Kerala High Court
Soman P.K vs State Of Kerala on 3 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944
WP(C) NO. 3525 OF 2022(M)
PETITIONER:
SOMAN P.K., AGED 68, S/O. KRISHNANKUTTI, VALLIYANKAVU,
VADAKKEKKARA, 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 P.O,
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, PERUVANTHANAM 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 14 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- 689 645.
19. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,
MUNDAKAYAM GROUP, MUNDAKKAYAM P.O., KOTTAYAM DISTRICT, PINCODE-686
513
ADDITIONAL R18 AND R19 SUO MOTU IMPLEADED AS PER ORDER DATED
03.06.2022 IN WPC 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
25.05.2022 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
and R6, SRI. JOSEPH KODIANTHARA, Senior Advocate along with M/s. 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.ARUN KUMAR, RAJEE P. MATHEWS, JUSTIN
DAVID, AISWARYA E J VETTIKOMPIL, Advocates for Addl. R14, M/s.
V.H.JASMINE, JESWIN P.VARGHESE and REETHU JACOB, Advocates for Addl. R15,
M/s. C.A.NAVAS and T.K.SASIKUMAR, Advocates for Addl. R16, STANDING
COUNSEL for Addl. R18 and R19 and of SRI. C.S. MANILAL, ADVOCATE
COMMISSIONER, the court passed the following:
P.T.O
EXHIBIT R10(C):TRUE COPY OF JUDGMENT DATED 01-02-2022 IN W.P.(C) NO.
19896/2021 OF THIS HON'BLE COURT
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
------------------------------------------------------
W.P.(C)No.3525 of 2022
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Dated this the 3rd day of June, 2022
ORDER
Anil K. Narendran, J.
The report of the learned Advocate Commissioner is placed
on record.
2. The learned counsel for additional 15 th and 16th
respondents and also the learned counsel for additional 17 th
respondent seek a short adjournment to file objections, if any, to
the report of the learned Advocate Commissioner.
3. The Deputy Devaswom Commissioner, Travancore
Devaswom Board, Travancore Devaswom Board Building,
Kumbazha Road, Pathanamthitta, Pin code - 689 645 and also the
Assistant Devaswom Commissioner, Travancore Devaswom Board,
Mundakayam Group, Mundakkayam P.O., Kottayam District, Pin
code - 686 513 are suo motu impleaded as the additional
respondents 18 and 19.
4. Registry to carry out necessary corrections in the cause
title.
5. The learned Standing Counsel enters appearance for
additional respondents 18 and 19.
6. In Ext.R10(C) judgment dated 01.02.2022, the 3 rd
respondent Deputy Devaswom Commissioner and also the 4 th
W.P.(C)No.3525 of 2022
respondent Assistant Devaswom Commissioner were directed to
make alternate arrangement for the sale of pooja items and flower
garlands in the premises of Valliyankavu Devi Temple, for the
period till 31.04.2022, in accordance with law. In that judgment,
we have issued various directions regarding sale of pooja items
and flower garlands in the premises of Valliyankavu Devi Temple
and also in other temples under the management of the
Travancore Devaswom Board. The 2 nd respondent Devaswom
Commissioner was directed to issue circulars in order to ensure
strict compliance of the directions contained in the judgment by all
concerned.
7. The additional 17th respondent herein was the 6th
respondent in W.P.(C)No.19896 of 2021.
8. Having perused the report of the learned Advocate
Commissioner, we deem it appropriate to direct the 6 th respondent
Devaswom Commissioner to file an affidavit explaining the steps
already taken to ensure strict compliance of the directions
contained in Ext.R10(C) judgment of this Court dated 01.02.2022
in W.P.(C)No.19896 of 2021.
9. The 7th respondent Administrative Officer, the additional
18th respondent Deputy Devaswom Commissioner and the
W.P.(C)No.3525 of 2022
additional 19th respondent Assistant Devaswom Commissioner shall
file individual affidavits before this Court, before the next posting
date, explaining the steps already taken to ensure compliance of
the directions contained in paragraph 71 of Ext.R10(C) judgment
and also the steps taken for auctioning the right to sell pooja items
and flower garlands in the premises of Valliyankavu Devi Temple,
after the period specified in that order. The 7 th respondent
Administrative Officer shall also state the steps already taken
against the unauthorised sale of pooja items and flower garlands
outside the premises of Valliyankavu Devi Temple, in compliance of
the directions contained in paragraph 47 of Ext.R10(C) judgment.
10. The Deputy Devaswom Commissioner and the
Assistant Devaswom Commissioner, additional respondents 18 and
19 and also the 7th respondent Administrative Officer shall take
necessary steps to open stalls for sale of pooja items and flower
garlands inside the temple premises, departmentally, from
06.06.2022 onwards. The Secretary of the 9 th respondent Grama
Panchayat and also the additional 11th respondent Station House
Officer shall take necessary steps to ensure that no sale of pooja
items and flower garlands are permitted outside the temple
premises, without obtaining necessary licence from the Grama
W.P.(C)No.3525 of 2022
Panchayat.
11. The 7th respondent Administrative Officer shall pay a
sum of Rs.10,000/- to the learned Advocate Commissioner towards
his remuneration, inclusive of expenses, which shall be paid within
two weeks.
12. The learned Standing Counsel for Grama Panchayat
shall make available for the perusal of this Court the files relating
to the application made by additional 15 th to 17th respondent, for
obtaining licence to conduct stalls outside the temple premises.
List on 08.06.2022, along with connected cases.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
03-06-2022 /True Copy/ Assistant Registrar
