IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30863 of 2008(Y)
1. THE TRAVANCORE DEVASWOM BOARD,
... Petitioner
2. ASSISTANT DEVASWOM COMMISSIONER,
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. DISTRICT COLLECTOR, ERNAKULAM.
3. TAHASILDAR, MOOVATTUPUZHA, ERNAKULAM
4. KOOTHATTUKULAM CO-OPERATIVE HOSPITAL
For Petitioner :SRI.K.N.VENUGOPALA PANICKER, SC, TDB
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :20/10/2008
O R D E R
P.R.Raman &
T.R. Ramachandran Nair, JJ.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C).No.30863/2008-Y
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 20th day of October, 2008.
J U D G M E N T
Raman, J.
The petitioners, the Travancore Devaswom Board and another, claim
that the property of 71 cents in Survey No.93/15B of Koothattukulam
Village in Moovattupuzha Taluk belongs to them and they have produced
Exts.P1 and P2 as primary documents of title and possession, and according
to them this property has been treated as Puramboke land since 1983 and
the land was given on lease to a Co-operative Society and whereupon a
building is constructed and a hospital is run in the property. Thus,
admittedly, the Co-operative Hospital is functioning in the building
belonging to the Co-operative Society. According to the petitioner, there is
a move for renewal of the lease in favour of the Society. He prays that the
Government be restrained by an order not to renew the lease.
2. Heard the learned Standing Counsel for the Travancore
Devaswom Board as also the learned Government Pleader. In the facts and
W.P.(C).No.30863/2008
-:2:-
circumstances of this case, it can be seen that the dispute is purely a civil in
nature and, necessarily, the question is as to whether the property made
mention of in the writ petition belongs to the Devaswom or Government has
to be decided. Thus, there is title dispute which has to be resolved by the
ordinary remedy of the Civil suit and all such questions can be decided only
after taking evidence. However, we make it clear that the renewal of the
lease, if any, granted by the Government in favour of the Co-operative
Hospital will not in any way take away or adversely effect the right, if any,
of the petitioner. The petitioner may proceed to take re-course to the Civil
Court for recovery of title and recovery of possession. With the above
observation, this writ petition is disposed of.
(P.R. Raman, Judge.)
(T.R. Ramachandran Nair, Judge.)
ms