Kerala High Court
Chottanikkara Kshetra Upadesaka ... vs State Of Kerala on 2 July, 2014
Bench: T.R.Ramachandran Nair, P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 24TH DAY OF NOVEMBER 2014/3RD AGRAHAYANA, 1936
WP(C).No. 17633 of 2014 (D)
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PETITIONER:
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CHOTTANIKKARA KSHETRA UPADESAKA SAMITHY
REPRESENTED BY ITS SECRETARY, CHOTTANIKARA P.O
ERNAKULAM DISTRICT PIN 682 312
BY ADV. SRI.P.SREEKUMAR
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY HOME DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
2. COCHIN DEVASWOM BOARD,
REPRESENTED BY ITS SECRETARY
COCHIN DEVASWOM BOARD OFFICE, TRICHUR
3. THE SUB INSPECTOR OF POLICE
CHOTTANIKKARA POLICE STATION
ERNAKULAM DISTRICT 682 312
4. CHOTTANIKKARA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY
CHOTTANIKKARA P.O 682 312
R4 BY ADV. SRI.P.PRIJITH
R4 BY ADV. SRI.S.SREEKUMAR (SR.)
R3 BY ADV. GOVERNMENT PLEADER
SRI.KRISHNA MENON, SC, COCHIN DEVASWOM BOARD
SRI.KRISHNAKUMAR MANGOT, AC FOR OMBUDSMAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17633 of 2014 (D)
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APPENDIX
PETITIONER'S EXHIBITS
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EXT.P1 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT
SITUATION OF THE BUILDING AND the PARKING AREA OF THE TEMPLE
EXT.P2 TRUE COPY OF THE PHOTOGRAPH SHOWING THE DUMPING OF TWO
WHEELERS IN THE TEMPLE PROPERTY
EXT.P3 TRUE COPY OF THE PHOTOGRAPHS OF THE BUILDINGS OWNED BY
THE FOURTH RESPONDENT
EXT.P4 TRUE COPY OF THE PETITION DATED 2.7.2014 SUBMITTED BY the
PETITIONERS TO THE HON'BLE OMBUDSMAN.
/TRUE COPY/
PA TO JUDGE
T.R.RAMACHANDRAN NAIR &
P.V.ASHA, JJ.
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W.P.(C)No.17633 OF 2014
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Dated this the 24th day of November, 2014
JUDGMENT
Ramachandran Nair, J.
Petitioner herein is the Chottanikkara Kshetra Upadesaka Samithy. In the writ petition they have sought for various reliefs. Mainly it is a case where it was contended that the temple property is being used for parking seized vehicles by police department and a direction is sought to the fourth respondent Grama Panchayath to take steps in the matter. Apart from the same, one of the complaints is regarding the plan to accommodate the Judicial Magistrate's Court in a building very near to the temple.
2. We heard the learned counsel for the petitioner Sri.P.Sreekumar, the learned Senior Counsel for the Panchayath Sri.S.Sreekumar, the learned Standing Counsel for the Cochin Devaswom Board Sri.V.Krishna Menon, the learned Senior Government Pleader Sri.A.Renjith and Sri.Krishna Kumar Mangot for W.P(c) No.17633 of 2014-D 2 the learned Ombudsman.
3. This Court had referred the matter for a report by the learned Ombudsman as well as the Registrar (Subordinate Judiciary) with regard to the proposal to have a Special Magistrate Court very near to the premises of the temple and reports have been submitted. The matter was considered in detail after hearing both sides and we passed interim orders on 31/07/2014 and later on 11.8.2014. In the second order, we recorded the submission of the learned Government Pleader that parking of police vehicles in the Devaswom parking area will be shifted. The learned Senior counsel for the Panchayath had submitted that the Panchayath can permit the vehicles of the Police Department and the vehicles coming to the Police Station to be parked in the parking area of the Panchayath and this Court directed the third respondent to finalise the arrangements with regard to the parking of the vehicles of the police Departments and also the vehicles coming to the police station in the area ear-marked by the Panchayath
4. The Temporary Magistrate's Court started functioning in September. The matter was heard by this Court on 22.09.2014. In the W.P(c) No.17633 of 2014-D 3 light of the submission made by the learned counsel for the petitioner that certain vehicles are still being parked in the premises of the Judicial First Class Magistrate's Court, this Court called for a report from the Sub Inspector of Police and a report has been submitted along with a memo by the learned Government Pleader on 29.09.2014. The report specifies about the vehicles exhibited in the photographs. Going by the report, the vehicles referred in the photograph had never been under the custody of the Police. Certain other details have also been furnished.
As of now, no parking of other vehicles is being done in the premises of the temple and we direct the Panchayath also to see that proper sign boards are placed in the premises of the Judicial First Class Magistrate's Court showing the specified parking ground to be used for people coming to the said court in vehicles. It is open to the Devaswom Board also to exhibit necessary sign boards in that locality. We make it clear that parking of vehicles by the persons other than devotees alone be diverted and the vehicles of the devotees coming to the temple can be parked in the premises of the temple and the W.P(c) No.17633 of 2014-D 4 Devaswom parking ground and in terms of the instruction of the authorities of the Devaswom.
The writ petition is accordingly disposed of.
T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv.