The property having an extent of 68 Cents situated in Sy.No.398 of Ollukkara Village which is clearly recorded as Olluthrikkayil Devaswom property in the Settlement Register as well as the BTR has been encroached upon and out of which 50 cents have now been mutated in the name of a private party

W.P.(C)27115/2020 – PENDING
BENCH : SINGLE
CORAM : JUSTICE RAJA VIJAYARAGHAVAN
COURT : THE HIGH COURT OF KERALA

On an enquiry it was found that an applications has been submitted by the private parties before the Land Tribunal making the Ollur Devaswom as the opposite party, and obtained Purchase Certificate. though the property is clearly stated as Devaswom Property, the Land Tribunal namely the Special Tahsildaar in LR No.8, , Thrissur has passed an order under the Kerala Land Reforms Act holding that the applicant is entitled to get the Certificate of Purchase on deposit of purchase price of Rs.49.82/-. This order was made as early as on 30.09.1975. It is pertinent to note here that the revenue authorities have never pointed out that the property of the Devaswom has been exempted u/s.3 (10) of the Kerala Land Reforms Act and no Purchase Certificate can be issued as against such a property as it is the property of the deity. The case was filed seeking relief of direction to protect the land of the minor deity Sree Cherukulangara Bhagavthi of Olluthrikkayil Devaswom having an extent of 68 Cents in Sy No.398 of Ollukkara Village and maintain the same by evicting all encroachers and take such appropriate steps to secure the above said property by protecting it from encroachers and to take adequate step to ensure that above said property having extent of 68 Cents in Sy No.398 of Ollukkara Village is exclusively being used for temple purposes alone.