Kerala High Court
Sree Rama Swamy Kshetra Kshema Samithi vs Superintending Archaeologist on 5 May, 2011
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
&
THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI
MONDAY, THE 8TH DAY OF APRIL 2013/18TH CHAITHRA 1935
WP(C).No. 7876 of 2013 (H)
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PETITIONER(S):
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1. SREE RAMA SWAMY KSHETRA KSHEMA SAMITHI,
A5-5607/01 KKS45, TRIPRYAR P.O., VALAPPAD,
TRISSUR DISTRICT 680 567.
REPRESENTED BY ITS PRESIDENT M.SWARNA LATHA.
2. V.R.PRAKASAN, SECRETARY, SREE RAMA SWAMY KSHETRA SAMITHY,
A5-5607/01 KKS45, TRIPRAYAR P.O.VALAPPAD,
TRISSUR DISTRICT - 680567.
BY ADVS.SMT.P.V.ASHA,
SMT.VINEETHA B.
RESPONDENT(S):
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1. SUPERINTENDING ARCHAEOLOGIST,
ARCHAEOLOGICAL SURVEY OF INDIA,
OFFICE OF THE ARCHAEOLOGICAL SURVEY OF INDIA,
TRISSUR CIRCLE, FF 19(A) KSHB FLATS, PULLAZHY P.O.,
TRISSUR 680012.
2. DIRECTOR GENERAL OF ARCHAEOLOGY ARCHAEOLOGICAL SURVEY
OF INDIA, NEW DELHI-110001.
3. UNION OF INDIA REPRESENTED BY SECRTARY TO GOVERNMENT,
DEPARTMENT OF ARCHAEOLOGY, NEW DELHI-110001.
4. THE COMPETENT AUTHORITY DIRECTORATE OF ARCHAEOLOGY,
GOVT. OF KERALA, SREPADAM PALACE, FORT P.O.
THIRUVANANTHAPURAM - 23.
5. COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY,
DEVASWOM BUILDINGS, ROUND NORTH, TRISSUR.
R1 TO R4 BY ADV. SRI.DINESH R.SHENOY,SC, ARCHAEOLOGICAL SURVEY OF
INDIA.
R5 BY ADV. SRI.KRISHNA MENON, SC, COCHIN DEVASWOM BOARD.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2013, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 7876 of 2013 (H)
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APPENDIX
PETITIONER(S)' EXHIBITS:-
EXT.P-1: TRUE COPY OF LETTER DATED 5.5.2011 OF THE SAMITHY.
EXT.P-2: TRUE COPY OF LETTER DATED 7.2.12 OF PETITIONER.
EXT.P-3: TRUE COPY OF ORDER DATED 14.5.12 OF 5TH RESPONDENT.
EXT.P-4: TRUE COPY OF THE LETTER DATED 8.8.12 OF THANTHRI.
EXT.P-5: TRUE COPY OF REPRESENTATION DATED 15.8.12 OF THE PETITIONER.
EXT.P-6: TRUE COPY OF LETTER DATED 14.1.2013 OF HON'BLE OMBUDSMAN TO SAMITHY.
EXT.P-7: TRUE COPY OF THE APPLICATION DATED 20.8.2011 OF 5TH RESPONDENT.
EXT.P-8: TRUE COPY OF THE LETTER NO.4/13/KTC/2011-M/442 DATED 2.2.2012 OF 1ST
RESPONDENT.
EXT.P-9: TRUE COPY OF THE LETTER NO.701/12/CA/AMASR DATED 30.4.2012 OF THE 4TH
RESPONDENT.
EXT.P9.A: TRUE COPY OF THE LIST OF MONUMENTS AS PUBLISHED IN THE WEBSITE.
EXT.P-10: TRUE COPY OF THE LETTER DATED 6.12.11 AND ALONG WITH APPLICATION
AND SITE PLAN.
EXT.P-11: TRUE COPY OF LETTERS DATED 3.12.2012 ALONG WITH APPLICATIONS AND
SITE PLAN.
RESPONDENT(S)' EXHIBITS:- NIL
//TRUE COPY// P.A. TO JUDGE
T.R.RAMACHANDRAN NAIR &
A.V.RAMAKRISHNA PILLAI, JJ.
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W.P(C) No.7876 of 2013
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Dated this the 8th day of April, 2013
JUDGMENT
Ramachandran Nair, J.
The petitioners herein are the President and Secretary of Sree Rama Swamy Kshetra Samithy. The matter that has been brought to our notice is with regard to the necessary constructions required to be done in the Temple premises, for protecting the interest of the devotees.
2. We heard the learned counsel for the petitioners, the learned Standing Counsel appearing for respondents 1 to 4 and the learned Standing Counsel for the Cochin Devaswom Board.
3. The requirements of the petitioners are the following:-
(a)Sought by Ext.P7 application namely, to cover the sopanam of Sastha Temple, with bronze.
(b)Ext.P10 to have a Nada Panthal inside the temple on the western side, and
(c)Ext.P11 for extending the Nadapanthal on the outside of the temple.
4. The learned Standing Counsel for respondents 1 to 4 submitted that various formalities have to be completed before taking a decision. The learned counsel for the petitioners submitted that these works can be WPC.7876/13 2 directed to be sanctioned expeditiously in the light of the judgments of this Court in R.P.No.608 of 2010 and W.P(C) No.10689 of 2010. In that view of the matter, appropriate decision will be taken by the Competent Authority among respondents 1 to 4 on Exts.P9, P10 and P11 applications, within a period of two months from the date of receipt of a copy of this judgment.
5. If any short comings are there in the applications, the petitioners and the concerned officer of the Devaswom Board will cure the same, in the meanwhile.
Writ Petition is disposed of accordingly.
sd/-
T.R.RAMACHANDRAN NAIR JUDGE sd/-
A.V.RAMAKRISHNA PILLAI
JUDGE
krj
//TRUE COPY// P.A. TO JUDGE