Kerala High Court
K K Padmanabhan vs State Of Kerala on 7 July, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.P.(C)No.24687 of 2025 1 2025:KER:49616
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
W.P.(C)NO.24687 OF 2025
PETITIONER:
K. K. PADMANABHAN
AGED 65 YEARS
S/O KESAVAN, PREETHA BHAVAN, NANDYATTUKUNNAM, NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN - 683513
BY ADVS.
SRI.D.AJITHKUMAR
SMT.T.MANASY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, DISTRICT
COLLECTORATE OFFICE, KUMILY ROAD, KOTTAYAM, PIN -
686002
3 REVENUE DIVISIONAL OFFICER
SECOND FLOOR, MINI CIVIL STATION, PUTHENAGADY,
KOTTAYAM, PIN - 686001
4 TRAVANCORE DEVASWOM BOARD
TAVANCORE DEVASWOM BOARD HEADQUARTERS, DEVASWOM
BUILDINGS, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
PIN - 695003
W.P.(C)No.24687 of 2025 2 2025:KER:49616
5 THE SECRETARY
TRAVANCORE DEVASWOM BOARD, TAVANCORE DEVASWOM BOARD
HEADQUARTERS, DEVASWOM BUILDINGS, NANTHANCODE, KAWDIAR
POST, THIRUVANANTHAPURAM, PIN - 695003
6 DEVASWOM COMMISSIONER
TRAVANCORE DEVASWOM BOARD, TAVANCORE DEVASWOM BOARD
HEADQUARTERS, DEVASWOM BUILDINGS, NANTHANCODE, KAWDIAR
POST, THIRUVANANTHAPURAM, PIN - 695003
7 CHIEF VIGILANCE AND SECURITY OFFICER
(SUPERINTENDENT OF POLICE-VIGILANCE), TRAVANCORE
DEVASWOM BOARD, TAVANCORE DEVASWOM BOARD HEADQUARTERS,
DEVASWOM BUILDINGS, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003
8 ERUMELI GRAMA PANCHAYAT
ERUMELI, KOTTAYAM, REPRESENTED BY ITS SECRETARY, PIN -
686509
9 VISHWA HINDU PARISHAD
VHP SAMSKAREEKA KENDRAM, KALOOR, KOCHI, REPRESENTED BY
ITS PRESIDENT, PIN - 682017
10 STATION HOUSE OFFICER
ERUMELI POLICE STATION, ERUMELI, KOTTAYAM, PIN -
686509
11 JOSHY P
S/O PRABHAKARAN, 17/4257, KAILASAM, PATTOPM,
GOURISHAPATTOM, THIRUVANANTHAPURAM, PIN - 695502
BY ADVS.
SRI.S.SUJIN
SRI.SANTHEEP ANKARATH
SMT.BHAVANA J. MENON
SRI.P.K.SURESH KUMAR (SR.)
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP; SRI. G. BIJU, SC, TDB,
SMT. CHITHRA CHANDRASEKHARAN, SC, ERUMELY
GRAMAPANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.24687 of 2025 3 2025:KER:49616
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of Lord Ayyappa of Sabarimala Sree Dharma Sastha Temple and Erumeli Sree Dharma Sastha Temple, which are temples under the management of the 4th respondent Travancore Devaswom Board, had earlier filed W.P.(C)No.24088 of 2025, which was dismissed as withdrawn by Ext.P7 judgment dated 03.07.2025, without prejudice to the right of the petitioner to file a fresh writ petition with proper parties in the party array. In paragraph 4 of Ext.P7 judgment, this Court noticed the submission made by the learned Standing Counsel for the 8th respondent Erumeli Grama Panchayat, on instructions received from the Secretary of the Grama Panchayat, that no building permit has been granted for the construction of a temple for 'Vapura Swamy' at Erumeli, and also the submission made by the learned Senior Counsel for the 9th respondent Vishwa Hindu Parishad, as instructed by the learned instructing counsel, that Vishwa Hindu Parishad has absolutely no connection whatsoever with the construction of the temple for 'Vapura Swamy' at Erumeli.
2. In this writ petition filed on 04.07.2025, the petitioner W.P.(C)No.24687 of 2025 4 2025:KER:49616 has arrayed the 11th respondent, the owner of 49 cents of land comprised in Block No.024, Survey No.102/4/3/1 of Erumeli Thekku Village, where the construction of the temple for 'Vapura Swamy' at Erumeli is going on. The document marked as Ext.P2 is a copy of the relevant page of the encumbrance record of the said property. Going by the averments in the writ petition, the installation of the Balalaya for Vapura Swamy is scheduled to be held on 07.07.2025, with subsequent ceremonies on 12.07.2025. In the writ petition, it is alleged that there is involvement of the 9th respondent Vishwa Hindu Parishad in the construction of Vapura Swamy Temple at Erumeli, and that the construction of the temple, in the property covered by Ext.P2 encumbrance record, is without obtaining development permit/building permit from the 8 th respondent Erumeli Grama Panchayat.
3. On 04.07.2025, when this writ petition came up for admission, it was admitted on file. The learned Senior Government Pleader took notice for respondents 1 to 3 and 10, the learned Standing Counsel for Travancore Devaswom Board for respondents 4 to 7 and the learned Standing Counsel for Erumeli Grama Panchayat for the 8th respondent. The learned Senior Counsel W.P.(C)No.24687 of 2025 5 2025:KER:49616 entered appearance for the 9th respondent, as instructed by the learned instructing counsel. Urgent notice by special messenger was ordered to the 11th respondent, returnable by today (07.07.2025). This Court granted an interim order on 04.07.2025. Paragraphs 6 to 9 of that order read thus;
"6. The learned counsel for the petitioner would point out the statutory provisions contained in Rule 4(2) and also Rule 5, read with the Schedule thereto (Sl.No.5) of the Kerala Panchayat Building Rules, 2019, in order to contend that the construction that is being undertaken in the property of the 11th respondent, referred to in Ext.P2 relevant page of the encumbrance record, is an unauthorised construction without obtaining necessary development permit/building permit. The learned counsel would also point out the provisions contained in Section 252(1)(b) of the Kerala Panchayat Raj Act, 1994.
7. The learned Standing Counsel for the 8th respondent Erumeli Grama Panchayat would submit that no application for development permit/building permit under the provisions of Rule 5 of the Kerala Panchayat Building Rules, 2019 has been made by the 11th respondent or any other person having interest in that land, for undertaking the construction of Vapura Swamy Temple.
8. The submission of the learned Senior Counsel for the 9 th respondent Vishwa Hindu Parishad, on instructions through the learned instructing counsel, is that the said organisation has absolutely no connection with any activity being W.P.(C)No.24687 of 2025 6 2025:KER:49616 undertaken in the property in question for construction of Vapura Swamy Temple.
9. Having considered the pleadings and materials on record and also the preliminary submissions made at the Bar, we deem it appropriate to issue an interim order directing the Secretary of the 8th respondent Erumeli Grama Panchayat to take necessary steps to ensure that no construction activities of Vapura Swamy Temple at Erumeli are undertaken in the property owned by the 11th respondent, referred to in Ext.P2 relevant pages of the encumbrance record, without obtaining necessary development permit/building permit, as per the mandate of Rule 5 of the Kerala Panchayat Building Rules and complying with other statutory requirements. In case any police assistance is necessary, it is for the Secretary of the 8th respondent Grama Panchayat to approach the 10th respondent Station House Officer, Erumeli Police Station, invoking the provisions under Section 252(1)(b) of the Kerala Panchayat Raj Act, in which event, the Station House Officer shall render necessary assistances, as per the statutory mandate of Section 252(1)(b). It would be open to the 10th respondent Station House Officer to report the issue to the District Police Chief, Kottayam, if found necessary, in order to ensure that there is no law and order issues in the locality."
4. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 to 3 and 10, the learned Standing Counsel for Travancore Devaswom Board for respondents 4 to 7, the learned Standing Counsel for Erumeli W.P.(C)No.24687 of 2025 7 2025:KER:49616 Grama Panchayat for the 8th respondent, the learned Senior Counsel for the 9th respondent and also Sri.P.K. Suresh Kumar, the learned Senior Counsel for the 11th respondent, as instructed by Sri.Santheep Ankarath, the learned instructing counsel.
5. The learned Senior Counsel for the 11th respondent, as instructed by the learned instructing counsel, would submit that a small building constructed by the said respondent in the property having an extent of 49 cents in Block No.024, Sy.No.102/4/3/1 of Erumeli Thekku Village, for storing pooja materials for the purpose of performing certain poojas, has already been demolished since the said construction was one made without obtaining building permit from the 8th respondent Erumeli Grama Panchayat. The 11th respondent has no intention to construct any temple in the property in question, without complying with the statutory requirements of the provisions referred to in the order of this Court dated 04.07.2025. For the time being, the 11th respondent intends to perform certain poojas in the property in question.
6. The learned Standing Counsel for the 8th respondent Erumeli Grama Panchayat, on instructions from the Secretary of the Grama Panchayat, would submit that the 11th respondent was W.P.(C)No.24687 of 2025 8 2025:KER:49616 issued with a stop memo on 05.07.2025 regarding the construction undertaken in the property in question, without complying with the statutory requirements of the provisions referred to in the order of this Court dated 04.07.2025. On receipt of the said stop memo, the 11th respondent had already removed the construction made in the said property.
7. During the course of arguments, it is not in serious dispute that the construction made by the 11th respondent in the property in question, in respect of which a stop memo was issued on 05.07.2025 by the 8th respondent Erumeli Grama Panchayat, had already been demolished.
In such circumstances, this writ petition is disposed of after recording the submission made by the learned Senior Counsel for the 11th respondent, as instructed by the learned instructing counsel, and that of the learned Standing Counsel for the 8th respondent Grama Panchayat that the building constructed by the 11th respondent in the property having an extent of 49 cents in Block No.024, Sy.No.102/4/3/1 of Erumeli Thekku Village, had already been demolished. The further submission of the learned Senior Counsel for the 11th respondent that the said respondent W.P.(C)No.24687 of 2025 9 2025:KER:49616 has no intention to construct any temple in the property in question, without complying with the statutory requirements of the provisions referred to in the order of this Court dated 04.07.2025, is recorded. The direction contained in the order of this Court dated 04.07.2025, directing the 10th respondent Station House Officer to maintain the law and order in the locality, if found necessary, after reporting the issue to the District Police Chief, Kottayam, shall continue to be in force.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE MIN W.P.(C)No.24687 of 2025 10 2025:KER:49616 APPENDIX OF WP(C) 24687/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NEWS REPORT PUBLISHED IN THE ONLINE MEDIA NAMELY SABARIMALA UPDATES DATED 08.04.2025 Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF ENCUMBRANCE RECORD OF THE PROPERTY HAVING AN EXTENT OF APPROXIMATELY 49 CENTS COMPRISED IN BLOCK NO.024, SY.NO.102/4/3/1 WHICH BELONGS TO THE 11TH RESPONDENT, SHRI JOSHI.P Exhibit P3 TRUE COPY OF THE PETITION DATED 28.06.2025 OF THE PETITIONER GIVEN TO THE 8TH RESPONDENT PANCHAYAT Exhibit P4 TRUE COPY OF THE REPORT NO.CT 160/25/TDB/VIG DATED 24.06.2025 SUBMITTED BY CHIEF VIGILANCE AND SECURITY OFFICER, TRAVANCORE DEVASWOM BOARD BEFORE THE PRESIDENT, TRAVANCORE DEVASWOM BOARD OBTAINED UNDER RIGHT TO INFORMATION ACT Exhibit P5 TRUE COPY OF THE COMPLAINT VIDE R.O.C. NO.
6538/25/VIG DATED 26.06.2025 SUBMITTED BY SECRETARY, BEFORE THE DISTRICT COLLECTOR, KOTTAYAM OBTAINED UNDER RIGHT TO INFORMATION ACT Exhibit P6 TRUE COPY OF THE PETITION DATED 28.06.2025 OF THE PETITIONER TO THE 2ND RESPONDENT/DISTRICT COLLECTOR, KOTTAYAM Exhibit P7 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA IN W.P.(C) NO. 24088 OF 2025 DATED 3.7.2025