P.Unnikrishnan vs District Collector on 10 April, 2025

[Cites 3, Cited by 0]

Kerala High Court

P.Unnikrishnan vs District Collector on 10 April, 2025

The petitioner, who is residing near Thekkenada (Northern Gopuram) of Sree Koodalmanikyam Temple, Irinjalakuda, which is under the management of the 3rd respondent Sree Koodalmanikyam Devaswom Managing Committee, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to ensure that no encroachment or erection of pavilions is made in the public road covered by Ext.P3 order dated 05.12.2018 of the 2nd respondent Revenue Divisional Officer (Sub Divisional Magistrate), Irinjalakuda, situated in the southern side of Kizhakkenada (Eastern Gopuram), at any point of time, including the annual festival of Sree Koodalmanikyam Temple; a writ of mandamus commanding the 1st respondent District Collector, Thrissur, to consider and pass orders on Ext.P7 representation dated 04.03.2024 made by the petitioner and others, after affording an opportunity of being heard, within a time limit to be fixed this Court.

2. Going by the averments in the writ petition, there is a public road starting from Kuttankulam Road, which passes through W.P.(C)NO.10969 OF 2025 4 2025:KER:31310 the southern side of Kizhakkenada of Sree Koodalmanikyam Temple. The said road, which is vested in the 4th respondent Irinjalakuda Municipality, proceeds towards Unnayiwarrier Smaraka Kalanilayam and Thekkenada of the temple. Abutting the said road, there are a large number of buildings, including residential buildings. Apart from the residents of those buildings, persons residing near Thekkenada, like the petitioner, are also using the said road for the purpose of taking vehicles to their residential buildings. When there was an attempt by Koodalmanikyam Devaswom to block the entrance to the said road, by erecting concrete posts, the 2nd respondent Revenue Divisional Officer issued Ext.P3 order dated 05.12.2018. In the writ petition, it is alleged that, in connection with the annual festival of Sree Koodalmanikyam Temple, held during the Malayalam month of Medam, the 3rd respondent Devaswom Managing Committee used to erect sheds for accommodating police aid post, municipality counter, etc. There is sufficient space on the northern side of the said road, in front of Kizhakkenada for putting up such stalls. According to the petitioner, the putting up of such stalls on the southern side of the said road is adversely affecting the ingress and egress to the petitioner's residential building, which is also W.P.(C)NO.10969 OF 2025 5 2025:KER:31310 causing obstruction to the devotees. In such circumstances, the petitioner along with others submitted Ext.P7 representation dated 04.03.2024 before the 1st respondent District Collector. However, no action has been taken by the 1st respondent on the said representation and the annual festival for the year 1200ME (2025) is scheduled to commence on 08.05.2025.

3. On 27.03.2025, when this writ petition came up for admission, the learned Standing Counsel for Koodalmanikyam Devaswom Managing Committee and also the learned Standing Counsel for Irinjalakuda Municipality sought time to file counter affidavit.

4. A counter affidavit dated 02.04.2025 has been filed on behalf of the 3rd respondent Sree Koodalmanikyam Devaswom Managing Committee. Paragraphs 3 to 8 of that counter affidavit read thus;

"3. It is submitted that the complaint raised in the writ petition is concerning the road that starts from near the Kuttamkulam and proceeds further through the front (Eastern Nada) of the Sree Koodalmanickyam Temple (hereafter referred to as the Temple) and turns Southwards and proceeds Westwards to the front side Unnayiwarrier Kalanilayam.

W.P.(C)NO.10969 OF 2025 6 2025:KER:31310

4. The front side of the Temple i.e., the Eastern side in 60 feet wide and 62 feet in length, out of which 20 feet is used as pathway. Only two wheelers and three wheelers can pass this way with moderate speed. As part of security arrangements necessary convenience for the devotees who would be visiting the Temple during the annual festival has been put in place by the respondent Devaswom, Police Department and other concerned Departments.

5. As these will be heavy rush of devotees coming to the Temple in connection with the festival leading to a block of the road Eastward from Kuttamkulam, the Police would place restrictions on the vehicular traffic on the said road. This respondent takes leave to point out that even when such restrictions are put in place conveniences are made for the smooth movement to reach the places mentioned in the writ petition, viz, the R.S.S. Office, Sevabharathi Office, Kaimukku Madom, building of Nedumpally Mana, Tharanalloor Mana, along with security arrangements by the Devaswom, Police, Fire Department, Health Department and the Irinjalakuda Municipality for the safety of the devotees reaching the Temple during the festival days. Apart from this, the Devaswom will make all arrangements for everyone to reach the offices mentioned in the writ petition and to reach their residences.

6. The statement in para 4 of the writ petition regarding the blocking of entrance to the road running North-south in front of the East Nada of the Temple, it is submitted that there was an earlier writ petition filed by one Karthikeyan as W.P.(C)No.28006 of 2024 alleging that in July, 2021, the respondent Municipality had paved the road with inter- W.P.(C)NO.10969 OF 2025 7 2025:KER:31310 locking concrete tiles and have put up a speed breaker across the road, causing obstruction to the free passage through the road. Ext.P3, proceedings of the RDO, Irinjalakuda, produced in the present writ petition was Ext.P2 in W.P.(C)No.28006 of 2024. The said writ petition was dismissed by judgment dated 06.12.2024 taking note of the report of the Village Officer, Manavalassery dated 09.09.2021, that the subject matter road is new paved with tiles and in a motorable condition. True copy of the report of the Village Office, Manavalasserry dated 09.09.2021, is produced herewith and marked as Ext.R3(a). True copy of the judgment in 06.12.2024 in W.P.(C)No.28006 of 2024 is produced herewith and marked as Ext.R3(b). Therefore, it is evident that there is no obstruction on the road from Kuttamkulam and passing in front of the Eastern Nada of the Temple.

7. The annual festival of Sree Koodalmanickyam Swami is to be conducted from 08.05.2025 to 18.05.2025. There will be a heavy rush of devotees during this period. The Ezhunallippu of the elephants in the Eastern and Western Nada is an important part of the festival. It is only during this festival days (10 days) that the idol of Sree Koodalmanickyam Swamy is taken outside and this is also a main reason for the rush of devotees. In order to control the rush of devotees and to avoid any untoward incidents or accidents and to provide for necessary security, arrangements are provided in the Eastern Nada of the Temple with the co-operation of various departments without in any manner creating any obstruction on the road. W.P.(C)NO.10969 OF 2025 8 2025:KER:31310

8. It is the case of the petitioner that the security arrangements is to be provided on the Northern side of the Eastern Nada. It is submitted that it is only to avoid difficulty for the smooth entry of the elephants and the devotees into the Temple that the security arrangements are provided on the Southern side. It is also submitted that the security arrangements had been arranged for the past several years on the Southern side of the East Nada. It is also submitted that the arrangements during the festival days would be provided on the Southern side of the Eastern Nada of the Temple without creating any obstruction for the free passage of the Southern side of the Eastern Nada."

5. The learned Standing Counsel for the 4th respondent Irinjalakuda Municipality has filed a statement dated 08.04.2025. Paragraphs 2 to 4 of that statement read thus;

"2. The subject matter road starts at the eastern nada of Koodalmanickyam temple and forms part and parcel of the eastern courtyard of Koodalmanickyam Temple. The said road is close to temple compound wall and turns south to reaches South Nada where there exist a similar court yard. The said road vests with Irinjalakuda Municipality. Since a part of the eastern nada or the courtyard of the temple including this road has been conveniently used by Koodalmanickyam Devaswom for the proper conduct of the 10 day Ulsavam. Stalls for Irinjalakuda Municipality, Police, Health Department etc. were erected on the southern side of the road for the proper coordination of all the service departments for the last several years.

W.P.(C)NO.10969 OF 2025 9 2025:KER:31310

3. The decisions to that effect were being taken by a Committee headed by the RDO. During the 10 days Ulsavam, for controlling the rush of the devotees and to avoid untoward incidents necessary arrangements and security are provided with the co-operation of all the concerned departments for the smooth conduct of the temple festival. This arrangement is only for 10 days of festival season. This time annual festival of Koodalmanickyam Swami temple to be held from 08.05.2025 to 18.05.2025.

4. Free distribution of butter milk and cleaning of the surrounding area of temple is done by Irinjalakuda Municipality. For coordinating the abovesaid activities and keeping the materials for the same, these stall is used by municipality. There is traffic control on certain roads in the surrounding area to prevent rush of devotees and to avoid accidents during this temple festival season."

6. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1, 2 and 5, the learned Standing Counsel for the 3rd respondent Sree Koodalmanikyam Devaswom Managing Committee and the learned Standing Counsel for the 4th respondent Irinjalakuda Municipality.

7. The issue relating to the road in question was the subject matter in W.P.(C)No.28006 of 2024 filed before this Court by one Karthikeyan. The said writ petition is one filed seeking a writ of mandamus commanding the Revenue Divisional Officer, W.P.(C)NO.10969 OF 2025 10 2025:KER:31310 Irinjalakuda to initiate appropriate legal proceedings against the Devaswom Managing Committee and its Administrator for the alleged violation of Ext.P3 order dated 05.12.2018 (Ext.P2 in that writ petition). The said writ petition was disposed of by Ext.R3(b) judgment dated 06.12.2024. Paragraphs 5 to 7 and also the last paragraph of that judgment read thus;

"5. The learned counsel for the petitioner would submit that the concrete hump was put up on the road at the instance of respondents 4 and 5 and it causes difficulty for free plying of vehicles through the road. However, the learned counsel fairly conceded that the chain put up across the road was removed by the respondents in pursuance to Ext.P2 order of the 1st respondent.

6. The learned Senior Government Pleader and the learned Standing counsels appearing for the respondents would submit that the road is vested with the 2nd respondent- Irinjalakkuda Municipality. Interlocking concrete tiles were paved by the Municipality to repair the road, which was damaged during the flood of the year 2018. A hump having a height of only 1.5 inches has been put up by the Municipality to control the speed of the vehicles at a place where the road turns south. Small vehicles and pedestrians have been using the road without any difficulty.

7. From Ext.P3 report dated 09.09.2021 of the Village Officer, Manavalassery produced by the petitioner, it is evident that the subject-matter road is now paved with tiles and it is in a motorable condition. In the report, it is stated W.P.(C)NO.10969 OF 2025 11 2025:KER:31310 that a small concrete hump having a height of 1.5 inches has been put up on the road at a place where it turns towards south. The said hump is intended only to restrict the speed of the vehicles plying through the road, which does not obstruct the free passage of vehicles as well as pedestrians.

Having considered the materials on record and the submissions made at the Bar, we are unable to accept the case of the petitioner that the hump put up by the 2 nd respondent Municipality on the subject-matter road causes obstruction to the free passage of pedestrians and vehicles. Therefore, there is no circumstance to issue the directions as sought in the writ petition and accordingly, the writ petition stands dismissed."

8. The photographs of the said road, which are placed on record as Ext.P6, would show that either side of the carriageway is paved with concrete interlock tiles, for the parking of vehicles carrying devotees. As part of security arrangements in connection with the annual festival of Sree Koodalmanickyam Temple and for the convenience of the devotees, sheds have been put up in the area paved with interlock tiles, as evident from Ext.P2 photographs, for accommodating police aid post and counters by the Municipality, Health Department, Fire and Rescue Department, etc. The said sheds are not encroaching upon the carriageway of the road in question, which is evident from the said photographs. W.P.(C)NO.10969 OF 2025 12 2025:KER:31310 Therefore, relying on the decisions of this Court in Shali P. v. State of Kerala and others [2019 (5) KHC 118] and Suo Motu v. State of Kerala and others [2022 (7) KHC 185] the petitioner cannot contend that the sheds put up in the area paved with interlock tiles, for accommodating police aid post and counters by the Municipality, Health Department, Fire and Rescue Department, etc., have to be shifted to the area paved with interlock tiles on the opposite side of the road.

9. The specific stand taken in the statement filed on behalf of the 4th respondent Irinjalakuda Municipality is that the decision to put up such stalls on the area paved with interlock tiles is being taken by a committee headed by the 2nd respondent Revenue Divisional Officer, in order to control the rush of devotees during ten days annual festival and to avoid untoward incidents.

In the above circumstances, we find absolutely no merits in this writ petition. The petitioner is not entitled to any of the reliefs sought for. The writ petition fails and the same is accordingly dismissed, with an observation that during the annual festival of Sree Koodalmanickyam Temple for the year 1200ME (2025), which is scheduled to be held from 08.05.2025 to 18.05.2025, the 1st respondent District Collector, through the 2nd respondent Revenue W.P.(C)NO.10969 OF 2025 13 2025:KER:31310 Divisional Officer and the 5th respondent Station House Officer, shall ensure proper crowd management for the safety of the devotees.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE MIN W.P.(C)NO.10969 OF 2025 14 2025:KER:31310 APPENDIX OF WP(C) 10969/2025 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT REPORTED IN SHALI.P V. STATE OF KERALA & ORS (2019 (5) KHC 118) EXHIBIT P2 TRUE COPY OF THE JUDGMENT REPORTED IN SUO MOTO V. STATE OF KERALA AND ORS (2022 (7) KHC 185) EXHIBIT P3 TRUE COPY OF THE ORDER OF THE REVENUE DIVISIONAL OFFICER, IRINJALAKUDA DATED 05.12.2018 EXHIBIT P4 PHOTOGRAPH SHOWING THE PUBLIC ROAD EXHIBIT P5 PHOTOGRAPHS SHOWING THE ENCROACHMENT IN TO PUBLIC ROAD AND CONSTRUCTION OF POLICE STALLS AND MUNICIPALITY STALLS IN THE PUBLIC ROAD EXHIBIT P6 PHOTOGRAPH SHOWING THE VACANT NORTHERN SIDE OF THE TEMPLE, ABUTTING THE EASTERN GOPURAM EXHIBIT P7 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER AND OTHERS BEFORE THE DISTRICT COLLECTOR DATED 04.03.2024 RESPONDENT EXHIBITS EXHIBIT R3(A) TRUE COPY OF THE REPORT OF THE VILLAGE OFFICE, MANAVALASSERY DATED 09/09/2021 EXHIBIT R3(B) TRUE COPY OF THE JUDGMENT DATED 06/12/2024 IN W.P(C)NO.28006 OF 2024

Unlock Advanced Research with PRISMAI

Kerala High Court