Kerala High Court
K.B.Sumodh vs The State Of Kerala on 10 January, 2020
Equivalent citations: AIRONLINE 2020 KER 154
Bench: C.T.Ravikumar, N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 10TH DAY OF JANUARY 2020 / 20TH POUSHA, 1941
WP(C).No.33168 OF 2019(U)
PETITIONER:
K.B.SUMODH
AGED 50 YEARS
S/O. LATE K.V BALAN, 'GEETHANJALI',
GOPURAM HOUSE LANE,
KOTTAPURAM, THRISSUR-680 004
BY ADV. SRI.K.R.SUNIL
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001
2 THE SECRETARY DEVASWOM DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
3 THE COCHIN DEVASWOM BOARD,
SIVASAKTHI BUILDING, THRISSUR,PIN-680 001,
REPRESENTED BY ITS SECRETARY
4 THE COMMISSIONER,
COCHIN DEVASWOM BOARD,SIVASAKTHI BUILDING,
THRISSUR,PIN-680 001
5 THE DISTRICT COLLECTOR,
THRISSUR DISTRICT ,PIN-680 003
6 THE THRISSUR MUNICIPAL CORPORATION,
THRISSUR,REPRESENTED BY ITS SECRETARY, PIN-680001
7 THE PARAMEKKAVU DEVASWOM,
WP(C).No.33168 OF 2019(U)
2
GEETHANJALY, PARAMEKKAVU DEVASWOM BUILDING,
ROUND EAST ,THRISSUR-680 001,
REPRESENTED BY ITS SECRETARY
8 THE SUPERINTENDENT OF POLICE,
THRISSUR,PIN-680 022
9 THE ASSISTANT COMMISSIONER OF POLICE,
THRISSUR,PIN-680 001
10 THE ARCHEOLOGICAL SURVEY OF INDIA,
THRISSUR CIRCLE,THRISSUR,PIN-680 012
REPRESENTED BY ITS
SUPERINTENDING ARCHEEOLOGICALIST
ADDL.R11 RANJITH.C.B.
S/O. BHASKARAN, AGED 44,
CHOMIKULANGARA HOUSE,
AYYANTHOLE P.O.,
PUTHOORKARA, THRISSUR
(ADDL.R11 IS IMPLEADED AS PER ORDER DATED
13.12.2019 IN IA NO.2/19)
ADD.R12 MADHU V.B.
S/O. BHASKARAN, AGED 36,
VALIYAPURAKKAL HOUSE,
EAST FORT P.O.,
NALLIKKUNNU, KURA,
SOUHARDHA NAGAR, THRISSUR-680005
(ADDL.R12 IS IMPLEADED AS PER ORDER DATED
13.12.2019 IN IA NO.1/19)
R3 BY SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
R6 BY SRI. SANTHOSH P.PODUVAL, SC, THRISSUR
CORPORATION
R7 BY ADVS. SRI.P.VISWANATHAN (SR.)
SRI.AJITH VISWANATHAN
R10 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
R11 BY ADV. J.S.AJITHKUMAR
SR.G.P. T.K. ANANDAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.33168 OF 2019(U)
3
JUDGMENT
Dated this the 10th day of January 2020 The petitioner, a devotee of Sree Thrisivaperur Vadakkumnatha Temple is aggrieved by the permission granted to the 6th respondent to conduct shopping festival at 'Vadakkumnatha Kshethra Maidanam' and he seeks for issuance of a writ of mandamus commanding the Cochin Devaswom Board- the third respondent to cancel/withdraw any permission granted to the Thrissur Municipal Corporation for the conduct of Shopping Festival as 'Happy Days' from 15.12.2019 to 15.01.2020 inside the premises of 'Vadakkumnatha Kshethra Maidanam'.
2. A counter affidavit has been filed by the third respondent . It is only appropriate to extract paragraph 4 therein and it reads thus:-
"It is submitted that on 22/02/1990, a Division Bench of this Honourable Court interdicted the board to deal in any manner with Thekkinkadu Maidan and appurtenant WP(C).No.33168 OF 2019(U) 4 properties by way of grant of license or lease or in any other manner. Subsequently Exhibit P2 order dated 16/03/1990 was passed by this Honourable Court. Thereafter, the board filed DBA No.143/2002 before this Honourable Court seeking permission to use Thekkinkadu Maidan by way of temporary license, lease etc. The above DBA was disposed of along with O.P.No.35748/2002 on 22/01/2003. In the order dated 22nd January 2003, this Honourable Court considered the question of use to which Thekkinkadu Maidan can be put to and directed the board to inform this Honourable Court the uses for which the Thekkinkadu Maidan is put to. Pursuant to the aforesaid order, a statement dated 21/03/2003 was filed by the board. Thereafter the applications filed in the above DBA were finally disposed of by this Honourable Court along with O.P.No.8521/2003 by Exhibit P1 judgment dated 28/03/2003. The allegation that this Honourable Court while considering a similar issue in DBP No.78/2013 passed an order is factually incorrect. While so, one Narayanankutty submitted complaint No.86/2010 before the Honourable ombudsman for Travancore and Cochin Devaswom boards. The Honourable ombudsman submitted report No.125/2010 before this Honourable Court and DBP No.48/2010 arises out of that report. This Honourable Court passed order dated 11th April 2011 in DBP No.48/2010. In this regard true copy of order dated 11 th April 2011 in DBP No.48/2010 is produced here with and marked as Exhibit R3(a). As directed by this Honourable Court in Ext.R3(a) order, the parties to the proceedings WP(C).No.33168 OF 2019(U) 5 submitted their versions. Thereafter Exhibit P4 interim order dated 8th June 2011 was passed by this Honourable Court. Finally by order dated 08/07/2013, this Honourable Court disposed of DBP No.48/2010. In this regard true copy of order dated 08/07/2013 is produced here with and marked as Exhibit R3(b). Subsequently, the board received several request by different agencies and organisations seeking permission to get the Thekkinkadu Maidan for other purposes which are not mentioned in Exhibit P1 judgment. Based on the said request, the board approached this Honourable Court seeking permission to let out Thekkinkadu Maidan for other purposes which were not approved in exhibit P1 judgment. By Exhibit P3 order dated 30/09/2013, this Honourable Court disposed of DBP No.78/2013."
3. It is also stated in the counter affidavit by the third respondent that the allegation in the writ petition that the 6 th respondent decided to conduct a Shopping Festival from 15.12.2019 to 15.01.2020 with the consent and concurrence of the Board in 'Vadakkumnatha Kshethra Maidanam' as 'Happy Days' is absolutely incorrect. Furthermore, it is stated therein that the Board had not granted any consent as alleged. That apart, it is stated that the General Convener of the Shopping Festival submitted Ext..R3(c) seeking permission to use the WP(C).No.33168 OF 2019(U) 6 'Vadakkumnatha Kshethra Maidanam' for the inaugural function of the Shopping Festival. It is also stated that since the writ petition is pending before this Court the third respondent has not taken any decision on Ext.R3(c). Subsequently, this Court passed an interim order on 13.12.2019. A perusal of the interim order dated 13.12.2019 would reveal that this Court only made an observation that the Board would be free to consider the said application received by the Corporation. The fact is that subsequently, permission was granted to conduct the inaugural function of the Shopping Festival on 14.12.2019 in 'Vadakkumnatha Kshethra Maidanam'. The writ petitioner as also respondents 7 and 12 would submit that after the conclusion of the inaugural function a dance programme was also staged followed by an orchestra. The learned counsel appearing for the third respondent would submit that permission was granted to conduct only the inaugural function in tune with the application in Ext.R3(c).
4. The 6th respondent subsequently filed an application before the third respondent seeking permission to conduct WP(C).No.33168 OF 2019(U) 7 closing ceremony of the 'Night Shopping Festival' in the place in question. Ext.R6(b) is the application submitted therefor. It is stated therein thus:-
" തശർ മനസപൽക ർപക ഷന യ തശർ ക ബർ ഓഫക ക ഴന യ സ യക ആഭമഖതൽ 2019 ഡസ ബർ 15 മതൽ ഒര സകല ന'ണ നൽകനനനറ കഷ പ ഗ നഫസവൽനഗരതന വവധ ഭ ഗങളൽനടന വര യ ണ. നനറ കഷ പ ഗ നഫസവലന സ പന നപ തകയ ഗ നടതനതന നനഹ ണപതന മൻ വശതളഗAണ11.01.2020 മതൽ 14.01.2020 കടയ ദവസങളൽ ട ഗAണൽ റ പരപ ട ൾനകന അന ത നൽ യടല എന ണ നസല കൻ സധകനത. ആയതന ൽ എതയ കവഗ അന ത നൽ ണന നത ൽപരനപടന."
Thus, a perusal of Ext.R6(b) would reveal that though what is proposed to be conducted in the place in question and for which permission was sought for, is the valedictory function. The affidavit filed by the 6th respondent along with Ext.R6(b) was produced, more particularly paragraph 5 therein would reveal that the permission sought for is not solely for the purpose of conducting the valedictory function. This is obvious from the following recital in paragraph 5:
"5. The cultural programs which are proposed to be conducted in connection with the closing ceremony is as follows:-
WP(C).No.33168 OF 2019(U) 8 January, 11,2020: Dance by Kerala Kalamandalam Team January, 12, 2020 : Dance and Orchestra by Sandeepani Vidyanikethan School January, 13, 2020: Nadanpattu and Semi Classical dance January, 14, 2020: Closing ceremony and Orchestra."
It is also stated therein that in addition to the same classical dance performance by a film artist is also planned, but not yet confirmed. The learned standing counsel appearing for the third respondent would submit that in view of the pendency of the writ petition despite the receipt of Ext.R6(b) no decision was taken thereon. The learned counsel appearing for the petitioner would submit that as part of the 'Night Shopping Festival' certain programmes were staged in various parts of Thrissur and though such programmes were conducted as cultural programmes some of such programmes staged as part were items which could not be regarded as cultural programmes as they were not suitable to the very culture of this State, to be performed in public. Videographs of such WP(C).No.33168 OF 2019(U) 9 allegedly objectionable programmes in a Compact Disk has been produced before this Court as Ext.P12. The photographs evidencing such performances are produced as Ext.P13.
Though the learned counsel for the petitioner insist this Court to play the video to ascertain the verity of the contentions of the writ petitioner we do not think it necessary to do so, in view of the order which we propose to pass in this writ petition. At the same time, we are taking this opportunity to sound a caution to the third and sixth respondents that it is their responsibility to avert any situation of performance of programmes not suitable to the culture of this State. However, that shall not be a reason for non-consideration of Ext.R6(b) application by the 6th respondent. While considering that application obviously no permission can be granted to conduct any programme which is not at all permissible in terms of Ext.P1 judgment. That apart, even in case permission is granted by the 3rd respondent to perform any cultural programme in connection with the valedictory functions of the 'Night Shopping Festival' such functions can be permitted to WP(C).No.33168 OF 2019(U) 10 be performed only in the three places specifically mentioned in Ext.P1, more particularly Clause 12 in paragraph 4 of, Ext.P1.
Taking note of the contentions raised by the learned counsel appearing for the petitioner, fully endorsed by the learned senior counsel appearing for the 7th respondent and the learned counsel for the 12th respondent, that as part of the 'Night Shopping Festival' certain indecent performances were staged, we are of the view that even if the third respondent is granting permission to the 6th respondent to conduct any cultural programmes as part of the valedictory functions the third and sixth respondents should ensure that no indecent performances or other programmes which would be against the sentiments of Hindus and also the culture of the State shall be permitted to be staged in those places. To ensure that the third respondent should depute a competent officer who on conclusion of the entire programmes in connection with the festival shall file a report before this Court, within ten days from the conclusion, as to whether any such objectionable items were performed as part of such WP(C).No.33168 OF 2019(U) 11 programmes. Such a report shall also contain the explanation called upon by this Court as per the interim order dated 13.12.2019. Taking note of the observations made hereinbefore and in tune with Ext.P1 judgment the Board will be free to consider Ext.R6(b) application submitted by the sixth respondent.
This writ petition is disposed of as above.
C.T.RAVIKUMAR
JUDGE
N.NAGARESH
dlk/10.01.2020 JUDGE
WP(C).No.33168 OF 2019(U)
12
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE JUDGMENT IN
O.P.NO.8521/2003
EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED
16.03.1990
EXHIBIT P3 THE TRUE COPY OF THE ORDER DATED
30.09.2013 IN DBP NO.78/2013
EXHIBIT P4 THE TRUE COPY OF THE ORDER DATED
8.6.2011 IN DBP NO.48 OF 2010
EXHIBIT P5 THE TRUE COPY OF THE STATEMENT OF THE
10TH RESPONDENT DATED 25.06.2019
EXHIBIT P6 THE TRUE COPY OF THE RESOLUTION
UNANIMOUSLY PASSED ON 27.11.2019 BY
THE ADMINISTRATIVE COMMITTEE OF THE
PARAMEKKAVU DEVASWOM
EXHIBIT P7 A NEWS ITEM CAME IN KERALA KAUMUDI
DAILY DATED 29.11.2019 REGARDING THE HAPPY DAYS, NIGHT SHOPPING FESTIVAL AND THE DETAILS OF UNANIMOUS RESOLUTION PASSED BY THE ADMINISTRATIVE COMMITTEE OF PARAMEKKAVU DEVASWOM EXHIBIT P8 THE TRUE COPIES OF THE PHOTOGRAPHS SHOWING THE CONSTRUCTION OF SHOPPING FESTIVAL SHEDS AT THE MAIDAN EXHIBIT P9 THE TRUE COPIES OF PHOTOGRAPHS EVIDENCING THE FOUR WHEELER EXHIBITION AND ANOTHER PROGRAMME OF KERALA BANK INAUGURATION EXHIBIT P10 TRUE COPY OF THE BROACHER EXHIBIT P11 THE TRUE COPY OF THE RELEVANT PAGE OF THE MALAYALA MANORAMA DAILY DATED 13.12.2019.
EXHIBIT P12 TRUE COPY OF VIDEO GRAPHS WRITED IN COMPACT DISC WP(C).No.33168 OF 2019(U) 13 EXHIBIT P13 TRUE COPY OF PHOTOGRAPHS EVIDENCY THE PERFORMANCE OF DANCE AND GANAMELA RESPONDENT'S/S EXHIBITS:
EXHIBIT-R3(a) TRUE COPY OF THE ORDER DATED 11TH APRIL 2011 IN DBP NO.48/2010 PASSED BY THIS HONBLE COURT.
EXHIBIT-R3(b) TRUE COPY OF THE ORDER DATE D08.07.2013 IN DBP NO.48/2010 PASSED BY THIS HONBLE COURT.
EXHIBIT-R3(c) TRUE COPY OF REQUEST DATED 07.12.2019 SUBMITTEDBY THE GENERAL CONVENER, THRISSUR EXHIBIT R3(d) TRUE COPY OF APPLICATION DATED 01.01.2020 SUBMITTED BY MAYOR OF THE 6TH RESPONDENT BEFORE THE3RD RESPONDENT.
EXHIBIT R6(a) TRUE COPY OF REPRESENTATION SUBMITTED BY THE MAYOR OF THRISSUR CORPORATION BEFORE COCHIN DEVASWOM BOARD DATED 9/1/2020 SEEKING PERMISSION TO USE GROUND IN FRONT OF NEHRU MANDAPAM FOR CULTURAL PROGRAMS.
EXHIBIT R6(b) TRUE COPY OF REPRESENTATION SUBMITTED BY THE MAYOR OF THRISSUR CORPORATION BEFORE COCHIN DEVASWOM BOARD DATED 9/1/2020 SEEKING PERMISSION FOR USING VIDHYARTHI CORNER GROUND FOR CONDUCTING CULTURAL PROGRAMS.
EXHIBIT R6(c) TRUE COPY OF REPRESENTATION SUBMITTED BY THE MAYOR OF THRISSUR CORPORATION BEFORE COCHIN DEVSWOM BOARD DATED 9/1/2020 SEEKING PERMISSION TO USE GROUND IN FRONT OF NEHRU MANDAPAM FOR CULTURAL PROGRAMS.