Kerala High Court
Viswa Hindu Parishad vs State Of Kerala on 27 January, 2023
WP(C) No.2676/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Friday, the 27th day of January 2023 / 7th Magha, 1944
WP(C) NO. 2676 OF 2023
PETITIONER:
1. VISWA HINDU PARISHAD, VHP KENDRA KARYALAYA, PAVAKKULAM TEMPLE
COMPLEX, KALOOR, KOCHI- 682017 REPRESENTED BY ITS JOINT SECRETARY,
ABINU SURESH T
2. HINDU AIKYA VEDI, SATHYANANDA BHAVAN, 4TH FLOOR- SITHARAM COMPLEX,
CHITTOOR ROAD, KACHERIPADY, ERNAKULAM- 682018, REP BY ITS JILLA
WORKING PRESIDENT P.C BABU.
RESPONDENTS:
1. STATE OF KERALA, REP BY IT'S PRINCIPAL SECRETARY, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001
2. ALUVA MUNICIPALITY, REP BY IT'S SECRETARY, MUNICIPALITY OF ALUVA,
PWD QUARTERS, PERIYAR NAGAR, ALUVA, ERNAKULAM- 683101
3. THE SECRETARY, ALUVA MUNICIPALITY, MUNICIPALITY OF ALUVA, PWD
QUARTERS, PERIYAR NAGAR, ALUVA, ERNAKULAM- 683101
4. TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE,
KOWDIAR POST, THIRUVANANTHAPURAM, KERALA- 695003, REPRESENTED BY ITS
SECRETARY
5. THE DISTRICT COLLECTOR, ERNAKULAM, FIRST FLOOR, CIVIL STATION,
KAKKANAD, ERNAKULAM- 682030
6. FUN WORLD AND RESORTS (INDIA) PVT LTD, PALACE GROUNDS, OPP T.V
TOWER, J.C NAGAR, BENGALURU, KARNATAKA - 560006 REPRESENTED BY SRI.
VINOD KUMAR SABHARWAL, MANAGING DIRECTOR
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 restrain the 2nd and 3rd respondents from leasing out/
allotting any portion of Aluva Sivarathri Manappuram to any private agency
or public establishment for the conduct of any trade fair in connection
with the Annual Sivarathri festival in February 2023 pending disposal of
this writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
m/s.M.P.ASHOK KUMAR, BINDU SREEDHAR, ASIF N, Advocates for the petitioners
and STANDING COUNSEL for R2 & R3, the court passed the following:
WP(C) No.2676/2023 2/4
ANIL K. NARENDRAN & M.R.ANITHA, JJ.
------------------------------
W.P(C)No.2676 of 2023
-----------------------------------
Dated this the 27th day of January, 2023
ORDER
Anil K. Narendran, J.
The issue involved in this writ petition relates to Aluva Sivarathri
Manappuram.
2. The issue regarding auctioning of Aluva Sivarathri Manappuram
in connection with Mahasivarathri Festival of the year 2022 was the subject
matter in a suo motu proceedings, which was registered as DBP No.6 of
2022 [Suo Motu v State of Kerala 2022 (3) KHC 413]. The Special
Leave Petition, i.e., S.L.P(C)No.13860 of 2022 filed challenging that order
ended in dismissal by the order dated 08.08.2022.
3. From the pleadings and materials on record and also the
submissions made at the Bar, we notice that the Devaswom land is having
an extent of 1.14 Acres in Sy.No.305/1B of Kadungallur Village. In addition
to this, 10.56 Acres of land in old Sy.No.339/1B of Aluva Village is under
the control of Aluva Devaswom, which is under the Management of the
Travancore Devaswom Board, on the strength of G.O(Ms.)No.977/Revenue
dated 09.11.1961 issued by the 1st respondent State. The issue in respect
of further extent of land, i.e., land in addition to 1.14 Acres in Sy.No.305/1B
of Kadungallur Village and 10.56 Acres of land in old Sy.No.339/1B of Aluva
WP(C) No.2676/2023 3/4
W.P(C)No.2676 of 2023
Village, was the subject matter in W.P(C)No.7504 of 2012 and DBP No.122
of 2012. That writ petition and DBP were disposed of by Ext.P5 judgment
dated 15.03.2018, with the directions contained therein.
4. During the course of arguments, on a query made by this Court,
the learned counsel for the petitioner would submit that the declaratory
reliefs sought for in this writ petition cover the land in excess of the
aforesaid 11.70 Acres (1.14 + 10.56).
5. The learned Standing Counsel for Aluva Municipality would
submit, on behalf of respondents 2 and 3, that Ext.P8 e-tender notification
dated 27.12.2022 is not in respect of the aforesaid land having an extent
of 11.70 Acres of land. The learned Standing counsel would submit that
counter affidavit on behalf of respondents 2 and 3 shall be placed on record
before the next posting date.
6. The learned Senior Government Pleader seeks time to get
instructions.
List on 31.01.2023.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
M.R. ANITHA, JUDGE
bkn/-
27-01-2023 /True Copy/ Assistant Registrar
WP(C) No.2676/2023 4/4
APPENDIX OF WP(C) 2676/2023
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP© 7504 OF 2012 DT
15/03/2018 PASSED BY THIS HON'BLE COURT
Exhibit P8 TRUE COPY OF NOTIFICATION DT 27/12/2022 PUBLISHED IN
MATHRUBHUMI DAILY
27-01-2023 /True Copy/ Assistant Registrar
