Kerala High Court
P.Sasidharan vs State Of Kerala on 3 November, 2022
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 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,
1944
W.P.(C) NO.17625 OF 2015
PETITIONERS:
1 PRADEESH A.N.,
S/O.NARAYANAN, AYINIPPULLY, PALAYOOR DESOM,
GURUVAYUR AMSOM, GURUVAYUR VILLAGE, CHAVAKKAD
TALUK, THRISSUR DISTRICT,
2 SASI,
S/O.VASU, RESIDING AT EZHUTHASSAM VEEDU,
MANATHALA VILLAGE, CHAVAKKAD TALUK, THRISSUR
DISTRICT
BY ADVS.
SRI.K.RAMAKUMAR (SR.)
SMT.ASHA BABU
SMT.AMMU CHARLES
SRI.C.DINESH
SMT.JINNU SARA GEORGE
SRI.G.RENJITH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE (DEVASWOM), GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695001
2 THE GURUVAYUR DEVASWOM MANAGING COMMITTEE,
GURUVAYUR - 680101, REPRESENTED BY ITS
CHAIRMAN
3 THE GURUVAYUR DEVASWOM,
REPRESENTED BY ITS ADMINISTRATOR,
2
W.P.(C)Nos.17625 of 2015 and conne. case
GURUVAYUR - 680101
BY ADVS.
SRI. T.K.VIPINDAS, SC, GURUVAYUR DEVASWOM
BOARD
SRI.P.GOPAL
OTHER PRESENT:
SRI. S. RAJMOHAN - SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2022, ALONG WITH WP(C).27403/2015, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
W.P.(C)Nos.17625 of 2015 and conne. case
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 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA,
1944
W.P.(C)NO.27403 OF 2015
PETITIONERS:
1 P.SASIDHARAN,
AGED 60 YEARS,
S/O.PARAMESWARAN, THEKKOOT HOUSE, THAIKKAD PO,
GURUVAYOOR, THRISSUR DISTRICT.
2 GURUVAYUR KSHTRA RAKSHA SAMITHI,
REPRESENTED BY ITS GENERAL SECRETARY,
M.BIJESH, S/O.GOPALAKRISHNAN, AGED 34 YEARS,
MARATH HOUSE, THAMARAYUR PO, GURUVAYUR,
THRISSUR DISTRICT-680 505.
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
SRI.H.PRAVEEN KOTTARAKARA
SMT.D.S.THUSHARA
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL
SELF GOVERNMENT (RD) DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
2 THE CHIEF TOWN PLANNER,
PALAYAM, NANDAVANAM ROAD, PALAYAM,
THIRUVANANTHAPURAM-695 033.
3 GURUVAYUR MUNICIPALITY,
GURUVAYUR, THRISSUR DISTRICT-680 505,
4
W.P.(C)Nos.17625 of 2015 and conne. case
REPRESENTED BY ITS SECRETARY.
4 THE ADMINISTRATOR GURUVAYUR DEVASWOM,
GURUVAYUR, THRISSUR DISTRICT-680 505.
5 THE DISTRICT TOWN PLANNER,
AYYANTHOLE, THRISSUR DISTRICT-680 003.
BY ADVS.
GOVERNMENT PLEADER
P.A.AHAMMED
P.GOPAL
M.SREEKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2022, ALONG WITH WP(C).17625/2015, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
5
W.P.(C)Nos.17625 of 2015 and conne. case
JUDGMENT
Anil K. Narendran, J.
Since common issue is involved, these writ petitions are
heard together and are being disposed of by this common
judgment.
2. W.P.(C)No.17625 of 2015:- The petitioners have
filed this writ petition under Article 226 of the Constitution of
India to declare that the proposal to shift the 'queue complex'
from one and a half acres of land already acquired on the
southern side of Sree Krishna Temple, Guruvayur to lesser
extent in the crowded eastern side of that temple is totally
malafide and injurious to the interest of Devaswom and
devotees and will not meet the purpose of construction of a
'queue complex'; to declare that the attempt to tender the
construction of a 'queue complex' without finalising the
proposal without awaiting the master plan, is violative of
Articles 25 and 26 of the Constitution of India; to issue a writ
of mandamus forbearing the respondents from shifting the
construction of the 'queue complex' from the southern side of
the temple to the eastern side of the temple or acquire the
lands for the same until the master plan is approved as
W.P.(C)Nos.17625 of 2015 and conne. case
decided by the Government of Kerala and the Guruvayur
Devaswom.
2.1. On 17.06.2015, when this writ petition came up
for consideration, this Court directed respondents 2 and 3 to
file an affidavit regarding the present stage of any proposal
for construction of 'queue complex' at Sathram complex in
the eastern side of the temple.
2.2. The 3rd respondent has filed an affidavit, dated
17.06.2015, explaining the facts and circumstances. The
petitioner has filed a reply affidavit dated 12.07.2015.
3. W.P.(C)No.27403 of 2015: The petitioners have
filed this writ petition, seeking a writ of certiorari to quash
Ext.P8 Government Order dated 13.08.2015, granting
exemption under Rule 3C of the Kerala Municipality Building
Rules, 1999 for the construction of 'queue complex' and
multi-level car parking in Sree Krishna Temple, Guruvayur.
The petitioners have also sought for a writ of mandamus
commanding the respondents to comply with the provisions
of the Kerala Municipality Building Rules, strictly in the event
of granting building permit for construction of any queue
complex and car parking area in Guruvayur Temple.
W.P.(C)Nos.17625 of 2015 and conne. case
3.1. On 10.09.2015, when this writ petition came up
for admission, this Court admitted the matter on file. The
learned Government Pleader took notice for respondents 1, 2
and 5. The learned Standing Counsel for Guruvayur
Municipality took notice for the 3rd respondent. The learned
Standing Counsel for Guruvayur Devaswom Managing
Committee took notice for the 4th respondent and the matter
was directed to post along with W.P.(C)No.17625 of 2015
before the Devaswom Bench.
3.2. The 4th respondent has filed a counter affidavit
dated 29.01.2016, opposing the reliefs sought for in this writ
petition. The petitioners have also filed a reply affidavit dated
06.02.2016. Respondents 1 and 2 have filed a counter
affidavit dated 18.02.2016.
4. Today, when this matter is taken up for
consideration, the 3rd respondent Guruvayur Municipality has
filed a counter affidavit dated 27.10.2022. Paragraphs 4 and
5 of that counter affidavit read thus;
"4. It is submitted that the construction of multilevel
car parking building had already been completed and
the 4th respondent applied for occupancy certificate
along with the completion plan. Then it was noted that
FIRE NOC was not obtained and hence notice dated
W.P.(C)Nos.17625 of 2015 and conne. case
12.03.2021 was issued directing the 4th respondent to
submit FIRE NOC. Later, the FIRE NOC was produced
and hence occupancy certificate dated 03.01.2022 was
issued to the multilevel car parking building. 5. It is
submitted that an application for building permit dated
05.08.2020 was submitted by the 4th respondent for
construction of Annalakshmi hall, que Complex, store
building and covered parking. Since the construction
requires layout approval of District Town Planner, as
per Rule 30 of KMBR 2019, the same was forwarded to
the District Town Planner on 11.09.2020. The office of
the District Town Planner issued letter dated
29.12.2020 noting certain defects and this fact was
intimated by the Municipality to the 4th respondent by
letter dated 14.01.2021. Again, letter dated
16.04.2021 was issued from the office of District Town
Planner noting defects and the same was informed by
the municipality to the 4th respondent by letter dated
08.07.2021. Thereafter, the 4th respondent submitted
revised plan dated 21.10.2021 for construction of
Annalakshmi hall alone and dropping the proposal to
construct que Complex, Store Building and covered
parking and the same has been forwarded to the
District Town Planner and the same is pending
consideration there."
5. Heard the learned counsel for the petitioner in the
respective writ petitions, the learned Senior Government
Pleader for official respondents, the learned Standing Counsel
for Guruvayur Devaswom Managing Committee and also the
W.P.(C)Nos.17625 of 2015 and conne. case
learned Standing Counsel for Guruvayur Municipality.
6. During the course of arguments, it is pointed out
that the construction of a multi-level car parking by
Guruvayur Devaswom Managing Committee has already been
completed, as stated in the counter affidavit filed by 3 rd
respondent. The learned counsel for the petitioner in the
respective writ petitions would submit that at present there is
no proposal for constructing a multi-level 'queue complex' at
Sree Krishna Temple at Guruvayur. In such circumstances,
these writ petition may be closed, leaving open the legal and
factual contentions raised by both sides.
Accordingly, taking note of the aforesaid submissions
made by the learned counsel on both sides, these writ
petitions are closed, taking note of the facts stated in
the counter affidavit filed by the 3rd respondent in
W.P.(C)No.27403 of 2015; however, leaving open the legal
and factual contentions raised by both sides.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
W.P.(C)Nos.17625 of 2015 and conne. case
APPENDIX OF WP(C) 27403/2015
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND PETITIONER
BEFORE RESPONDENTS 2 AND 3
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION
NO.E2/6237/15(3) DT 23-7-2015 SENT BY
THE 2ND RESPONDENT TO THE 2ND
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED
3.7.2015 FILED BEFORE THE RESPONDENTS
2 AND 3 BY THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE
THE 3RD RESPONDENT MUNICIPALITY DT
17-8-2015
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION
NO.E2/14684/15 SENT BY THE
MUNICIPALITY TO THE 1ST PETITIONER DT
25-8-2015.
EXHIBIT P6 TRUE COPY OF THE LETTER SENT BY THE
GURUVAYUR DEVASWOM MANAGING COMMITTEE
TO THE SECRETARY GURUVAYUR
MUNICIPALITY DT 2-7-2015.
EXHIBIT P7 TRUE COPY OF THE SCRUTINY REPORT
ISSUED BY THE PUBLIC INFORMATION OF
THE MUNICIPALITY.
EXHIBIT P8 TRUE COPY OF THE
GO(RT)NO.2523/2015/LSGD DT 13-8-2015.
RESPONDENT
EXHIBIT
EXHIBIT R4(A) TRUE COPY OF THE MINUTES OF THE
MEETING OF THE COMMITTEE DATED
5.08.2015
W.P.(C)Nos.17625 of 2015 and conne. case
APPENDIX OF WP(C) 17625/2015
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF PUBLIC NOTICE DTD
19/5/2015 PUBLISHED BY THE GURUVAYUR
DEVASWOM EMPLOYEES FEDERATION
EXHIBIT P2 TRUE COPY OF THE DECISION TAKEN BY
THE GURUVAYUR MANAGING COMMITTEE IN
ITS MEETING ON 14/12/2009
EXHIBIT P3 TRUE COPY OF THE COMMUNICATION DTD
28/2/2015 SENT BY DEPUTY
ADMINISTRATION (ADMN)OF GURUVAYUR
DEVASWOM
EXHIBIT P4 TRUE COPY OF DEVISION TAKEN BY THE
GURUVAYUR DEVASWOM MANGING COMMITTEE
IN ITS MEETING ON 22/1/2015
EXHIBIT P5 TRUE COPY OF THE ORDER DTD 2/11/2009
ISSUED BY THE IST RESPONDENT
EXHIBIT P6 TRUE COPY OF MINUTES OF THE MEETING
ON 22/7/2009 REGARDING THE
ACQUISITION OF THE LAND
RESPONDENTS
EXHIBIT
EXHIBIT R3(A) TRUE COPY OF THE RESOLUTION NO.24
DATED 30.08.2014 OF THE DEVASWOM
EXHIBIT R3(B) TRUE COPY OF THE LETTER OF THE
DEVASWOM DATED 20.06.2015
