Kerala High Court
Soman P.K vs State Of Kerala on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
WP(C) NO. 3525 OF 2022(M)
PETITIONER:
SOMAN P.K., AGED 68, S/O. KRISHNANKUTTY VALLIYANKAVU, PALOORKAVU
P.O., IDUKKI- 685 532.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.
2. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI 685 602.
3. THE TAHSILDAR, PEERUMEDU TALUK, IDUKKI 685 602.
4. THE VILLAGE OFFICER PERUVANTHANAM VILLAGE, IDUKKI 685 532.
5. TRAVANCORE DEVASWOM BOARD DEVASWOM BOARD HEAD QUARTERS, NATHANCODE,
KAWDIAR POST, THIRUVANANTHAPURAM 695 003, REPRESENTED BY ITS
SECRETARY.
6. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD
QUARTERS, NATHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM 695 003.
7. ADMINISTRATIVE OFFICER, VALLIYANKAVU DEVI TEMPLE, PALOORKAVU P.O,
PEERUMEDU TALUK, PERUVANTHANAM VILLAGE, IDUKKI 685 532.
8. TRAVANCORE RUBBER AND TEA COMPANY PERUVANTHANAM VILLAGE, PEERUMEDU
TALUK, IDUKKI, REGISTERED OFFICE AT PATTOM PALACE PLO,
THIRUVANANTHAPURAM 695 004, REPRSENTED BY ITS CHIEF EXECUTIVE
OFFICER.
9. PERUVANTHANAM GRAMA PANCHAYATH PERUVANTHANAM, PERUVANTHANAM P.O,
IDUKKI 685 532 REPRESENTED BY ITS SECRETARY.
ADDITIONAL R10 IMPLEADED
10. P.N.PROMOD, AGED 57, S/O. NARAYANAN, PADINJATHRAYIL KARIPPADAM P.O.,
THALAYOLAPARAMBU, VAIKOM, KOTTAYAM DISTRICT-686605. ADDITIONAL R10
IMPLEADED AS PER ORDER DATED 04/02/2022 IN IA 1/2022 IN WPC
NO.3525/2022
ADDITIONAL R11 TO R13 IMPLEADED
11. STATION HOUSE OFFICER, PERUVANTHONAM POLICE STATION, PERUVANTHANAM
P.O., IDUKKI- 685532.
12. EXCISE OFFICER, PEERUMEDU CIRCLE, PEERUMEDU P.O., (IDUKKI)-685531.
13. EXECUTIVE ENGINEER, PWD ROADS DIVISION, IDUKKI- 685603.
ADDL. R11 TO R13 ARE SUO MOTU IMPLEADED AS PER ORDER
DATED 04.03.2022 IN WP(C) 3525/2022.
ADDITIONAL R14 TO R16 IMPLEADED
14. USHA GOPINATH, RAJAMANA, VALLIYANKAVU, IDUKKI- 685532.
15. RADHA GANGADHARAN, KANNATT, VALLIYANKAVU, IDUKKI- 685532.
16. ANEESH S., RAJAMANAYIL, VALLIYANKAVU, IDUKKI-685532 ADDITIONAL R14
TO R16 IMPLEADED AS PER ORDER DATED 19.05.2022 IN I.A.4/2022 IN WPC
3525/2022.
ADDITIONAL R17 SUO MOTU IMPLEADED
17. SUNIL KUMAR T.G., MANIKANTAVILASOM, RANNI P.O., PATHANAMTHITTA-689
672 IS SUO MOTU IMPLEADED AS ADDITIONAL R17 AS PER ORDER DATED
19.05.2022 IN WPC 3525/2022
ADDITIONAL R18 AND R19 SUO MOTU IMPLEADED
18. THE DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
TRAVANCORE DEVASWOM BOARD BUILDING, KUMBAZHA ROAD, PATHANAMTHITTA,
PINCODE-689645
19. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
MUNDAKAYAM GROUP, MUNDAKKAYAM P.O., KOTTAYAM DISTRICT,
PINCODE-686513 ADDITIONAL R18 AND R19 SUO MOTU IMPLEADED AS PER
ORDER DATED 03.06.2022 IN WP(C).3525/2022.
ADDITIONAL R20 AND R21 IMPLEADED
20. SREEDHARAN, AGED 65 YEARS, S/O.KANDAKOTHI, RESIDING AT THANNIMUTTIL
KALUVARA, KUPPAKAYAM, MUNDAKAYAM PO, IDUKKI DISTRICT, PIN-686513.
21. RAJAMMA, AGED 67 YEARS, D/O.KANDAKOTHI, RESIDING AT KANNATH,
KOMBUKUTTI, KUPPAKAYAM.P.O., MUNDAKAYAM, IDUKKI DITRICT, PIN 686513.
ADDITIONAL R20 AND R21 ARE IMPLEADED AS PER ORDER DATED 24-06-2022
IN IA 7/2022 IN WP(C) 3525/2022.
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 direct the respondents 1 and 2 to properly maintain the 12 Kms
road starts at Mile No.35 to Valliyamkavu Devi Temple through 8th
respondent's estate to ply the vehicles pending decision on the writ
petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
04.07.2022 and upon hearing the arguments of M/S D.AJITHKUMAR and HARSHA
S. NAIR, Advocates for the petitioner, SRI.G.BIJU, STANDING COUNSEL for
R5, R6, R7, R18 and R19, SRI. JOSEPH KODIANTHARA, Senior Advocate along
with M/s. V.ABRAHAM MARKOS, ABRAHAM JOSEPH MARKOS, ALEXANDER JOSEPH
MARKOS, SHARAD JOSEPH KODANTHARA and ISAAC THOMAS, Advocates for R8, SRI.
NIDHIN RAJ VETTIKKADAN, Advocate for R9, M/s. S.JAYAKRISHNAN and S.SUBHASH
CHAND, Advocates for Addl. R10, M/S. K.S.ARUNKUMAR, RAJEE P.MATHEWS,
AISWARYA E.J. VETTIKOMPIL and JUSTIN DAVID, Advocates for R14, M/s.
V.H.JASMINE, JESWIN P.VARGHESE and REETHU JOSEPH, Advocates for R15, R17,
M/S. C.A.NAVAS, T.K.SASIKUMAR, Advocates for Addl. R16, SRI.
V.N.SASIDHARAN, Advocate for R20 and R21 and of SRI. C.S.MANILAL, ADVOCATE
COMMISSIONER, the court passed the following:
P.T.O
1
D.B.P.No.32 of 2022 & conn.cases
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------------
DBP No.32 of 2022, W.P.(C) Nos.19282 &
21054 of 2021, W.P.(C) Nos.3525 & 6259 of 2022
------------------------------------------------------------
Dated this the 6th day of July, 2022
ORDER
Anil K. Narendran, J.
DBP No.32 of 2022
By order dated 04.07.2022, the additional 9th respondent
Station House officer, Peruvanthanam Police Station was directed to
take steps to remove the board unauthorisedy erected on the side
of the Valliyamkavu-Thekkemala Road, in which it was written as
'Valliyamkavu Devi Temple Parking'. In addition to the name of the
additional 10th respondent's hotel, even the name of Travancore
Devaswom Board and name of Melsanthi of the Temple were written
on that board.
2. In Suneesh K.S. v. Travancore Devaswom Board
and others [ILR 2022 (1) Kerala 1091] this Court held that, in
case any trader, who is conducting stall outside the temple
premises, after obtaining necessary licence from the concerned
Municipality or Grama Panchayat, is exhibiting in front of his stall
either the name of Travancore Devaswom Board or the name of the
deity or temple, the concerned Assistant Devaswom Commissioner
D.B.P.No.32 of 2022 & conn.cases
and the Administrative Officer shall bring it to the notice of the
Secretary of the concerned Municipality or Grama Panchayat, as the
case may be, and also the Station House Officer of the concerned
Police Station. On receipt of any such complaint, the Secretary of
the concerned Municipality or Grama Panchayat and the Station
House Officer of the concerned Police Station shall take necessary
action against such a trader, in accordance with law. The Secretary
of the Travancore Devaswom Board was directed to issue a circular,
within one month from the date of receipt of a certified copy of that
judgment, requiring the concerned Assistant Devaswom
Commissioner and the Administrative Officer to take necessary
action, in terms of the above directions contained in that judgment.
3. Today, when this case is taken up for consideration, the
learned Senior Government Pleader would submit that, by the time
the additional 9th respondent Station House Officer reached the
spot, the aforesaid board has already been removed.
4. The learned counsel for the 8th respondent Company
would point out that there is no private land in the area in question.
There is only Devaswom land and the land owned by the Company.
5. The learned counsel for the additional 10th respondent
seeks time to place on record the title deed of the 10th respondent's
property along with an affidavit of the said respondent in DBP No.32
D.B.P.No.32 of 2022 & conn.cases
of 2022, explaining the facts and circumstances in which such a
board was erected on the side of the Valliyamkavu-Thekkemala
Road. The copy of title deed along with the affidavit to be placed on
record by 08.09.2022.
6. The learned Standing Counsel for the 7th respondent
Grama Panchayat is directed to make available for the perusal of
this Court the files relating to the building permits granted to the
additional 10th respondent and also his application for licence for
conducting his hotel.
List on 12.07.2022 along with connected cases.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
06-07-2022 /True Copy/ Assistant Registrar
