Kerala High Court
Suo Motu 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
DBP NO. 32 OF 2022
IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - MATTER PERTAINING TO VALLIYAMKAVU
DEVI TEMPLE - SUO MOTU PROCEEDINGS INITIATED BASED ON A COMPLAINT DATED NIL -
REG:
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PETITIONER:
SUO MOTU
RESPONDENTS:
1. STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001
2. THE DISTRICT COLLECTOR
COLLECTORATE, IDUKKI, PIN- 685602
3. THE VILLAGE OFFICER
PERUVANTHANAM VILLAGE, IDUKKI, PIN-685532
4. THE TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST,
THIRUVANANTHAPURAM - 695003
5. THE DEVASWOM COMMISSIONER
NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM- 695003.
6. THE ADMINISTRATIVE OFFICER
VALLIYAMKAVU DEVI TEMPLE, PALOORKAVU P.O., PEERMEDU TALUK,
PERUVANTHANAM VILLAGE, IDUKKI, PIN- 685532.
7. PERUVANTHANAM GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, PERUVANTHANAM,
PERUVANTHANAM P.O., IDUKKI, PIN-685532
8. TRAVANCORE RUBBER AND TEA COMPANY,
PERUVANTHANAM VILLAGE, PEERMEDU TALUK, IDUKKI,
REGISTERED OFFICE AT PATTOM PALACE P.O., THIRUVANANTHAPURAM
PIN-695004, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER
*ADDL.RESPONDENTS 9 TO 12 IMPLEADED
9. STATION HOUSE OFFICER,
PERUVANTHANAM POLICE STATION, PERUVANTHANAM P.O,
IDUKKI - 685532.
10. P.T.VISWANATHAN,
PERUMALIL, VALLIYAMKAVU-686 513
11. P.N.PRAMOD,
PADINJARETHARAYIL, KARIPPADAM P.O.,
THALAYOLAPARAMBU, VAIKOM, KOTTAYAM-686605
12. RADHA GANGADHARAN,
KANNATT, VALLIYAMKAVU, IDUKKI-685532
*ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 9 TO 12 VIDE ORDER
DATED 27/06/2022 IN DBP.NO.32/2022
BY STANDING COUNSEL, TRAVANCORE DEVASWOM BOARD FOR R4 TO R6
BY.SRI.NIDHIN RAJ VETTIKKADAN,SC,PERUVANTHANAM GRAMA PANCHAYAT (R7)
BY SRI.ABRAHAM JOSEPH MARKOS, ALEXANDER JOSEPH MARKOS
SHARAD JOSEPH KODANTHARA AND ISSAC THOMAS, ADVOCATES FOR
TRAVANCORE RUBBER AND TEA COMPANY (R8)
BY GOVERNMENT PLEADER FOR R1 TO R3 AND ADDL.R9
BY SRI.N.ASHOK KUMAR, ADVOCATE FOR ADDL.R10
BY M/S.JASMINE V.H., JESWIN P.VARGHESE and REETHU JACOB, ADVOCATES
FOR ADDL.R12
BY SRI.SUBASH CHAND FOR ADDL.R11
THE DEVASWOM BOARD PETITION HAVING COME UP FOR ORDERS AGAIN ON 06/07/2022,
UPON PERUSING THE PETITION AND THIS COURT'S ORDER DATED 04/07/2022, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING.
1
D.B.P.No.32 of 2022 & conn.cases
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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DBP No.32 of 2022, W.P.(C) Nos.19282 &
21054 of 2021, W.P.(C) Nos.3525 & 6259 of 2022
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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
