: Madras High Court Bench today stayed the Tirunelveli District Revenue Officer's order directing to take possession of "Travancore House and Diwan's Bungalow" in 56.68 acres in Coutralam village in the district.
Admitting a petition by V S Venkatraman, Power holder of Travancore King Padmanabha Dasa Uthradom Tirunal Marthanda Varma, Justice N Kirubakaran stayed the order of the DRO.
The Petitioner submitted the property was the king's private one purchased in 1882 for Rs 18,000 and all the revenue registers specifically mentioned his name.
The Tenkasi Tahsildhar has issued a Patta in the king's name in 1973. Subsequently one Damodara Pandian, the caretaker of the house fraudulently obtained it. However the main register mentioned the Maharaja as the owner.
Meanwhile in 2007,Kerala Government obtained the Patta in its favour without any manner of right or title over the property. Venkatraman then submitted a petition to Tamil Nadu Revenue Minister, who forwarded it to Tirunelveli district Collector. But the latter failed to retransfer it, he said.
The Tamil Nadu government, under the provisions of the reorganization of state Act 1956, declared the property as belonging to it and the DRO was directed to take appropriate acion for taking possession.
The petitioner contended that the Act did not stipulate transfer of private property from princely states to Union of India or member states. The DRO had no right to change the title without the real owner's consent, he said.
He said the maharaja's property was private.He had donated 20 acres adjoining the house to a college run by Tamil Nadu government and also 12 acres to a cooperative society school.
Venkatraman said after Pudukottai was merged with indian territory, the Pudukottai palace was purchased for Rs 27 lakh by Tamil Nadu government to house the collectorate. Similarly the king of Sivaganga had ancestral properties, as also the jaipur royal family.
The Kerala government did not have any document to prove either sale or lease of gift of the properties.The encumbrance certificate for 128 years clearly mentioned it belonged to the maharaja, he said and sought a stay on the DRO's order.
He also prayed to quash the DRO's order and restore the right to the king.
