Kerala High Court
Cochin Devaswom Board vs Union Of India on 24 May, 2022
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 24th day of May 2022 / 3rd Jyaishta, 1944
WP(C) NO. 27754 OF 2019 (T)
PETITIONER:
COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, COCHIN DEVASWOM
BOARD OFFICE, ROUND NORTH, THRISSUR-680 001.
RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF SURFACE
TRANSPORT, NEW DELHI-110 001.
2. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE
(DEVASWOM) , DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
3. THE DISTRICT COLLECTOR, ERNAKULAM, KOCHI-682 030.
4. DEPUTY COLLECTOR(LA) ERNAKULAM, KOCHI-682 030.
5. DISTRICT SURVEY SUPERINTENDENT, ERNAKULAM, KOCHI-682021.
6. THE SPECIAL TAHSILDAR(LA) GENERAL, ERNAKULAM, KOCHI-682 030.
7. TAHSILDAR, KANAYANNUR TALUK, ERNAKULAM, KOCHI-682 011.
8. PROJECT DIRECTOR, NATIONAL HIGHWAY AUTHORITY OF INDIA, PROJECT
OFFICE, VYTTILA, KOCHI-682019.
9. CHERANELLOOR GRAMA PANCHAYATH, CHERANELLOOR P O - 682034, ERNAKULAM
DISTRICT, REPRESENTED BY ITS SECRETARY,.
10. THE TEMPLE ADVISORY COMMITTEE CHERANELLOOR BHAGAWATHY TEMPLE,
CHERANELLOOR P.O, ERNAKULAM, PIN-682034, REPRESENTED BY ITS
SECRETARY.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the 3rd respondent to reconsider Exhibit P14 order
pending disposal of the above writ petition (civil).
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and this court's
order dated 28/02/2022 and upon hearing the arguments of SRI.K.P.SUDHEER
Advocate for the petitioner, ASSISTANT SOLICITOR GENERAL OF INDIA for R1,
GOVERNMENT PLEADER for R2 to R7, SRI.KIRAN HARILAL, Advocate for R8 and of
SRI.T.K.AJITHKUMAR, Advocate for R9, the court passed the following:
Exhibit P7 : TRUE COPY OF ORDER DATED 09.4.2014 IN DBP NO.167/2012
PASSED BY THIS HON'BLE COURT.
Exhibit P9 : TRUE COPY OF JUDGMENT DATED 05.08.2015 IN WRIT
PETITION(CIVIL) NO.8323/2015 PASSED BY THIS HON'BLE COURT.
Exhibit P11 : TRUE COPY OF JUDGMENT DATED 31.10.2018 IN WP(C)
NO.34711/2018 PASSED BY THIS HON'BLE COURT.
Exhibit P14 : TRUE COPY OF ORDER NO.L3-17017/17 DATED 2.8.2019
ISSUED BY THE 3RD RESPONDENT.
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C)No.27754 of 2019
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Dated this the 24th day of May, 2022
ORDER
Anil K. Narendran, J.
Having considered the pleadings and materials on record and also the submissions made by the learned Standing Counsel for Cochin Devaswom Board, the learned Senior Government Pleader and also the learned Standing Counsel for the 9th respondent, we find that Ext.P14 order of the 3 rd respondent District Collector is one in violation of the principles of natural justice and the procedure adopted by the said respondent, while taking such a decision, is contrary to findings/directions contained in Ext.P7 judgment of this Court dated 09.04.2014, which was followed by Ext.P9 judgment dated 05.08.2015 and Ext.P11 judgment dated 31.10.2018.
An adjournment is sought on behalf of the learned Special Government Pleader to get instructions.
List on 31.05.2022. Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
P.G. AJITHKUMAR, JUDGE MIN 24-05-2022 /True Copy/ Assistant Registrar