsel ‬ ‭ submitted ‬ ‭ that ‬ ‭ the ‬ ‭ writ ‬ ‭ petitioner ‬ ‭ has ‬ ‭ no ‬‭ locus ‬
‭ standi ‬‭ to ‬‭ challenge ‬‭ the ‬‭ veracity ‬‭ and ‬‭ the ‬‭ genuineness ‬‭ of ‬‭ Ext. ‬‭ P8 ‬‭ Settlement ‬‭ Pattayam ‬
‭ in ‬‭ a ‬‭ writ ‬‭ petition. ‬ ‭ The ‬‭ writ ‬‭ petitioner ‬‭ is ‬‭ a ‬‭ third ‬‭ party ‬‭ and ‬‭ he ‬‭ cannot ‬‭ challenge ‬‭ the ‬
‭ right, ‬ ‭ title ‬ ‭ and ‬ ‭ interest ‬ ‭ of ‬ ‭ the ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ Samooham ‬ ‭ by ‬ ‭ instituting ‬ ‭ a ‬ ‭ writ ‬
‭ petition. ‬
‭ 42. ‬ ‭ The ‬‭ learned ‬‭ Senior ‬‭ Counsel ‬‭ further ‬‭ submitted ‬‭ that ‬‭ pursuant ‬‭ to ‬‭ Exts.P2 ‬
‭ and ‬‭ P4 ‬‭ judgments, ‬‭ a ‬‭ joint ‬‭ survey ‬‭ was ‬‭ conducted ‬‭ and ‬‭ the ‬‭ survey ‬‭ was ‬‭ finalised ‬‭ vide ‬
‭ Ext.P6 ‬‭ order ‬‭ of ‬‭ the ‬‭ Special ‬‭ Tahsildar. ‬ ‭ The ‬‭ impugned ‬‭ Ext.P9 ‬‭ order ‬‭ was ‬‭ passed ‬‭ by ‬
‭ the ‬ ‭ Special ‬ ‭ Tahsildar ‬ ‭ after ‬ ‭ a ‬ ‭ detailed ‬ ‭ hearing ‬ ‭ of ‬ ‭ the ‬ ‭ petitioner ‬ ‭ and ‬ ‭ the ‬ ‭ 8th ‬
‭ respondent. ‬ ‭ The ‬ ‭ Ext. ‬ ‭ P10 ‬ ‭ Review ‬ ‭ Petition ‬‭ filed ‬‭ by ‬‭ the ‬‭ writ ‬‭ petitioner ‬‭ challenging ‬
‭ Ext.P9 order is dismissed by Ext.P11 order of the 4th respondent. ‬
‭ 43. ‬ ‭ The ‬ ‭ learned ‬ ‭ counsel ‬ ‭ would ‬ ‭ further ‬ ‭ point ‬ ‭ out ‬ ‭ that ‬ ‭ the ‬ ‭ order ‬ ‭ of ‬ ‭ the ‬
‭ Special ‬ ‭ Tahsildar ‬ ‭ is ‬ ‭ appealable ‬ ‭ under ‬ ‭ Section ‬ ‭ 16 ‬ ‭ of ‬ ‭ the ‬ ‭ KLC ‬ ‭ Act. ‬ ‭ In ‬‭ view ‬‭ of ‬‭ the ‬
‭ efficacious ‬‭ alternative ‬‭ remedy, ‬ ‭ and ‬‭ without ‬‭ availing ‬‭ the ‬‭ statutory ‬‭ remedy, ‬‭ the ‬‭ writ ‬

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‭ petitioner ‬ ‭ rushed ‬ ‭ to ‬ ‭ this ‬ ‭ Court ‬ ‭ and ‬ ‭ preferred ‬ ‭ the ‬ ‭ present ‬ ‭ writ ‬ ‭ petition ‬ ‭ with ‬ ‭ an ‬
‭ ulterior ‬ ‭ motive ‬ ‭ to ‬ ‭ harass ‬ ‭ the ‬ ‭ 7th ‬ ‭ respondent ‬ ‭ Krishnamoorthy, ‬ ‭ who ‬‭ is ‬‭ a ‬‭ practicing ‬
‭ advocate. ‬
‭ 44. ‬ ‭ The ‬‭ learned ‬‭ counsel ‬‭ would ‬‭ further ‬‭ submit ‬‭ that ‬‭ by ‬‭ the ‬‭ passing ‬‭ of ‬‭ Ext.P9 ‬
‭ order, ‬‭ the ‬‭ directions ‬‭ issued ‬‭ in ‬‭ Exts. ‬‭ P2 ‬‭ and ‬‭ P4 ‬‭ judgments ‬‭ have ‬‭ been ‬‭ duly ‬‭ complied ‬
‭ with. ‬ ‭ The ‬ ‭ petitioner ‬ ‭ is ‬ ‭ trying ‬ ‭ to ‬ ‭ re-agitate ‬ ‭ the ‬ ‭ matter ‬ ‭ by ‬ ‭ instituting ‬ ‭ a ‬ ‭ fresh ‬‭ writ ‬
‭ petition ‬ ‭ by ‬ ‭ seeking ‬ ‭ almost ‬ ‭ similar ‬ ‭ reliefs ‬ ‭ as ‬ ‭ that ‬ ‭ of ‬ ‭ the ‬ ‭ former ‬ ‭ writ ‬ ‭ petition. ‬
‭ According ‬‭ to ‬‭ the ‬‭ learned ‬‭ counsel ‬‭ for ‬‭ the ‬‭ 8th ‬‭ respondent, ‬‭ the ‬‭ present ‬‭ writ ‬‭ petition ‬‭ is ‬
‭ barred by the principles of res judicata and constructive res judicata. ‬
‭ 45. ‬ ‭ The ‬‭ learned ‬‭ counsel ‬‭ would ‬‭ then ‬‭ point ‬‭ out ‬‭ that ‬‭ Ext.R8(a), ‬‭ the ‬‭ relevant ‬
‭ pages ‬‭ of ‬‭ the ‬‭ Settlement ‬‭ Register, ‬‭ published ‬‭ on ‬‭ 9th ‬‭ June ‬‭ 1905, ‬‭ is ‬‭ the ‬‭ final ‬‭ document ‬
‭ of title. ‬
‭ 46. ‬ ‭ R8(b), ‬ ‭ the ‬ ‭ Pattom ‬ ‭ Proclamation ‬ ‭ by ‬ ‭ His ‬ ‭ Highness ‬ ‭ the ‬ ‭ Maharaja ‬ ‭ of ‬
‭ Travancore ‬‭ issued ‬‭ on ‬‭ 2nd ‬‭ June ‬‭ 1865 ‬‭ declared ‬‭ that ‬‭ the ‬‭ holders ‬‭ of ‬‭ pattadars ‬‭ will ‬‭ get ‬
‭ heritable, saleable and transferable rights in the properties possessed by them. ‬
‭ 47. ‬ ‭ On ‬‭ going ‬‭ through ‬‭ the ‬‭ pleadings ‬‭ and ‬‭ submissions, ‬‭ the ‬‭ following ‬‭ issues ‬
‭ arise for our consideration: ‬
‭ (i) ‬ ‭ Whether the writ petition is maintainable? ‬
‭ (ii) ‬ ‭ Whether ‬‭ an ‬‭ alternative ‬‭ and ‬‭ efficacious ‬‭ remedy ‬‭ is ‬‭ available ‬‭ to ‬‭ the ‬‭ writ ‬

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‭ petitioner? ‬
‭ (iii) ‬ ‭ Whether ‬‭ the ‬‭ writ ‬‭ court ‬‭ can ‬‭ adjudicate ‬‭ the ‬‭ rival ‬‭ claims ‬‭ as ‬‭ to ‬‭ the ‬‭ right, ‬
‭ title, or interest in the immovable property? ‬
‭ (iv) ‬ ‭ Whether ‬ ‭ the ‬ ‭ writ ‬ ‭ court ‬ ‭ can ‬ ‭ invoke ‬ ‭ the ‬ ‭ provision ‬ ‭ of ‬ ‭ the ‬ ‭ Land ‬
‭ Conservancy Act to disturb the prolonged and continuous possession? ‬
‭ 48. ‬ ‭ The ‬‭ learned ‬‭ counsel ‬‭ for ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ Samooham ‬‭ submitted ‬‭ that ‬
‭ the ‬‭ writ ‬‭ petition ‬‭ is ‬‭ not ‬‭ maintainable ‬‭ in ‬‭ view ‬‭ of ‬‭ the ‬‭ efficacious ‬‭ alternative ‬‭ remedy ‬‭ of ‬
‭ statutory appeal available under the KLC Act. ‬
‭ 49. ‬ ‭ On ‬‭ the ‬‭ other ‬‭ hand, ‬‭ the ‬‭ learned ‬‭ counsel ‬‭ for ‬‭ the ‬‭ writ ‬‭ petitioner ‬‭ argued ‬
‭ that ‬‭ the ‬‭ availability ‬‭ of ‬‭ an ‬‭ alternative ‬‭ remedy, ‬‭ by ‬‭ itself, ‬‭ is ‬‭ not ‬‭ a ‬‭ ground ‬‭ to ‬‭ dismiss ‬‭ a ‬
‭ writ petition and to reject the claim of the petitioner. ‬
‭2 ‬
‭ 50. ‬ ‭ In ‬‭ Radha ‬‭ Krishan ‬‭ Industries ‬‭ v. ‬‭ State ‬‭ of ‬‭ H.P ‬‭ . ‬ ‭ , ‬‭ the ‬‭ Apex ‬‭ Court ‬‭ laid ‬
‭ down ‬ ‭ the ‬ ‭ principles ‬ ‭ to ‬ ‭ be ‬ ‭ followed ‬ ‭ by ‬ ‭ the ‬ ‭ writ ‬ ‭ Court ‬ ‭ in ‬ ‭ cases ‬ ‭ where ‬ ‭ there ‬ ‭ is ‬‭ an ‬
‭ alternative ‬‭ remedy ‬‭ available. ‬‭ Paragraph ‬‭ 27 ‬‭ of ‬ ‭ Radha ‬‭ Krishan ‬‭ Industries ‬‭ (Supra) ‬
‭ reads thus: ‬
‭ “ ‬‭ 27. ‬‭ The principles of law which emerge are that: ‬
‭ 27.1. ‬ ‭ The ‬ ‭ power ‬ ‭ under ‬ ‭ Article ‬ ‭ 226 ‬ ‭ of ‬ ‭ the ‬‭ Constitution ‬‭ to ‬‭ issue ‬
‭ writs ‬ ‭ can ‬ ‭ be ‬ ‭ exercised ‬ ‭ not ‬ ‭ only ‬ ‭ for ‬ ‭ the ‬ ‭ enforcement ‬ ‭ of ‬ ‭ fundamental ‬
‭ rights, but for any other purpose as well. ‬
‭ 27.2. ‬ ‭ The ‬ ‭ High ‬ ‭ Court ‬ ‭ has ‬‭ the ‬‭ discretion ‬‭ not ‬‭ to ‬‭ entertain ‬‭ a ‬‭ writ ‬
‭2‬
‭ [(2021) 6 SCC 771], ‬

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‭ petition. ‬‭ One ‬‭ of ‬‭ the ‬‭ restrictions ‬‭ placed ‬‭ on ‬‭ the ‬‭ power ‬‭ of ‬‭ the ‬‭ High ‬‭ Court ‬‭ is ‬
‭ where an effective alternate remedy is available to the aggrieved person. ‬
‭ 27.3. ‬‭ Exceptions ‬‭ to ‬‭ the ‬‭ rule ‬‭ of ‬‭ alternate ‬‭ remedy ‬‭ arise ‬‭ where ‬‭ : ‬‭ ( ‬‭ a ‬‭ ) ‬
‭ the ‬ ‭ writ ‬ ‭ petition ‬ ‭ has ‬ ‭ been ‬ ‭ filed ‬ ‭ for ‬ ‭ the ‬ ‭ enforcement ‬ ‭ of ‬ ‭ a ‬ ‭ fundamental ‬
‭ right ‬ ‭ protected ‬ ‭ by ‬ ‭ Part ‬ ‭ III ‬ ‭ of ‬ ‭ the ‬ ‭ Constitution; ‬ ‭ ( ‬‭ b ‬‭ ) ‬ ‭ there ‬ ‭ has ‬ ‭ been ‬ ‭ a ‬
‭ violation ‬‭ of ‬‭ the ‬‭ principles ‬‭ of ‬‭ natural ‬‭ justice; ‬‭ ( ‬‭ c ‬‭ ) ‬‭ the ‬‭ order ‬‭ or ‬‭ proceedings ‬
‭ are ‬ ‭ wholly ‬ ‭ without ‬ ‭ jurisdiction; ‬ ‭ or ‬ ‭ ( ‬‭ d ‬‭ ) ‬ ‭ the ‬ ‭ vires ‬ ‭ of ‬ ‭ a ‬ ‭ legislation ‬ ‭ is ‬
‭ challenged. ‬
‭ 27.4. ‬‭ An ‬‭ alternate ‬‭ remedy ‬‭ by ‬‭ itself ‬‭ does ‬‭ not ‬‭ divest ‬‭ the ‬‭ High ‬‭ Court ‬
‭ of ‬‭ its ‬‭ powers ‬‭ under ‬‭ Article ‬‭ 226 ‬‭ of ‬‭ the ‬‭ Constitution ‬‭ in ‬‭ an ‬‭ appropriate ‬‭ case ‬
‭ though ‬ ‭ ordinarily, ‬ ‭ a ‬ ‭ writ ‬ ‭ petition ‬ ‭ should ‬ ‭ not ‬ ‭ be ‬ ‭ entertained ‬ ‭ when ‬ ‭ an ‬
‭ efficacious alternate remedy is provided by law. ‬
‭ 27.5. ‬‭ When ‬‭ a ‬‭ right ‬‭ is ‬‭ created ‬‭ by ‬‭ a ‬‭ statute, ‬‭ which ‬‭ itself ‬‭ prescribes ‬
‭ the ‬‭ remedy ‬‭ or ‬‭ procedure ‬‭ for ‬‭ enforcing ‬‭ the ‬‭ right ‬‭ or ‬‭ liability, ‬‭ resort ‬‭ must ‬‭ be ‬
‭ had ‬‭ to ‬‭ that ‬‭ particular ‬‭ statutory ‬‭ remedy ‬‭ before ‬‭ invoking ‬‭ the ‬‭ discretionary ‬
‭ remedy ‬‭ under ‬‭ Article ‬‭ 226 ‬‭ of ‬‭ the ‬‭ Constitution. ‬‭ This ‬‭ rule ‬‭ of ‬‭ exhaustion ‬‭ of ‬
‭ statutory remedies is a rule of policy, convenience and discretion. ‬
‭ 27.6. ‬ ‭ In ‬ ‭ cases ‬ ‭ where ‬ ‭ there ‬ ‭ are ‬ ‭ disputed ‬ ‭ questions ‬ ‭ of ‬‭ fact, ‬‭ the ‬
‭ High ‬‭ Court ‬‭ may ‬‭ decide ‬‭ to ‬‭ decline ‬‭ jurisdiction ‬‭ in ‬‭ a ‬‭ writ ‬‭ petition. ‬‭ However, ‬
‭ if ‬ ‭ the ‬ ‭ High ‬ ‭ Court ‬ ‭ is ‬ ‭ objectively ‬ ‭ of ‬ ‭ the ‬ ‭ view ‬ ‭ that ‬ ‭ the ‬ ‭ nature ‬ ‭ of ‬ ‭ the ‬
‭ controversy ‬ ‭ requires ‬ ‭ the ‬ ‭ exercise ‬ ‭ of ‬ ‭ its ‬ ‭ writ ‬ ‭ jurisdiction, ‬ ‭ such ‬ ‭ a ‬ ‭ view ‬
‭ would not readily be interfered with.” ‬
‭ (emphasis supplied) ‬
‭ 51. ‬ ‭ In ‬‭ the ‬‭ instant ‬‭ case, ‬‭ the ‬‭ challenge ‬‭ is ‬‭ against ‬‭ Ext.P9 ‬‭ order ‬‭ passed ‬‭ by ‬‭ the ‬
‭ 4th ‬‭ respondent ‬‭ under ‬‭ Section ‬‭ 15 ‬‭ of ‬‭ the ‬‭ KLC ‬‭ Act, ‬‭ which ‬‭ is ‬‭ an ‬‭ appealable ‬‭ order ‬‭ under ‬
‭ Section ‬‭ 16 ‬‭ of ‬‭ the ‬‭ Act. ‬ ‭ In ‬‭ the ‬‭ instant ‬‭ case, ‬‭ the ‬‭ impugned ‬‭ Ext.P9 ‬‭ order ‬‭ was ‬‭ passed ‬
‭ by ‬ ‭ the ‬ ‭ competent ‬ ‭ authority, ‬ ‭ Special ‬ ‭ Tahsildar ‬ ‭ and ‬ ‭ Executive ‬ ‭ Magistrate, ‬ ‭ on ‬
‭ 27.09.2025. ‬ ‭ The ‬ ‭ writ ‬ ‭ petitioner, ‬ ‭ without ‬ ‭ availing ‬ ‭ and ‬ ‭ exhausting ‬ ‭ the ‬ ‭ statutory ‬
‭ remedy, approached this Court and instituted the writ petition on 23.03.2026. ‬
‭ 52. ‬ ‭ The ‬‭ writ ‬‭ petitioner ‬‭ has ‬‭ not ‬‭ stated ‬‭ any ‬‭ reason ‬‭ for ‬‭ non-availing ‬‭ of ‬‭ and ‬

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‭ non-exhaustion ‬‭ of ‬‭ the ‬‭ statutory ‬‭ remedy ‬‭ available ‬‭ to ‬‭ him. ‬ ‭ The ‬‭ writ ‬‭ petitioner ‬‭ has ‬‭ no ‬
‭ case ‬‭ that ‬‭ the ‬‭ competent ‬‭ authority ‬‭ who ‬‭ passed ‬‭ the ‬‭ order ‬‭ has ‬‭ acted ‬‭ in ‬‭ violation ‬‭ of ‬‭ the ‬
‭ principles of natural justice or that the said authority acted without jurisdiction. ‬
‭ 53. ‬ ‭ We ‬ ‭ find ‬ ‭ from ‬ ‭ the ‬ ‭ records ‬ ‭ that ‬ ‭ sufficient ‬ ‭ opportunity ‬ ‭ of ‬ ‭ hearing ‬ ‭ was ‬
‭ afforded ‬ ‭ to ‬ ‭ the ‬ ‭ writ ‬ ‭ petitioner ‬ ‭ to ‬ ‭ raise ‬ ‭ his ‬ ‭ contentions ‬ ‭ before ‬ ‭ the ‬ ‭ competent ‬
‭ authority ‬ ‭ prior ‬‭ to ‬‭ the ‬‭ passing ‬‭ of ‬‭ Ext. ‬‭ P9 ‬‭ order. ‬ ‭ At ‬‭ this ‬‭ juncture, ‬‭ it ‬‭ is ‬‭ pertinent ‬‭ to ‬
‭ note ‬ ‭ the ‬ ‭ contention ‬ ‭ of ‬ ‭ the ‬ ‭ 7th ‬ ‭ respondent ‬ ‭ that ‬ ‭ the ‬ ‭ petitioner ‬ ‭ is ‬ ‭ instituting ‬ ‭ writ ‬
‭ petitions ‬‭ against ‬‭ him, ‬‭ one ‬‭ after ‬‭ the ‬‭ other, ‬‭ only ‬‭ to ‬‭ harass ‬‭ the ‬‭ 7th ‬‭ respondent, ‬‭ who ‬‭ is ‬
‭ a practicing advocate of this Court with some ulterior motive. ‬
‭ 54. ‬ ‭ Yet ‬‭ another ‬‭ preliminary ‬‭ ground ‬‭ urged ‬‭ by ‬‭ the ‬‭ learned ‬‭ counsel ‬‭ for ‬‭ the ‬
‭ 8th ‬‭ respondent ‬‭ Samooham ‬‭ is ‬‭ that ‬‭ there ‬‭ are ‬‭ rival ‬‭ claims ‬‭ as ‬‭ to ‬‭ the ‬‭ ownership ‬‭ of ‬‭ the ‬
‭ properties. ‬ ‭ The ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ Samooham ‬ ‭ has ‬ ‭ been ‬ ‭ occupying ‬ ‭ the ‬ ‭ disputed ‬
‭ properties ‬ ‭ for ‬ ‭ the ‬ ‭ past ‬ ‭ 130 ‬ ‭ years. ‬ ‭ According ‬ ‭ to ‬ ‭ the ‬ ‭ 8th ‬ ‭ respondent, ‬ ‭ they ‬ ‭ have ‬
‭ acquired ‬‭ proprietary ‬‭ right, ‬‭ title ‬‭ and ‬‭ interest ‬‭ in ‬‭ the ‬‭ properties ‬‭ by ‬‭ virtue ‬‭ of ‬‭ Ext.R8(a) ‬
‭ Settlement ‬ ‭ Pattayam. ‬ ‭ The ‬ ‭ petitioner ‬ ‭ claimed ‬ ‭ that ‬ ‭ the ‬ ‭ properties ‬ ‭ belonged ‬ ‭ to ‬ ‭ the ‬
‭ deity ‬‭ and ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ Samooham ‬‭ is ‬‭ only ‬‭ a ‬‭ lessee, ‬‭ who ‬‭ has ‬‭ to ‬‭ surrender ‬‭ the ‬
‭ leasehold property to the temple after the expiration of the lease. ‬
‭3 ‬
‭ 55. ‬ ‭ In ‬‭ Gunwant ‬‭ Kaur ‬‭ v. ‬‭ Municipal ‬‭ Committee, ‬‭ Bhatinda ‬ ‭ , ‬‭ the ‬‭ Apex ‬
‭ Court ‬ ‭ held ‬ ‭ that ‬ ‭ the ‬ ‭ High ‬ ‭ Court ‬ ‭ is ‬ ‭ not ‬ ‭ deprived ‬ ‭ of ‬ ‭ its ‬ ‭ jurisdiction ‬ ‭ to ‬ ‭ entertain ‬ ‭ a ‬
‭3‬
‭ (AIR 1970 SC 802) ‬

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‭ petition ‬‭ under ‬‭ Art.226 ‬‭ merely ‬‭ because ‬‭ in ‬‭ considering ‬‭ the ‬‭ petitioner's ‬‭ right ‬‭ to ‬‭ relief, ‬
‭ questions ‬ ‭ of ‬ ‭ fact ‬ ‭ may ‬ ‭ fall ‬‭ to ‬‭ be ‬‭ determined. ‬‭ In ‬‭ a ‬‭ petition ‬‭ under ‬‭ Art.226 ‬‭ the ‬‭ High ‬
‭ Court ‬‭ has ‬‭ jurisdiction ‬‭ to ‬‭ try ‬‭ issues ‬‭ both ‬‭ of ‬‭ fact ‬‭ and ‬‭ law. ‬‭ Exercise ‬‭ of ‬‭ the ‬‭ jurisdiction ‬
‭ is, ‬ ‭ it ‬ ‭ is ‬ ‭ true, ‬ ‭ discretionary, ‬ ‭ but ‬‭ the ‬‭ discretion ‬‭ must ‬‭ be ‬‭ exercised ‬‭ on ‬‭ sound ‬‭ judicial ‬
‭ principles. ‬ ‭ When ‬ ‭ the ‬ ‭ petition ‬ ‭ raises ‬ ‭ questions ‬ ‭ of ‬ ‭ fact ‬ ‭ of ‬ ‭ a ‬‭ complex ‬‭ nature, ‬‭ which ‬
‭ may ‬‭ for ‬‭ their ‬‭ determination ‬‭ require ‬‭ oral ‬‭ evidence ‬‭ to ‬‭ be ‬‭ taken, ‬‭ and ‬‭ on ‬‭ that ‬‭ account ‬
‭ the ‬‭ High ‬‭ Court ‬‭ is ‬‭ of ‬‭ the ‬‭ view ‬‭ that ‬‭ the ‬‭ dispute ‬‭ may ‬‭ not ‬‭ appropriately ‬‭ be ‬‭ tried ‬‭ in ‬‭ a ‬
‭ writ ‬‭ petition, ‬‭ the ‬‭ High ‬‭ Court ‬‭ may ‬‭ decline ‬‭ to ‬‭ try ‬‭ a ‬‭ petition. ‬‭ Rejection ‬‭ of ‬‭ a ‬‭ petition ‬‭ in ‬
‭ limine ‬‭ will ‬‭ normally ‬‭ be ‬‭ justified ‬‭ where ‬‭ the ‬‭ High ‬‭ Court ‬‭ is ‬‭ of ‬‭ the ‬‭ view ‬‭ that ‬‭ the ‬‭ petition ‬
‭ is ‬ ‭ frivolous ‬ ‭ or ‬ ‭ because ‬ ‭ of ‬ ‭ the ‬ ‭ nature ‬ ‭ of ‬ ‭ the ‬ ‭ claim ‬ ‭ made ‬ ‭ dispute ‬ ‭ sought ‬ ‭ to ‬ ‭ be ‬
‭ agitated, ‬‭ or ‬‭ that ‬‭ the ‬‭ petition ‬‭ against ‬‭ the ‬‭ party ‬‭ against ‬‭ whom ‬‭ relief ‬‭ is ‬‭ claimed ‬‭ is ‬‭ not ‬
‭ maintainable ‬‭ or ‬‭ that ‬‭ the ‬‭ dispute ‬‭ raised ‬‭ thereby ‬‭ is ‬‭ such ‬‭ that ‬‭ it ‬‭ would ‬‭ be ‬‭ inappropriate ‬
‭ to try it in the writ jurisdiction, or for analogous reasons. ‬
‭ 56. ‬ ‭ In ‬ ‭ New ‬ ‭ Okhla ‬ ‭ Industrial ‬ ‭ Development ‬ ‭ Authority ‬ ‭ v. ‬ ‭ Kendriya ‬
‭4 ‬
‭ Karamchari ‬ ‭ Sahkari ‬ ‭ Grih ‬ ‭ Nirman ‬ ‭ Samiti ‬ ‭ , ‬ ‭ the ‬ ‭ Apex ‬ ‭ Court ‬ ‭ observed ‬‭ that ‬‭ in ‬‭ a ‬
‭ petition ‬‭ under ‬‭ Article ‬‭ 226, ‬‭ the ‬‭ High ‬‭ Court ‬‭ has ‬‭ jurisdiction ‬‭ to ‬‭ try ‬‭ issues ‬‭ both ‬‭ of ‬‭ fact ‬
‭ and ‬ ‭ law. ‬ ‭ When ‬ ‭ the ‬ ‭ petition ‬ ‭ raises ‬‭ complex ‬‭ questions ‬‭ of ‬‭ fact ‬‭ which ‬‭ may, ‬‭ for ‬‭ their ‬
‭ determination, ‬‭ require ‬‭ oral ‬‭ evidence ‬‭ to ‬‭ be ‬‭ taken ‬‭ and ‬‭ on ‬‭ that ‬‭ account ‬‭ the ‬‭ High ‬‭ Court ‬
‭ is ‬‭ of ‬‭ the ‬‭ view ‬‭ that ‬‭ the ‬‭ disputed ‬‭ statement ‬‭ may ‬‭ not ‬‭ be ‬‭ appropriately ‬‭ tried ‬‭ in ‬‭ a ‬‭ writ ‬
‭4‬
‭ (2006) 9 SCC 524 ‬

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‭ petition, the High Court should ordinarily decline to try the petition. ‬
‭ 57. ‬ ‭ In ‬ ‭ Orissa ‬ ‭ Agro ‬ ‭ Industries ‬ ‭ Corpn. ‬ ‭ Ltd. ‬ ‭ and ‬ ‭ Others ‬ ‭ v. ‬ ‭ Bharati ‬
‭5 ‬
‭ , ‬
‭ Industries ‬‭ and ‬‭ Others ‬ ‭ the ‬‭ Apex ‬‭ Court ‬‭ held ‬‭ that ‬‭ where ‬‭ a ‬‭ complicated ‬‭ question ‬‭ of ‬
‭ fact ‬‭ is ‬‭ involved ‬‭ and ‬‭ the ‬‭ matter ‬‭ requires ‬‭ thorough ‬‭ proof ‬‭ on ‬‭ factual ‬‭ aspects, ‬‭ the ‬‭ High ‬
‭ Court ‬‭ should ‬‭ not ‬‭ entertain ‬‭ the ‬‭ writ ‬‭ petition. ‬‭ Whether ‬‭ or ‬‭ not ‬‭ the ‬‭ High ‬‭ Court ‬‭ should ‬
‭ exercise ‬ ‭ jurisdiction ‬ ‭ under ‬ ‭ Art.226 ‬ ‭ of ‬ ‭ the ‬ ‭ Constitution ‬ ‭ would ‬‭ largely ‬‭ depend ‬‭ upon ‬
‭ the ‬‭ nature ‬‭ of ‬‭ dispute ‬‭ and ‬‭ if ‬‭ the ‬‭ dispute ‬‭ cannot ‬‭ be ‬‭ resolved ‬‭ without ‬‭ going ‬‭ into ‬‭ the ‬
‭ factual controversy, the High Court should not entertain the writ petition. ‬
‭ 58. ‬ ‭ In ‬‭ the ‬‭ case ‬‭ on ‬‭ hand, ‬‭ there ‬‭ are ‬‭ rival ‬‭ claims ‬‭ as ‬‭ to ‬‭ the ‬‭ ownership ‬‭ of ‬‭ the ‬
‭ immovable ‬ ‭ properties. ‬ ‭ The ‬ ‭ dispute ‬ ‭ involves ‬ ‭ the ‬ ‭ adjudication ‬ ‭ of ‬ ‭ complicated ‬
‭ questions of fact and law which require thorough proof and detailed evidence. ‬
‭ 59. ‬ ‭ Considering ‬ ‭ the ‬ ‭ nature ‬ ‭ of ‬ ‭ the ‬ ‭ controversy ‬ ‭ involved ‬‭ in ‬‭ this ‬‭ case, ‬‭ and ‬
‭ the ‬‭ non-exhaustion ‬‭ of ‬‭ the ‬‭ statutory ‬‭ remedy ‬‭ available ‬‭ to ‬‭ the ‬‭ petitioner, ‬‭ we ‬‭ are ‬‭ of ‬‭ the ‬
‭ firm ‬‭ view ‬‭ that ‬‭ this ‬‭ is ‬‭ not ‬‭ a ‬‭ fit ‬‭ case ‬‭ to ‬‭ exercise ‬‭ the ‬‭ powers ‬‭ of ‬‭ judicial ‬‭ review ‬‭ vested ‬
‭ with this Court under Article 226 of the Constitution of India. ‬
‭ 60. ‬ ‭ Another ‬ ‭ contention ‬ ‭ of ‬ ‭ the ‬ ‭ writ ‬ ‭ petitioner ‬ ‭ is ‬ ‭ to ‬ ‭ invoke ‬ ‭ the ‬ ‭ powers ‬
‭ vested ‬‭ under ‬‭ Section ‬‭ 15 ‬‭ of ‬‭ the ‬‭ KLC ‬‭ Act ‬‭ by ‬‭ the ‬‭ 4th ‬‭ respondent ‬‭ Special ‬‭ Tahsildar ‬‭ and ‬
‭ to evict the encroacher from the Devaswom land. ‬
‭5‬
‭(2005 KHC 2232)‬

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‭ 61. ‬ ‭ The ‬ ‭ KLC ‬ ‭ Act ‬ ‭ contemplates ‬ ‭ a ‬ ‭ summary ‬ ‭ procedure ‬ ‭ for ‬ ‭ the ‬ ‭ eviction ‬‭ of ‬
‭ unauthorized ‬‭ occupants ‬‭ from ‬‭ the ‬‭ Government ‬‭ land. ‬ ‭ By ‬‭ virtue ‬‭ of ‬‭ Section ‬‭ 27 ‬‭ of ‬‭ the ‬
‭ TCHRI ‬‭ Act, ‬‭ the ‬‭ temple ‬‭ properties ‬‭ are ‬‭ also ‬‭ deemed ‬‭ to ‬‭ be ‬‭ Government ‬‭ land ‬‭ for ‬‭ the ‬
‭ limited purpose of applying the provisions of the KLC Act. ‬
‭ 62. ‬ ‭ In ‬ ‭ the ‬ ‭ instant ‬ ‭ case, ‬ ‭ admittedly, ‬ ‭ the ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ Samooham ‬ ‭ has ‬
‭ been ‬‭ occupying ‬‭ the ‬‭ disputed ‬‭ properties ‬‭ since ‬‭ 1896. ‬ ‭ The ‬‭ said ‬‭ Samooham ‬‭ is ‬‭ claiming ‬
‭ ownership ‬‭ on ‬‭ the ‬‭ strength ‬‭ of ‬‭ Ext.P8/Ext.R8(a) ‬‭ Settlement ‬‭ Pattayam. ‬‭ If ‬‭ that ‬‭ be ‬‭ so, ‬
‭ the ‬‭ crucial ‬‭ question ‬‭ which ‬‭ arises ‬‭ for ‬‭ our ‬‭ consideration ‬‭ is ‬‭ whether ‬‭ Section ‬‭ 15 ‬‭ of ‬‭ the ‬
‭ KLC Act can be invoked to evict the Samooham. ‬
‭ 63. ‬ ‭ This ‬ ‭ Court ‬ ‭ in ‬ ‭ Shree ‬ ‭ Kumramputhoor ‬ ‭ Bhagavathy ‬ ‭ Devaswom ‬
‭6 ‬

‭ Kshethra ‬‭ Samrakshana ‬‭ Samithi ‬‭ v. ‬‭ Malabar ‬‭ Devaswom ‬‭ Board ‬ ‭ in ‬‭ Paragraph ‬
‭ 70 of the judgment observed as follows: ‬
‭ “70. ‬ ‭ However, ‬ ‭ if ‬ ‭ the ‬ ‭ occupant ‬ ‭ is ‬ ‭ occupying ‬ ‭ land ‬ ‭ for ‬ ‭ several ‬
‭ decades ‬ ‭ on ‬ ‭ the ‬ ‭ strength ‬ ‭ of ‬ ‭ sale ‬ ‭ deed, ‬ ‭ lease ‬ ‭ deed ‬ ‭ and ‬ ‭ purchase ‬
‭ certificates, ‬‭ the ‬‭ court ‬‭ should ‬‭ be ‬‭ loath ‬‭ to ‬‭ direct ‬‭ the ‬‭ competent ‬‭ authority ‬
‭ under ‬‭ the ‬‭ KLC ‬‭ Act ‬‭ to ‬‭ order ‬‭ eviction. ‬‭ If ‬‭ an ‬‭ occupant ‬‭ is ‬‭ occupying ‬‭ in ‬‭ the ‬
‭ property ‬‭ of ‬‭ the ‬‭ government ‬‭ or ‬‭ that ‬‭ of ‬‭ the ‬‭ Devaswom ‬‭ on ‬‭ the ‬‭ strength ‬‭ of ‬
‭ sale ‬ ‭ deed/lease ‬ ‭ deed/purchase ‬ ‭ certificate ‬ ‭ issued ‬ ‭ by ‬ ‭ the ‬ ‭ competent ‬
‭ authority ‬ ‭ under ‬ ‭ the ‬ ‭ KLR ‬ ‭ Act, ‬ ‭ his ‬ ‭ occupation ‬ ‭ cannot ‬ ‭ be ‬ ‭ termed ‬ ‭ as ‬
‭ ‘unauthorised’ ‬‭ or ‬‭ ‘illegal’. ‬‭ In ‬‭ other ‬‭ words, ‬‭ his ‬‭ occupation ‬‭ is ‬‭ supported ‬‭ by ‬
‭ some documents issued by the governmental authorities.” ‬
‭ 64. ‬ ‭ In ‬ ‭ Government ‬ ‭ of ‬ ‭ Andhra ‬ ‭ Pradesh ‬ ‭ v. ‬ ‭ Thummala ‬‭ Krishna ‬‭ Rao ‬
‭6‬
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‭ [ ‬ ‭ ] ‬

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‭ And ‬ ‭ Another ‬ ‭ , ‬ ‭ a ‬ ‭ Bench ‬ ‭ of ‬ ‭ three ‬ ‭ Honourable ‬ ‭ Judges ‬ ‭ of ‬ ‭ the ‬ ‭ Apex ‬ ‭ Court, ‬ ‭ while ‬
‭ interpreting ‬‭ Sections ‬‭ 6 ‬‭ and ‬‭ 7 ‬‭ of ‬‭ Land ‬‭ Encroachment ‬‭ Act, ‬‭ 1905 ‬ ‭ (A.P. ‬‭ Act ‬‭ 3 ‬‭ of ‬‭ 1905), ‬
‭ expressed ‬ ‭ the ‬ ‭ view ‬ ‭ that ‬ ‭ where ‬ ‭ the ‬ ‭ title ‬ ‭ to ‬ ‭ the ‬ ‭ land ‬ ‭ is ‬ ‭ bona ‬‭ fide ‬‭ disputed ‬‭ by ‬‭ the ‬
‭ occupant, ‬‭ such ‬‭ dispute ‬‭ must ‬‭ be ‬‭ adjudicated ‬‭ not ‬‭ by ‬‭ the ‬‭ summary ‬‭ proceedings, ‬‭ but ‬
‭ by civil suit. ‬
‭8 ‬
‭ 65. ‬ ‭ In ‬ ‭ State ‬ ‭ of ‬ ‭ Rajasthan ‬ ‭ v. ‬ ‭ Padmavati ‬ ‭ Devi ‬ ‭ , ‬ ‭ another ‬ ‭ Bench ‬
‭ consisting ‬‭ of ‬‭ three ‬‭ Honourable ‬‭ Judges ‬‭ of ‬‭ the ‬‭ Apex ‬‭ Court ‬‭ followed ‬‭ the ‬‭ judgment ‬‭ of ‬
‭ Thummala ‬ ‭ Krishna ‬ ‭ Rao ‬ ‭ (supra) ‬ ‭ and ‬ ‭ reiterated ‬ ‭ the ‬ ‭ very ‬ ‭ same ‬ ‭ principle ‬ ‭ while ‬
‭ interpreting the provisions of Rajasthan Land Revenue Act, 1956 (15 of 1956). ‬
‭ 66. ‬ ‭ In ‬ ‭ view ‬ ‭ of ‬ ‭ the ‬ ‭ Authoritative ‬ ‭ pronouncement ‬ ‭ of ‬ ‭ the ‬ ‭ Apex ‬ ‭ Court ‬ ‭ in ‬
‭ Thummala ‬ ‭ Krishna ‬ ‭ Rao ‬ ‭ (supra) ‬ ‭ and ‬ ‭ Padmavati ‬ ‭ Devi ‬ ‭ (supra), ‬ ‭ we ‬ ‭ are ‬ ‭ of ‬ ‭ the ‬
‭ considered ‬ ‭ view ‬ ‭ that ‬ ‭ where ‬ ‭ the ‬ ‭ person ‬ ‭ in ‬ ‭ occupation ‬ ‭ of ‬ ‭ land ‬ ‭ raises ‬ ‭ a ‬ ‭ bona ‬ ‭ fide ‬
‭ dispute ‬‭ involving ‬‭ complicated ‬‭ questions ‬‭ of ‬‭ title ‬‭ and ‬‭ the ‬‭ right ‬‭ to ‬‭ remain ‬‭ in ‬‭ possession ‬
‭ of ‬ ‭ the ‬ ‭ land, ‬ ‭ and ‬ ‭ the ‬ ‭ controversy ‬ ‭ involves ‬ ‭ the ‬ ‭ applicability ‬ ‭ and ‬ ‭ interpretation ‬ ‭ of ‬
‭ various ‬‭ laws, ‬‭ disputed ‬‭ questions ‬‭ of ‬‭ fact ‬‭ requiring ‬‭ recording ‬‭ of ‬‭ evidence, ‬‭ the ‬‭ matter ‬
‭ is to be adjudicated by the competent civil court and not by the writ court. ‬
‭ 67. ‬ ‭ Another ‬ ‭ Contention ‬ ‭ advanced ‬ ‭ is ‬ ‭ that ‬ ‭ Section ‬ ‭ 27 ‬ ‭ of ‬ ‭ the ‬ ‭ TCHRI ‬ ‭ Act ‬
‭ cannot ‬‭ be ‬‭ invoked ‬‭ in ‬‭ the ‬‭ instant ‬‭ case, ‬‭ as ‬‭ the ‬‭ property ‬‭ was ‬‭ not ‬‭ in ‬‭ possession ‬‭ of ‬‭ the ‬
‭7‬
‭ (1982) 2 SCC 134 ‬
‭ 8 ‬
‭ [1995 Supp (2) SCC 290] ‬

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‭ Board ‬‭ as ‬‭ on ‬‭ 12th ‬‭ April ‬‭ 1922. ‬‭ Before ‬‭ further ‬‭ discussion, ‬‭ it ‬‭ would ‬‭ be ‬‭ useful ‬‭ to ‬‭ extract ‬
‭ Section 27 of the TCHRI Act. ‬
‭ “S.27 ‬ ‭ Devaswom properties.-- ‬
‭ Immovable ‬ ‭ properties ‬‭ entered ‬‭ or ‬‭ classed ‬‭ in ‬‭ the ‬‭ revenue ‬‭ records ‬
‭ as ‬ ‭ Devaswom ‬ ‭ Vaga ‬ ‭ or ‬ ‭ Devaswom ‬ ‭ Poramboke ‬ ‭ and ‬ ‭ such ‬ ‭ other ‬
‭ Pandaravaga ‬ ‭ lands ‬ ‭ as ‬ ‭ are ‬ ‭ in ‬ ‭ the ‬ ‭ possession ‬ ‭ or ‬ ‭ enjoyment ‬ ‭ of ‬ ‭ the ‬
‭ Devaswoms ‬ ‭ mentioned ‬ ‭ in ‬ ‭ Schedule ‬ ‭ I ‬ ‭ after ‬ ‭ the ‬ ‭ 30th ‬ ‭ Meenam, ‬ ‭ 1097 ‬
‭ corresponding ‬‭ to ‬‭ the ‬‭ 12th ‬‭ April, ‬‭ 1922, ‬‭ shall ‬‭ be ‬‭ dealt ‬‭ with ‬‭ as ‬‭ Devaswom ‬
‭ properties. ‬ ‭ The ‬ ‭ provisions ‬ ‭ of ‬ ‭ the ‬ ‭ Land ‬‭ Conservancy ‬‭ Act ‬‭ of ‬‭ 1091 ‬‭ (IV ‬‭ of ‬
‭ 1091) ‬ ‭ shall ‬ ‭ be ‬ ‭ applicable ‬ ‭ to ‬ ‭ Devaswom ‬ ‭ lands ‬ ‭ as ‬ ‭ in ‬ ‭ the ‬ ‭ case ‬ ‭ of ‬
‭ Government lands.” ‬
‭ 68. ‬ ‭ It ‬ ‭ is ‬ ‭ pertinent ‬ ‭ to ‬ ‭ note ‬ ‭ that, ‬ ‭ in ‬‭ the ‬‭ instant ‬‭ case, ‬‭ the ‬‭ 8th ‬‭ respondent ‬
‭ Samooham ‬ ‭ has ‬ ‭ been ‬ ‭ in ‬ ‭ possession ‬ ‭ and ‬ ‭ enjoying ‬ ‭ the ‬ ‭ land ‬ ‭ from ‬ ‭ 1896 ‬ ‭ onwards. ‬
‭ Therefore, ‬‭ we ‬‭ have ‬‭ no ‬‭ hesitation ‬‭ in ‬‭ holding ‬‭ that ‬‭ neither ‬‭ Section ‬‭ 27 ‬‭ of ‬‭ the ‬‭ TCHRI ‬
‭ Act ‬‭ nor ‬‭ the ‬‭ provisions ‬‭ of ‬‭ the ‬‭ KLC ‬‭ Act ‬‭ have ‬‭ any ‬‭ application ‬‭ in ‬‭ the ‬‭ facts ‬‭ of ‬‭ the ‬‭ instant ‬
‭ case. ‬
‭ 69. ‬ ‭ The ‬‭ main ‬‭ challenge ‬‭ in ‬‭ this ‬‭ writ ‬‭ petition ‬‭ is ‬‭ that ‬‭ Ext.P9 ‬‭ order ‬‭ passed ‬‭ by ‬
‭ the ‬‭ 4th ‬‭ respondent, ‬‭ Special ‬‭ Tahsildar, ‬‭ is ‬‭ illegal ‬‭ and ‬‭ liable ‬‭ to ‬‭ be ‬‭ set ‬‭ aside. ‬‭ We ‬‭ have ‬
‭ carefully ‬‭ gone ‬‭ through ‬‭ Ext.P9 ‬‭ order. ‬ ‭ Pursuant ‬‭ to ‬‭ the ‬‭ directions ‬‭ issued ‬‭ by ‬‭ this ‬‭ Court ‬
‭ in ‬ ‭ Ext.P2 ‬ ‭ and ‬ ‭ P4 ‬ ‭ judgments, ‬ ‭ the ‬ ‭ joint ‬‭ survey ‬‭ was ‬‭ conducted ‬‭ and ‬‭ the ‬‭ survey ‬‭ was ‬
‭ finalised ‬ ‭ by ‬ ‭ Ext.P6 ‬ ‭ report. ‬ ‭ From ‬ ‭ the ‬ ‭ records, ‬ ‭ we ‬ ‭ find ‬ ‭ that, ‬ ‭ after ‬ ‭ finalising ‬ ‭ the ‬
‭ survey, ‬ ‭ notices ‬‭ were ‬‭ sent ‬‭ to ‬‭ the ‬‭ petitioner ‬‭ and ‬‭ the ‬‭ respondents, ‬‭ and ‬‭ the ‬‭ affected ‬

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‭ parties ‬‭ were ‬‭ afforded ‬‭ an ‬‭ opportunity ‬‭ of ‬‭ personal ‬‭ hearing. ‬ ‭ The ‬‭ evidence ‬‭ of ‬‭ the ‬‭ writ ‬
‭ petitioner ‬ ‭ was ‬ ‭ also ‬ ‭ recorded ‬ ‭ by ‬ ‭ the ‬ ‭ Special ‬ ‭ Tahsildar. ‬ ‭ The ‬ ‭ writ ‬‭ petitioner ‬‭ stated ‬
‭ before ‬‭ the ‬‭ competent ‬‭ authority ‬‭ that ‬‭ he ‬‭ was ‬‭ satisfied ‬‭ with ‬‭ the ‬‭ joint ‬‭ survey ‬‭ conducted ‬
‭ on ‬‭ 13.05.2024. ‬ ‭ However, ‬‭ he ‬‭ expressed ‬‭ his ‬‭ objection ‬‭ to ‬‭ the ‬‭ conclusion ‬‭ that ‬‭ there ‬
‭ was ‬‭ no ‬‭ encroachment ‬‭ in ‬‭ the ‬‭ temple ‬‭ land. ‬ ‭ He ‬‭ further ‬‭ stated ‬‭ that ‬‭ the ‬‭ burden ‬‭ of ‬‭ proof ‬
‭ in ‬‭ this ‬‭ case ‬‭ is ‬‭ with ‬‭ the ‬‭ 8th ‬‭ respondent ‬‭ Samooham. ‬ ‭ The ‬‭ competent ‬‭ authority ‬‭ after ‬‭ a ‬
‭ detailed ‬‭ consideration ‬‭ of ‬‭ the ‬‭ joint ‬‭ survey ‬‭ report ‬‭ and ‬‭ the ‬‭ contention ‬‭ of ‬‭ the ‬‭ parties, ‬
‭ concluded ‬ ‭ that ‬ ‭ the ‬ ‭ properties ‬ ‭ described ‬ ‭ in ‬ ‭ Old ‬ ‭ Survey ‬ ‭ Nos.3750, ‬ ‭ 3752, ‬ ‭ 3755 ‬
‭ (A,B,C), ‬‭ 3756 ‬‭ (A, ‬‭ B), ‬‭ 3757, ‬‭ 3758, ‬‭ 3760, ‬‭ 3762 ‬‭ and ‬‭ 3766 ‬‭ in ‬‭ Karthikappally ‬‭ Village ‬‭ are ‬
‭ in the name of private individuals and covered by purchase certificates. ‬
‭ 70. ‬ ‭ It ‬ ‭ is ‬ ‭ further ‬ ‭ stated ‬ ‭ in ‬ ‭ Ext.P9 ‬ ‭ order ‬ ‭ that ‬ ‭ the ‬ ‭ 8th ‬ ‭ respondent ‬ ‭ has ‬
‭ produced ‬ ‭ title ‬ ‭ deeds ‬ ‭ in ‬ ‭ support ‬ ‭ of ‬ ‭ their ‬ ‭ claim, ‬ ‭ and ‬ ‭ that ‬ ‭ the ‬ ‭ writ ‬ ‭ petitioner ‬ ‭ has ‬
‭ expressed ‬ ‭ doubts ‬ ‭ as ‬ ‭ to ‬ ‭ the ‬ ‭ genuineness ‬ ‭ of ‬ ‭ the ‬ ‭ said ‬ ‭ deeds. ‬ ‭ Therefore, ‬ ‭ the ‬
‭ competent ‬‭ authority ‬‭ concluded ‬‭ that ‬‭ an ‬‭ action ‬‭ under ‬‭ the ‬‭ KLC ‬‭ Act ‬‭ cannot ‬‭ be ‬‭ taken ‬‭ in ‬
‭ the ‬‭ controversy. ‬ ‭ The ‬‭ competent ‬‭ authority ‬‭ has ‬‭ also ‬‭ issued ‬‭ a ‬‭ direction ‬ ‭ to ‬‭ the ‬‭ TDB ‬‭ to ‬
‭ initiate appropriate action before the competent civil court. ‬
‭ 71. ‬ ‭ The ‬ ‭ competent ‬ ‭ authority ‬ ‭ under ‬ ‭ the ‬ ‭ KLC ‬ ‭ Act ‬‭ has ‬‭ also ‬‭ placed ‬‭ profuse ‬
‭ reliance ‬ ‭ on ‬ ‭ the ‬ ‭ judgment ‬ ‭ of ‬ ‭ this ‬ ‭ Court ‬ ‭ in ‬ ‭ Harrison ‬ ‭ Malayalam ‬ ‭ Ltd. ‬‭ Cochin ‬‭ v. ‬

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‭9 ‬ ‭10 ‬
‭ State ‬‭ of ‬‭ Kerala ‬‭ and ‬‭ others ‬ ‭ , ‬‭ Harrison ‬‭ Malayalam ‬‭ Ltd. ‬‭ v. ‬‭ State ‬‭ of ‬‭ Kerala ‬ ‭ , ‬
‭11 ‬

‭ Deviprasad ‬ ‭ M.N. ‬ ‭ and ‬‭ others ‬‭ v. ‬‭ District ‬‭ Collector, ‬‭ Wayanad ‬ ‭ , ‬‭ wherein ‬‭ this ‬
‭ court ‬‭ observed ‬ ‭ that ‬‭ the ‬‭ writ ‬‭ court ‬‭ cannot ‬‭ interfere ‬‭ if ‬‭ the ‬‭ person ‬‭ in ‬‭ occupation ‬‭ of ‬
‭ the ‬ ‭ land ‬ ‭ has ‬‭ a ‬ ‭ semblance ‬‭ of ‬‭ title. ‬ ‭ On ‬‭ going ‬‭ through ‬‭ Ext.P9 ‬‭ order ‬‭ of ‬‭ the ‬‭ special ‬
‭ tahsildar, ‬ ‭ we ‬ ‭ are ‬ ‭ unable ‬ ‭ to ‬ ‭ accept ‬ ‭ the ‬ ‭ contention ‬ ‭ that ‬ ‭ the ‬ ‭ said ‬ ‭ order ‬ ‭ is ‬ ‭ illegal, ‬
‭ arbitrary and unjustifiable. ‬
‭ 72. ‬ ‭ On ‬‭ a ‬‭ careful ‬‭ consideration ‬‭ of ‬‭ the ‬‭ submissions ‬‭ advanced ‬‭ by ‬‭ the ‬‭ counsel ‬
‭ for ‬‭ the ‬‭ parties, ‬‭ pleadings ‬‭ and ‬‭ materials ‬‭ placed ‬‭ on ‬‭ record, ‬‭ we ‬‭ are ‬‭ of ‬‭ the ‬‭ considered ‬
‭ view ‬‭ that ‬‭ the ‬‭ reliefs ‬‭ claimed ‬‭ in ‬‭ the ‬‭ writ ‬‭ petition ‬‭ cannot ‬‭ be ‬‭ granted. ‬ ‭ The ‬‭ writ ‬‭ petition ‬
‭ is devoid of any merits and liable to be dismissed. ‬
‭ The writ petition is dismissed. ‬
‭ Sd/- ‬
‭ RAJA VIJAYARAGHAVAN V ‬
‭ JUDGE ‬
‭ Sd/- ‬
‭ K. V. JAYAKUMAR ‬
‭ JUDGE ‬
‭msp‬
‭9‬
‭ (2014 (4) KHC 245) ‬
‭10‬
‭ (2018 (2) KHC 719) ‬
‭11‬
‭ (2019 (4) KHC 28) ‬

‭CNR : KLHC010252922026‬
‭2026:KER:68733‬
‭W.P(C).11984 of 2026‬
‭29‬
‭ APPENDIX OF WP(C) NO. 11984 OF 2026 ‬
PETITIONER EXHIBITS ‬
‭
Exhibit-P1 ‬ COPY OF THE SETTLEMENT REGISTER ‬
‭ ‭
Exhibit-P2 ‬ COPY ‬ OF ‬ JUDGMENT ‬ DATED ‬ 02/02/2024 ‬ IN ‬ WPC ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
‭ NO.30586/2023 ‬
Exhibit-P3 ‬ COPY ‬ OF ‬ THE ‬ NOTICE ‬ NO:A3 ‬ 696/2023 ‬ DATED ‬ ON ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
‭ 10/11/2024 ISSUED BY THE 4TH RESPONDENT ‬
Exhibit-P4 ‬ COPY ‬ OF ‬ JUDGMENT ‬ IN ‬ WRIT ‬ PETITION(C) ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭
‭ NO.6502/2025 ‬
Exhibit-P5 ‬ COPY ‬ OF ‬ JUDGMENT ‬ DATED ‬ 11/04/2025 ‬ IN ‬ REVIEW ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
PETITION AS 510/2025 ‬
‭
Exhibit-P6 ‬ COPY ‬ OF ‬ REPORT ‬ BEARING ‬ NO.E2(B) ‬ 1449/25 ‬ DATED ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
28/06/2025 FILED BY THE 4TH RESPONDENT ‬
‭
Exhibit-P7 ‬ COPY ‬ OF ‬ LETTER ‬ NO.A3-696/2023 ‬ DATED ‬
‭ ‭ ‭ ‭ ‭ ‭
02/07/2025 ISSUED BY THE 4TH RESPONDENT ‬
‭
Exhibit-P8 ‬ COPY ‬ OF ‬ THE ‬ SETTLEMENT ‬ PATTAYAM ‬ NO ‬ 12 ‬ DATED ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
1071 ‬ ME ‬ (1896) ‬ FILED ‬ BEFORE ‬ THE ‬ 4TH ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭
RESPONDENT ‬
‭
Exhibit-P9 ‬ COPY ‬ OF ‬ ORDER ‬ NO.A3-696/23 ‬ DATED ‬ 27/09/2025 ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭
PASSED BY THE 4TH RESPONDENT ‬
‭
Exhibit-P10 ‬ COPY ‬ OF ‬ THE ‬ PETITION ‬ DATED ‬ 25/10/2025 ‬ FILED ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
BY THE PETITIONER BEFORE THE 4TH RESPONDENT ‬
‭
Exhibit-P11 ‬ COPY ‬ OF ‬ ORDER ‬ NO.A3-696/2023 ‬ DATED ‬ 25/10/2025 ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭
BY THE 4TH RESPONDENT ‬
‭
Exhibit-P12 ‬ COPY ‬ OF ‬ RELEVANT ‬ PAGE ‬ NO.08 ‬ OF ‬ THE ‬ COUNTER ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
AFFIDAVIT IN WRIT PETITION NO. 30586/2023 ‬
‭
‭ Exhibit-P13 ‬ ‭ COPY ‬ ‭ OF ‬ ‭ THE ‬ ‭ PHOTOGRAPH ‬ ‭ OF ‬ ‭ THE ‬ ‭ R7(G) ‬ ‭ OF ‬ ‭ THE ‬
COUNTER ‬ AFFIDAVIT ‬ IN ‬ WRIT ‬ PETITION ‬ NO. ‬
‭ ‭ ‭ ‭ ‭ ‭
30586/2023 ‬
‭
Exhibit-P14 ‬ COPY ‬ OF ‬ THE ‬ JUDGMENT ‬ DATED ‬ 18/02/2026 ‬ IN ‬ WRIT ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
PETITION (C) NO.24943/2023 ‬
‭

‭CNR : KLHC010252922026‬
‭2026:KER:68733‬
‭W.P(C).11984 of 2026‬
‭30‬
RESPONDENT EXHIBITS ‬
‭
Exhibit R7(a) ‬ TRUE ‬ COPY ‬ OF ‬ ONE ‬ OF ‬ SUCH ‬ CAVEAT ‬ PETITION ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
DATED ‬ 7/10/2025 ‬ FILED ‬ BEFORE ‬ THE ‬ MUNSIFF ‬
‭ ‭ ‭ ‭ ‭ ‭
COURT HARIPAD ‬
‭
Exhibit R7(b) ‬ TRUE ‬ COPY ‬ OF ‬ ONE ‬ OF ‬ SUCH ‬ FACE ‬ BOOK ‬ POST ‬ DATED ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
16/3/2025 ‬
‭
Exhibit R7(c) ‬ TRUE COPY OF THE SURVEY REPORT ‬
‭ ‭
‭ TRUE ‬ ‭ COPY ‬ ‭ OF ‬ ‭ THE ‬ ‭ JUDGMENT ‬ ‭ DATED ‬ ‭ 25-7-2025 ‬ ‭ IN ‬
CONTEMPT OF COURT CASE (C) NO. 388 OF 2025 ‬
‭
Exhibit R7(d) ‬
‭
Exhibit R8(a) ‬
‭
A ‬ TRUE ‬ COPY ‬ OF ‬ THE ‬ RELEVANT ‬ PAGES ‬ OF ‬ THE ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
‭ SETTLEMENT ‬ ‭ REGISTER ‬ ‭ CERTIFIED ‬ ‭ BY ‬ ‭ THE ‬
ARCHAEOLOGICAL DEPARTMENT ‬
‭
Exhibit R8(b) ‬
‭
A ‬ TRUE ‬ COPY ‬ OF ‬ THE ‬ PATTOM ‬ PROCLAMATION ‬ ISSUED ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
BY THE THEN TRAVANCORE STATE DATED 1040 ME ‬
‭
Exhibit R8(c) ‬ TRUE ‬ COPY ‬ OF ‬ THE ‬ BUILDING ‬ CERTIFICATE ‬ DATED ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
6.5.2026 ‬ ISSUED ‬ BY ‬ THE ‬ KARTHIKAPALLY ‬ GRAMA ‬
‭ ‭ ‭ ‭ ‭ ‭
‭ PANCHAYATH ‬
PETITIONER EXHIBITS ‬
‭
Exhibit-P15 ‬ COPY ‬ OF ‬ THE ‬ 'OZHUKUREKHA' ‬ ISSUED ‬ BY ‬ THE ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭ ‭
SUPERINTENDENT ‬ FROM ‬ THE ‬ CENTRAL ‬ ARCHIVES ‬ AS ‬
‭ ‭ ‭ ‭ ‭ ‭
‭ PER ‬ ‭ LETTER ‬ ‭ NO.RM.1-1075/2026/CA ‬ ‭ DATED ‬
27/07/2026 ‬
‭
‭ Exhibit-P16 ‬ ‭ COPY ‬ ‭ OF ‬ ‭ THE ‬ ‭ LETTER ‬ ‭ NO.RM4-1070/2026/CA ‬ ‭ DATED ‬
14/07/2026 ‬ ISSUED ‬ BY ‬ THE ‬ SUPERINTEND, ‬ CENTRAL ‬
‭ ‭ ‭ ‭ ‭ ‭
ARCHIVES, ‬ THIRUVANANTHAPURAM ‬ ALONG ‬ WITH ‬
‭ ‭ ‭ ‭
TRANSLATION IN MALAYALAM ‬
‭
Exhibit-P17 ‬ COPY ‬ OF ‬ THE ‬ APPLICATION ‬ DATED ‬ 14/07/2026 ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭
UNDER RIGHT TO INFORMATION ACT ‬
‭
Exhibit-P18 ‬ COPY ‬ OF ‬ LETTER ‬ NO. ‬ SAD-CAT/8/2026-RM3 ‬ DATED ‬
‭ ‭ ‭ ‭ ‭ ‭ ‭
22/07/2026 ‬ THE ‬ SUPERINTENDENT ‬ OF ‬ CENTRAL ‬
‭ ‭ ‭ ‭ ‭
ARCHIVES DEPARTMENT ‬
‭