DBP NO. 15 OF 2025 1 2025:KER:27247 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 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 DBP NO. 15 OF 2025 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD-REPORT NO.8/2025 BY THE OMBUDSMAN IN COMPLAINT NO.8/2024-LAND BELONGING TO ELLANGATHUKAVU BHAGAVATHI TEMPLE, KOLLAM-SUO MOTU PROCEEDINGS INITIATED-REG PETITIONER: G.SELVARAJ SECRETARY, THATHWAMASI KSHETRA SAMRAKSHANA SAMSKARIKA SAMITHI, RAMYA, KANNIMMEL, KAVANAD P.O, KOLLAM. RESPONDENTS: 1 THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR P.O, THIRUVANANTHAPURAM 695003. 2 THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR P.O, THIRUVANANTHAPURAM 695003. OTHER PRESENT: SRI. S. RAJMOHAN, SR. GOVERNMENT PLEADER SRI. G. SANTHOSH KUMAR, SC, TDB SRI. P. RAMACHANDRAN, AMICUS CURIAE FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DBP NO. 15 OF 2025 2 2025:KER:27247 O R D E R Anil K. Narendran, J. This DBP is one registered based on Report No.8 of 2025 of the learned Ombudsman in Complaint No.8 of 2024 made by the complainant. The report of the learned Ombudsman reads thus: “This complaint is filed by one G. Selvaraj, Secretary of Thathwamasi Kshethra Samrakshana Samskarika Samithi. It was alleged in the complaint that Elangathukavu Bhagavathi temple, Kollam had huge extent of land, namely, 24.85 Ares in R.S. No 68.272 (old survey number 4503). This temple was transferred by the then Travancore Royal family, as per Schedule I of the proclamation dated 12.04.1922. During 2011 this property was measured by the Special Tahsildar (Land Protection) of the Devaswom and found that an extent of 5.10 Ares of land in re-survey number 271 (road), 16.90 Ares of land in re-survey number 272 (temple) and 7.95 Ares of land in re-survey number 68 (temple) and all the three extents of land were originally comprised in old survey number 4503 and the Special Tahsildar had put boundary stones for these lands after measurement. 2. When the Travancore Devaswom Board wanted to construct a building for their office purpose in 7.95 Ares of land in re-survey 68, District Collector, Kollam as per letter DCKLM/12363/2019-L2 dated 07.01.2020 informed that this land is revenue puramboke and not Devaswom land. This letter was issued to the President of the Temple DBP NO. 15 OF 2025 3 2025:KER:27247 Advisory Committee and also to the Devaswom officials. Then the Temple Advisory Committee had requested the Board to file appeal against the action of the District Collector in order to protect the land and an appeal was filed before the Land Revenue Commissioner and the Land Revenue Commissioner dismissed the appeal, as per order No LRK3-5255/2020/KDIS dated 08.11.2020 stating that this is only an information given by the District Collector and an appeal will lie only against orders of the District Collector and directed him to file a complaint before the Devaswom Special Tahsildar for this purpose. Accordingly, an application was filed before the then Special Tahsildar, Devaswom Land Protection on 15.12.2021 as A2286/201911 dated 13.11.2020 and he had informed the Devaswom Commissioner that an appeal will have to be filed and the right of the Devaswom will have to be protected. But so far no steps have been taken by them. That prompted the complainant to approach this office for redressel of the grievances and for protection of the land. Copy of the complaint is produced as Annexure O1. 3. The Deputy Devaswom Commissioner (P&SGRC) has filed report dated 04.04.2024 stating that the required documents were not received for the purpose of filing writ petition before the Honourable High Court as directed by the Devaswom Board Law Officer. Copy of the report dated 04.04.2024 is produced as Annexure O2. 4. The Deputy Devaswom Commissioner(P&SGRC) filed another report dated 27.06 2024 stating that they are taking steps to collect the documents and entrusted the DBP NO. 15 OF 2025 4 2025:KER:27247 Liaison Officer to take appropriate steps. Copy of the said report is produced as Annexure O3. 5. It is seen from the proceedings of the Ombudsman dated 27.06.2024 that the Liaison Officer has informed that no such documents have been received. Copy of the proceedings of the Ombudsman dated 27.06.2024 is produced as Annexure O4. 6. The matter was posted today for ascertaining the position as to whether any writ petition was filed against the order of the District Collector. The Liaison Officer who is present today produced copy of the writ petition filed in this regard. It is seen from the writ petition that it was numbered as WP (C) No 2666 of 2025 and it is pending for admission. 7. In view of the fact that writ petition, W.P (C) No.2666 of 2025 has already been filed in this regard, Ombudsman is of the view that this complaint also will have to be considered along with the writ petition. So, this report is filed before the Honourable High Court for consideration of the allegations in the complaint along with W.P(C)No.2666 of 2025 pending before this Honourable Court.” 2. On the very same issue, the Travancore Devaswom Board filed W.P.(C)No.2666 of 2025 on 21.01.2025. By the order dated 10.03.2025, that writ petition was amended and the Board has filed the amended writ petition on 15.03.2025. 3. Today, when W.P.(C)No.2666 of 2025 came up for consideration, this Court issued notice on admission to the DBP NO. 15 OF 2025 5 2025:KER:27247 additional respondents, who are the beneficiaries of the road in question constructed through the Devaswom land of Ellangathukavu Bhagavathi Temple, Kollam, and posted the matter for consideration on 30.05.2025. Taking note of the pendency of the aforesaid writ petition, which is one filed by the Travancore Devaswom Board to protect the Devaswom land of Ellangathukavu Bhagavathi Temple, Kollam, this DBP is closed. Sd/- ANIL K. NARENDRAN, JUDGE Sd/- MURALEE KRISHNA S., JUDGE DSV/-