Kerala High Court
Travancore Devaswom Board vs Union Of India on 23 July, 2021
WP(C) No.14183/2021 1/8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Friday, the 23rd day of July 2021 / 1st Sravana, 1943
WP(C) NO. 14183 OF 2021
PETITIONER:
TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY,
DEVASWOM HEAD QUARTERS, NANTHENCODE,
THIRUVANANTHAPURAM-695 011.
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD,
TRANSPORT & HIGHWAYS, PARIVAHAN BHAVAN, PARLIAMENT STREET, NEW
DELHI-110 001.
2. NATIONAL HIGHWAYS AUTHORITY OF INDIA, G5 & G6, SECTOR 10, DWARAKA,
NEW DELHI-110 075, REPRESENTED BY ITS CHAIRMAN
3. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT
IMPLEMENTATION UNIT, THIRUVANANTHAPURAM, T.C.36/414(3) NEAR NSS
HIGHER SECONDARY SCHOOL, PALKULANGARA, PETTA (PO)
THIRUVANANTHAPURAM-695 024.
4. THE SPECIAL DEPUTY COLLECTOR/COMPETENT AUTHORITY, LAND ACQUISITION
(NH), KUDAPPANAKUNNU (PO), THIRUVANANTHAPURAM-695 043,
5. THE DISTRICT COLLECTOR, COLLECTORATE, KUDAPPANAKUNNU (PO)
THIRUVANANTHAPURAM-695 043.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibits P2 & P12 in
respect of the reach covering Thiruvarattukavu Temple, i.e. 500 meters to
and from temple premises (CH:530+800), pending disposal of the Writ
Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.G.BIJU, STANDING COUNSEL for the petitioner, ASSISTANT SOLICITOR
GENERAL OF INDIA for R1, STANDING COUNSEL for R2 & R3 and of GOVERNMENT
PLEADER for R4 & R5, the court passed the following:
WP(C) No.14183/2021 2/8
APPENDIX OF WP(C) 14183/2021
Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE NOTIFICATION
DATED 28.1.2020 PUBLISHED IN MATHRUBHUMI DAILY DATED
14.3.2020
Exhibit P8 TRUE COPY OF THE SKETCH SHOWING THE PRESENT LAYOUT OF
ACQUISITION MARKED IN THE TEMPLE PREMISES PREPARED BY
THE HEAD SURVEYOR OF THE BOARD.
Exhibit P10 TRUE COPY OF THE JUDGMENT IN WPC NO 13037/2020 DATED
19.1.2021
Exhibit P12 TRUE COPY OF THE PROCEEDINGS NO B1.158/2021 DATED
15.5.2021 ISSUED BY THE 4TH RESPONDENT
WP(C) No.14183/2021 3/8
C.T.RAVIKUMAR &
MURALI PURUSHOTHAMAN, JJ.
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W.P.(C)Nos.14183 & 14347 of 2021
---------------------------------------
Dated 23rd July, 2021
ORDER
Ravikumar, J.
This is the 2nd round of litigation on the very same subject
matter as far as the petitioners are concerned. The Travancore
Devaswom Board (TDB), the petitioner in W.P.(C)No.14183 of 2021 had
earlier approached this Court by filing W.P.(C)No.13037 of 2020 on
being aggrieved by the proposal in Ext.P2 notification dated 28.1.2020
to have an extensive acquisition viz., more than one acre from the
property, to be precise, 0.4452 hectares of property comprised in
Survey No.642 of Attingal Village, belonging to Thiruvarattukavu Devi
Temple, a temple under TDB. The petitioners in the latter writ petition
had also approached this Court earlier by filing W.P.(C)No.13683 of
2020 on the very same issues. A Division Bench of this Court, in which
one among us (C.T.Ravikumar, J.) was a party, disposed of the said
writ petitions as per Ext.P10 judgment in W.P.(C)No.14183 of 2021,
with directions. It is the consequential proceedings issued subsequent
to Ext.P10 judgment viz., No.B1.158/2021 dated 15.5.2021 of Special
Deputy Collector, LA(NH), Thiruvananthapuram which is impugned in
these writ petitions.
WP(C) No.14183/2021 4/8
W.P.(C)Nos.14183 & 14347 of 2021 2
2. As a preliminary objection the learned Standing Counsel
for National Highways Authority of India raised a contention that
entertaining the writ petitions by the Division Bench would result in
denial of 'right to appeal' to the parties and as the acquisition is being
effected exercising the power of eminent domain of the State it cannot
be said to be a matter relating Devaswom. In this context, it is to be
noted that National Highways Authority of India is only a body corporate
constituted under Section 3 of the National Highways Authority of India
Act, 1988 (for short 'NHAI Act' only) for the development, maintenance
and management of National Highways and for matters connected
therewith or incidental thereto. Section 3A of the National Highways
Act, 1956 (for short 'NH Act' only) would reveal that the power of
eminent domain vests with the Central Government and Section 13 of
'NHAI Act' would reveal that acquisition of any land required by the
authority may be acquired for the Authority under the provisions of the
'NH Act'. In fact, it is realising this position that in the impugned
Ext.P12 order itself the National Highways Authority of India is
described as the 'requisitioning authority'. Being the requisitioning
authority National Highways Authority of India is not justified to take
such contentions based on the power of eminent domain of the Central
Government. In the decision in Prayar Gopalakrishnan v. State of
WP(C) No.14183/2021 5/8
Kerala reported in 2018(1) KLT 478 this Court held:-
"'Deva' means God and 'Swom' means Ownership in
Sanskrit and the term 'Devaswom' denotes the property
of God in common parlance."
In the said decision it was further held that Devaswom Board is a socio-
religious trust constituted to manage the property of God comprising of
Members nominated by the Government. In the decision in Kalanka
Devi Sansthan v. The Maharashtra Revenue Tribunal (AIR 1970
SC 439) the Hon'ble Apex Court held that when property is given
absolutely for the worship of an idol it vests in the idol itself as a juristic
person. We have referred to the decisions (supra) only to hold that the
subject matter of the writ petitions pertains to the acquisition of 'Deva'
'swom', viz., as explained by the Division Bench in Prayar
Gopalakrishnan's case (supra).
3. There is no dispute regarding the fact that the property
proposed to be acquired belongs to Thiruvarattukavu Devi Temple. The
Hon'ble the Chief Justice, being the master of the roster, allotted the
subject of Devaswom matters to a Division Bench and the Division
Bench is to hear all Devaswom matters including disputes relating
properties of Devaswoms. In the case on hand, indisputably, the
property proposed to be acquired under Ext.P2 notification belongs to
Thiruvarattukavu Devi Temple. In this context, it is also to be noted
WP(C) No.14183/2021 6/8
W.P.(C)Nos.14183 & 14347 of 2021 4
that at the first round of litigation on the same subject matter viz., W.P.
(C)Nos.13037 of 2020 and 13683 of 2020 the matter was heard by a
Division Bench, in which one among us (C.T.Ravikumar, J.) was a party
and they along with W.P.(C)No.13371 of 2021 were disposed of by a
common judgment dated 19.1.2021 viz., Ext.P10 judgment in the
former writ petition/Ext.P8 judgment in the latter writ petition. As
already noticed, the petitioners are challenging Ext.P12 proceedings of
the Special Deputy Collector passed pursuant to Ext.P10 judgment.
Taking into account all the aforesaid circumstances we find no merit in
the aforesaid preliminary objection raised by the learned Standing
Counsel for National Highways Authority of India and hence, it stands
repelled.
4. In the case on hand, we notice that at first a notification
under sub-section (1) of Section 3A of the NH Act was issued on
16.2.2010 and there was absolutely no proposal therein for acquisition
of the properties belonging to Thiruvarattukavu Devi Temple. Later,
similar notifications were issued respectively on 27.3.2012 and
8.6.2018. In the second notification, came to be published on
27.03.2012, there was proposal to acquire 598.2m 2 i.e., 14.28 cents of
temple property that situates outside the 'Chuttumathil' of the temple.
The third notification which was published on 8.6.2018 contained a
WP(C) No.14183/2021 7/8
proposal to acquire some more extent, to be precise, 0.0998 hectors,
i.e., 24.6 cents of temple property. It is after issuing such notifications
that the present Ext.P2 notification was issued. Going by the same,
the proposal is to acquire more than one acre, to be precise,
0.4452 hectares of the property belonging to Thiruvarattukavu Devi
Temple. In the said circumstances, the petitioners have raised various
contentions to assail Ext.P12 and the present proposal. It is specifically
contended by the petitioners that going by the present proposal, the
'Kannimoola', 'Pattupura', 'Seeveli Patha', 'Anakottil', 'Holy Steps' and
'compound wall' of the temple are included as properties to be acquired.
To buttress the said contention, they produced Ext.P8. They have also
taken up the contention that 'Kannimoola' is an auspicious point of the
entire temple structure and destruction and acquisition of the
'Kannimoola' would amount to mutilation of the limbs of the Deity.
Taking note of all the aforesaid circumstances and the nature of the
contentions raised by the parties we are inclined to admit these
matters.
5. Hence, the writ petitions are admitted. The learned
Assistant Solicitor General takes notice for the common first
respondent. Learned Standing Counsel Sri.Bidan Chandran takes notice
for the National Highways Authority of India and its Project Director.
WP(C) No.14183/2021 8/8
W.P.(C)Nos.14183 & 14347 of 2021 6
Learned Government Pleader takes notice for respondents 3 and 4 in
W.P.(C)No.14347/2021 and respondents 4 and 5 in W.P.(C)No.14183 of
2021. The learned Standing Counsel for Travancore Devaswom Board
takes notice for the 5th respondent in W.P.(C)No.14347/2021. For the
time being notice need not be issued to respondents 6 and 7 in W.P.
(C)No.14347/2021.
6. There will be an order staying all further proceedings for
acquisition in terms of Ext.P3 in W.P.(C)No.14347/2021 viz., Ext.P2 in
W.P.(C)No.14183/2021 viz., notification, dated 28.1.2020 and Ext.P12
proceedings till 27.8.2021.
List the matters for further consideration on 26.8.2021.
Sd/-
C.T.RAVIKUMAR
Judge
Sd/-
MURALI PURUSHOTHAMAN
Judge
TKS
23-07-2021 /True Copy/ Assistant Registrar
