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2.1. Going by the averments in the writ petition, the proposed acquisition of property for the formation of Attingal Bypass for the development of National Highway-66 from Kadambattukonam to Kazhakkoottam, between Ch.530+800 and Ch.530+900, will affect the ancient temple structures of Thiruvarattukavu Devi Temple, which are constructed more than 700 years back. The temple is under the management of the Travancore Devaswom Board, which is constituted under the Travancore-Cochin Hindu Religious Institutions Act, 1950, for the administration of temples and religious endowments, which were under the management of erstwhile Ruler of Travancore and the management of all institutions which are under the Devaswom Department. Thiruvarattukavu Devi Temple in Attingal, is an ancient temple under Varkala Group. Thiruvarattukavu Devi is 'Paradevatha' (family deity) of Travancore Royal Family and 'Adisthana Devatha' of Attingal Desom. The temple is more than 700 years old. 'Ariyittuvazhcha', which started centuries before, is still continued by Travancore Royal Family in the temple, in the W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 month of 'Makaram' every year, which is celebrated as the festival of Attingal Desom. It is a ten days long annual festival, during which period the members of Travancore Royal Family attend the temple and participate in the rituals. 'Ariyittuvazhcha' is performed on the 9th day of the festival. The members of Travancore Royal Family arriving for the ritual 'Ariyittuvazhcha' will be seated in the 'Pattupura' in Thiruvarattukavu Devi Temple. The temple, which is constructed in Kerala Kshethra Vastusilpa style, is an ancient monument to be protected as a remembrance of our cultural heritage. Koyikkal Palace situated adjacent to the temple is being taken over by the Archaeological Department. The temple is situated on land having an extent of 3.55 Acres in Sy. No.642/1 of Attingal Village in Chirayinkeezhu Taluk. The document marked as Ext.P1 is the relevant extract of the settlement register of Attingal Village. The 1st respondent issued Ext.P2 notification dated 28.01.2020 in Mathrubhumi daily dated 14.03.2020, under Section 3A(1) of the NH Act), for the acquisition of land for development of NH-66 from Kadambattukonam to Kazhakkoottam. As per Ext.P2, private land having an extent of 44.52 Ares in Survey No.642 of Attingal Village is under acquisition.

3. W.P.(C)No.14347 of 2021:- The 1st petitioner is Thiruvarattukavu Devi, a perpetual minor, represented by a devotee by name, Ashok Kumar and the 2nd petitioner is another devotee by name, Ranjith R., who is the Secretary of the Temple Advisory Committee, who had approached this Court earlier in W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 W.P(C)No.13683 of 2020, aggrieved by the acquisition proceedings, which would result in the demolition of critical structures of Thiruvarattukavu Devi Temple. The petitioners have filed this writ petition seeking a writ of certiorari to quash Ext.P12 order dated 15.05.2021 [Ext.P12 in W.P(C)No.14183 of 2021] issued by the 3rd respondent Special Deputy Collector and Competent Authority, Land Acquisition (National Highway), Thiruvananthapuram. The petitioners have also sought for a writ of mandamus commanding the 3rd respondent to modify Ext.P3 alignment, after making a minor shift towards the west, as in the alternate alignment shown in Ext.P10; and a writ of mandamus commanding respondents 6 and 7 to investigate into the archaeological history of Thiruvarattukavu Devi Temple and direct the 6th respondent to consider Exts.P13 and P13(a) representations to declare and preserve the temple structures as a historical monument and heritage site. In the writ petition, it is stated that Thiruvarattukavu Devi Temple is an ancient temple with known history dating back to 1307 AD, which is part of the history of Kerala. The temple was constructed in 1307 AD following the adoption of a Princess in 1305 AD from Kolathunadu of Kannur in North Kerala, by the Travancore Royal Family. Thiruvarattukavu Devi Temple is the abode of the W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 prime deity of Venadu (erstwhile Travancore Kingdom). Subsequent to the judgment of this Court in W.P(C)Nos.13037 of 2020, 13371 of 2020 and 13683 of 2020 (Ext.P8), a hearing was held at the chamber of 3rd respondent Special Deputy Collector and Competent Authority, on 15.02.2021. The 3rd respondent conducted a local inspection on 19.02.2021 and thereafter, a further hearing was conducted on 20.02.2021. During the personal hearing, the petitioners submitted Ext.P9 written submission dated 13.02.2021, Ext.P10 sketch of the alternate alignment and Ext.P11, P11(a) to P11(l) Google images [Ext.P13 in W.P(C)No.14183 of 2021]. In paragraph 18 of the writ petition, it is alleged that the 3 rd respondent conducted the personal hearing in a highly prejudicial manner, which created serious apprehensions in the minds of the petitioners. The 3rd respondent, vide Ext.P12 proceedings dated 15.05.2021, overruled the petitioners' objections and demand for a change of alignment on the ground that it is not feasible. In Ext.P12, the 3rd respondent overlooked the historical importance of Thiruvarattukavu Devi Temple, which was emphasised by this Court in Ext.P8 judgment. The 3rd respondent heavily relied on the report of the private consultancy, namely, M/s.SMEC, that 14 numbers of structures including residential buildings will have to be acquired if W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 the existing alignment is altered, which is factually incorrect, as evident from Ext.P11, P11(a) to P11(l). The 3rd respondent failed to pass a speaking order with the details of 14 structures including residential buildings, which would be affected if the alignment has to be altered. The 3rd respondent relied on an unsubstantiated report of the private consultancy, though contradicting evidence was produced in Ext.P11, P11(a) to P11(l), which were made available before the said respondent, during the course of the hearing held on 15.02.2021 and 20.02.2021. In the writ petition, it is stated that researchers of history, paleophytes, and students had submitted several representations to the State authorities for proper preservation of all historical monuments in and around Attingal, including Thiruvarattukavu Devi Temple. Attingal History Lovers' Association submitted Ext.P13 representation dated 31.05.2021 before the 6th respondent Superintending Archaeologist, Archaeological Survey of India, Kerala Circle, to take immediate steps for taking over all the historical monuments of Attingal, including Thiruvarattukavu Devi Temple. On 02.06.2021, the President of Attingal History Lovers' Association sent Ext.P13(a) e-mail to the 6th respondent, requesting immediate action in the matter. Based on such a request, the 6th respondent issued Ext.P14 W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 communication dated 04.06.2021 to the additional 8th respondent Project Director requesting him to look into the matter and change the present alignment of Attingal Bypass to save the heritage structure.

530-600 to Ch: 531-000) and for an order staying all further proceedings of respondents 4 and 6 for the construction of Attingal Bypass (Ch: 530-600 to Ch: 531-000), as per the Ext.P1 notification, till the disposal of the writ petition.

W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 5.1. In the writ petition it is averred that Thiruvarattukavu Devi Temple is situated in Attingal, which operated as a sovereign state (swaroopam) in the erstwhile Travancore State, enjoying an authority which was far-reaching and powerful and coming under the direct rule of the Queen of Attingal, whose son became the King of erstwhile Travancore State. In the absence of male heirs, they themselves sat on the fabled throne. Thiruvarattukavu Devi continues as the dynastic deity especially of these royal ladies along with Sri Padmanabhaswamy of Thiruvananthapuram, who reigns as the family and dynastic deity of Travancore Royalty as a whole.

6. In W.P.(C)No.14183 of 2021, the learned Standing Counsel for NHAI has filed a statement dated 04.03.2022, on behalf of the 3rd respondent Project Director, contending that the writ petition is not maintainable as it seeks to challenge the approved alignment of the proposed Right of Way (RoW) of Attingal Bypass. Even though there is a vague allegation that the acquisition proceedings are vitiated by mala fides and fraud, the said challenge cannot be countenanced in view of lack of proper pleadings. The change sought by the petitioners with regard to the alignment is to re-work the approved alignment in such a way that the temple properties are not affected by the construction of Attingal Bypass. The change of alignment sought by the petitioner would have the W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 effect of displacing people or affecting the properties which are not included in the alignment. Therefore, it is imperative that the people who would be affected by the proposed change in the alignment are also to be heard. The alignment and plan for construction of Attingal Bypass are prepared using the most modern techniques and machines and linked with the longitude and latitude co-ordinate points. The alignment is not prepared by physical verification and survey of the land sought to be acquired. Therefore, in the approved alignment plan the survey numbers or the structures may not be exact due to the discrepancy in the land revenue records. The exact survey numbers and structures will be shown in the land acquisition alignment plan prepared by the technical experts of the consultant on the basis of the approved alignment plan with the help of the Revenue authorities of the State. The present alignment is prepared based on the clauses in Indian Roads Congress Manual (IRC Manual) to maintain a design speed of 80-100 km/hr and considering the geometric parameters and radius of curvature, in compliance with the IRC Manual. Currently, the existing two-lane road at the stretches where it is being four-laned has many geometric deficiencies which need to be corrected in compliance with the IRC W.P(C)Nos.14183 of 2021, 14347 of 2021 & 17244 of 2021 Manual in respect of the gradient, radius of curvature, etc., so as to maintain a design speed of 80-100 km/hr.