Suo Motu vs State Of Kerala
2022 Latest Caselaw 9576 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT
                     THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                          &
                      THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
            Thursday, the 25th day of August 2022 / 3rd Bhadra, 1944

                                  DBP NO. 46 OF 2022

IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - SASTHAMCOTTA SREE DHARMA SASTHA
TEMPLE - MATTER PERTAINING TO CUTTING AND REMOVAL OF TREES - SUO MOTU PROEEDINGS
INITIATED BASED ON A COMPLAINT DATED 30/07/2022 - REG

                                   --------------


  PETITIONER:


          SUO MOTU


  RESPONDENTS:


   1.    STATE OF KERALA

         REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,

         REVENUE (DEVASWOM DEPARTMENT), SECRETARIAT,

         THIRUVANANTHAPURAM - 695001.

   2.    TRAVANCORE DEVASWOM BOARD,

         REPRESENTED BY ITS SECRETARY, NANTHENCODE, KAWDIAR POST,

         THIRUVANANTHAPURAM, PIN - 695003.

   3.    DEVASWOM COMMISSIONER,

         TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST,

         THIRUVANANTHAPURAM - 695003.

   4.    ASSISTANT DEVASWOM COMMISSIONER,

         TRAVANCORE DEVASWOM BOARD, ANANDAVALLESWARAM, PUNNATHALA,

         KAANKATHU KUKKU, KOLLAM - 691007.

   5.    SUB-GROUP OFFICER,

         SASTHAMCOTTA DEVASWOM, SASTHAMCOTTA, KOLLAM - 690521.
 6.    THE TEMPLE ADVISORY COMMITTEE,

      REPRESENTED BY ITS SECRETARY, SREE DHARMA SASTHA TEMPLE,

      SASTHAMCOTTA TEMPLE, SASTHAMCOTTA, KOLLAM - 690521.



      BY STANDING COUNSEL FOR TRAVANCORE DEVASWOM BOARD

      BY GOVERNMENT PLEADER


     THE DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON

25/08/2022, UPON PERUSING THE PETITION, THE COURT ON THE SAME DAY PASSED

THE FOLLOWING.
       ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
       -----------------------------------------------------
                      DBP No.46 of 2022
      ------------------------------------------------------
          Dated this the 25th day of August, 2022


                           ORDER

Anil K. Narendran, J.

This proceedings is registered suo motu based on a

complaint made by one Manikuttan @ Manikandan, wherein it

is alleged that despite the directions contained in the judgment

of this Court dated 08.01.2014 in W.P.(C)No.26045 of 2013,

the trees in the Poonkavanam of Sashtamkotta Sree Dharma

Sastha Temples, which is the habitat for temple monkeys, are

being cut and removed by the members of the Temple

Advisory Committee with the active support of officials of the

Travancore Devaswom Board.

2. Today, when this matter is taken up for

consideration, the learned Standing Counsel for Travancore

Devaswom Board would submit that based on the complaint

made by the complainant, the 3rd respondent Devaswom

Commissioner has called for a report from the Sub Group

Officer. The branches of the tree in the photographs, which

form part of the complaint, are cut and removed after

DBP No.46 of 2022

obtaining necessary orders from the 3rd respondent Devaswom

Commissioner. The learned Standing Counsel would submit

that an affidavit of the Secretary of the 2nd respondent Board

shall be placed on record before the next posting date.

3. Affidavit to be placed on record by 14.09.2022.

4. Issue notice to the complainant. A copy of this order

and also the DBP shall be enclosed along with the notice.

List on 20.09.2022.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

AV/25/8

25-08-2022 /True Copy/ Assistant Registrar