Kerala High Court
Sri.P.S.Sreekumar vs State Of Kerala on 30 October, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
DBP No.98 of 2024 :1:
2024:KER:80888
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA,
1946
DBP NO. 98 OF 2024
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - THURAVUR
MAHAKSHETHRAM- MATTER PERTAINING TO NON-COMPLIANCE OF THE
DIRECTIONS ISSUED BY THIS COURT IN THE JUDGMENT DATED
18.11.2021 IN W.P.(C) NO. 23704 OF 2021 AND THE JUDGMENT
DATED 20.10.2022 IN CONT. CASE (C) NO.1947 OF 2022 - SUO MOTU
PROCEEDINGS INITIATED BASED ON A COMPLAINT DATED 07.09.2024
FILED BY ONE P.S.SREEKUMAR - REG:
PETITIONER:
SRI.P.S.SREEKUMAR
S/O. P.N.SREEDHARAN PILLAI, SREEBHAVAN,
PADINJATTUMKARA VADUKUMMURI, KUTHIYATHODE
VILLAGE, THURAVUR, ALAPPUZHA - 688533
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, 695001
2 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM- 695 003
3 ASSISTANT COMMISSIONER
TRAVANCORE DEVASWOM BOARD, VAIKOM,
DBP No.98 of 2024 :2:
2024:KER:80888
KOTTAYAM - 686 141
4 THE ADMINISTRATIVE OFFICER
THURAVUR MAHAKSHETHRAM, THURAVUR P.O.,
CHERTHALA - 688 532
5 THE ASSISTANT ENGINEER
PUBLIC WORKS DEPARTMENT (PWD) ROADS
DIVISION, PATTANAKKAD, PATTANAKKAD P.O.,
CHERTHALA, ALAPPUZHA - 688 533
6 DISTRICT COLLECTOR
CIVIL STATION, ALAPPUZHA - 688 001
7 STATION HOUSE OFFICER
KUTHIYATHODU POLICE STATION, KUTHIYATHODU
P.O., CHERTHALA, ALAPPUZHA - 688 524
8 THURAVUR GRAMA PANCHAYAT
THURAVUR P.O., ALAPPUZHA - 688 532
REPRESENTED BY ITS SECRETARY
9 ADDL R9- KUTHIYATHODU GRAMA PANCHAYAT
KUTHIYATHODU P.O., CHERTHALA, ALAPPUZHA,-
688 524, REPRESENTED BY ITS SECRETARY
*IS SUO MOTU IMPLEADED AS ADDITIONAL
9TH RESPONDENT VIDE ORDER DATED 25/09/2024
IN DBP.NO.98/2024
BY ADV C.G.RAJ KUMAR
SRI. S.RAJMOHAN, SR. GP;
SRI. G. SANTHOSH KUMAR, SC, TDB;
SRI. C.G. RAJKUMAR, SC, THURAVUR GRAMAPANCHAYAT;
SRI. R. RAJPRADEEP, SC,KUTHIYATHODE GRAMA
PANCHAYAT
THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD
ON 30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
DBP No.98 of 2024 :3:
2024:KER:80888
ORDER
Anil K. Narendran, J.
This DBP is registered suo motu, vide proceedings dated 24.09.2024, based on a complaint dated 07.09.2024 made by a devotee of Thuravur Mahakshethram, which is a temple under the management of Travancore Devaswom Board, wherein it is alleged that despite the specific directions contained in the judgment of this Court dated 18.11.2021 in W.P.(C)No.23704 of 2021 and dated 20.10.2022 in Cont. Case (C)No.1947 of 2022, temporary sheds have been put up on either side of Thuravur-Chavady PWD Road in connection with Deepavali festival in Thuravur Mahakshethram. A few photographs of the unauthorised shops are enclosed along with the complaint dated 07.09.2024.
2. On 10.10.2024, when this DBP came up for consideration, the learned Government Pleader, on instructions from the 5th respondent Assistant Engineer, Public Works Department, submitted that due to non-corporation from the side of the 4th respondent Administrative Officer, the boundary of the PWD road could not be fixed.
3. On 23.10.2024, when this DBP came up for consideration at 10.15 a.m., this Court passed the following order; DBP No.98 of 2024 :4:
2024:KER:80888 "Adv.Rajkumar C.G., the learned Standing Counsel for Thuravur Grama Panchayath would submit that the southern side of Thuravur Chavadi PWD Road is within the jurisdiction of Thuravur Grama Panchayath, where there is no unauthorized shops.
2. The learned Standing Counsel for Travancore Devaswom Board, based on the telephonic instructions received from the 4th respondent Administrative Officer, would submit that unauthorised shops are still there on the Devaswom land, on the southern side of Thuravur Chavadi PWD Road, which is laid with interlocked tiles.
3. The learned Standing Counsel has made available for the perusal of this Court a few photographs of those shops.
4. Having considered the submissions made at the Bar, we deem it appropriate to direct the 7th respondent Station House Officer to conduct an inspection of the Devaswom land 23-10-2024 /True Copy/ Assistant Registrar 2 DBP No. No.98 of 2024 on the southern side of Thuravur Chavadi PWD Road, in order to verify whether there is any such unauthorised shops in the Devaswom land, which is laid with interlocked tiles.
List today (23.10.2024) at 2.00 p.m."
4. When the DBP came up for consideration again at 2.00 p.m., this Court passed the following order;
"Pursuant to the order passed by this Court today (23.10.2024) at 10:15 a.m., the learned Senior Government Pleader has made available for the perusal of this Court the report of the 7th respondent Station House Officer, Kuthiyathodu Police Station enclosing therewith a few photographs. The learned Senior Government Pleader DBP No.98 of 2024 :5: 2024:KER:80888 to place on record the said report.
2. Having perused the report of the 7th respondent Station House Officer, Kuthiyathodu Police Station and also the submissions made at the Bar, we deem it appropriate to direct the 7th respondent Station House Officer, Kuthiyathodu Police Station, the Secretary of the 8 th respondent Thuravur Grama Panchayat and also the Secretary of the 9th respondent Kuthiyathodu Grama Panchayat to see that no unauthorised shops are erected on the Devaswom land on either side of Thuravur-Chavady PWD Road in connection with Deepavali festival in Thuravur Mahakshethram.
List on 30.10.2024."
5. Heard arguments of the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board, the learned Standing Counsel for Thuravur Grama Panchayat and the learned Standing Counsel for Kuthiyathodu Grama Panchayat.
6. The learned Standing Counsel for Travancore Devaswom Board has made available for the perusal of this Court a few photographs taken in the morning of unauthorised shops on either side of Thuravur-Chavady PWD Road. The learned Senior Government Pleader, on instructions from the 7th respondent Station House Officer, Kuthiyathodu Police Station, submitted that the police have already removed unauthorised shops on either DBP No.98 of 2024 :6: 2024:KER:80888 side of Thuravur-Chavady PWD Road and crimes have already been registered against those who failed to remove such temporary shops. The Senior Government Pleader has also made available for the perusal of this Court a few photographs taken after removing such unauthorised shops.
Having considered the submissions made at the Bar, we deem it appropriate to dispose of this DBP by directing the Secretary of the 8th respondent Thuravur Grama Panchayat, the Secretary of additional 9th respondent Kuthiyathode Grama Panchayat and the 7th respondent Station House Officer to take necessary steps to ensure strict compliance of the directions contained in the judgment of this Court dated 18.11.2021 in W.P.(C)No.23704 of 2021, in letter and spirit, by ensuring that there is no obstruction, whatsoever, to the movement of devotees on either side of Thuravur-Chavady PWD Road during Deepawali festival in Thuravur Mahakshethram.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE RPR