Kerala High Court
K K Padmanabhan vs State Of Kerala on 3 July, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
WP(C) NO. 24088 OF 2025 1 2025:KER:48575
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 24088 OF 2025
PETITIONER:
K K PADMANABHAN
AGED 65 YEARS
S/O KESAVAN, PREETHA BHAVAN, NANDYATTUKUNNAM, NORTH
PARAVUR, ERNAKULAM DISTRICT, PIN - 683513.
BY ADVS.
SRI.D.AJITHKUMAR
SMT.T.MANASY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, DISTRICT
COLLECTORATE OFFICE, KUMILY ROAD,
KOTTAYAM, PIN - 686002.
3 REVENUE DIVISIONAL OFFICER,
SECOND FLOOR, MINI CIVIL STATION, PUTHENAGADY,
KOTTAYAM, PIN - 686001.
4 TRAVANCORE DEVASWOM BOARD,
TRAVANCORE DEVASWOM BOARD, TAVANCORE DEVASWOM BOARD
HEADQUARTERS, DEVASWOM BUILDINGS, NANTHANCODE, KAWDIAR
POST, THIRUVANANTHAPURAM, REPRESENTED BY ITS
WP(C) NO. 24088 OF 2025 2 2025:KER:48575
SECRETARY, PIN - 695003.
5 THE SECRETARY
TRAVANCORE DEVASWOM BOARD, TAVANCORE DEVASWOM BOARD
HEADQUARTERS, DEVASWOM BUILDINGS, NANTHANCODE, KAWDIAR
POST, THIRUVANANTHAPURAM, PIN - 695003.
6 DEVASWOM COMMISSIONER,
TRAVANCORE DEVASWOM BOARD, TAVANCORE DEVASWOM BOARD
HEADQUARTERS, DEVASWOM BUILDINGS, NANTHANCODE, KAWDIAR
POST, THIRUVANANTHAPURAM, PIN - 695003.
7 CHIEF VIGILANCE AND SECURITY OFFICER,
(SUPERINTENDENT OF POLICE-VIGILANCE), TRAVANCORE
DEVASWOM BOARD, TAVANCORE DEVASWOM BOARD HEADQUARTERS,
DEVASWOM BUILDINGS, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003.
8 ERUMELI GRAMA PANCHAYAT
ERUMELI, KOTTAYAM, REPRESENTED BY ITS SECRETARY,
PIN - 686509.
9 VISHWA HINDU PARISHAD,
VHP SAMSKAREEKA KENDRAM, KALOOR, KOCHI, REPRESENTED BY
ITS PRESIDENT, PIN - 682017.
10 STATION HOUSE OFFICER,
ERUMELI POLICE STATION, ERUMELI, KOTTAYAM,
PIN - 686509.
BY ADV SMT.CHITHRA CHANDRASEKHARAN, SC, ERUMELY GRAMA
PANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 24088 OF 2025 3 2025:KER:48575
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of Lord Ayyappa of
Sabarimala Sree Dharma Sastha Temple and Sree Dharma Sastha
Temple, Erumeli, which are temples under the management of the
4th respondent Travancore Devaswom Board, has filed this writ
petition invoking the writ jurisdiction of this Court under Article
226 of the Constitution of India, seeking the following reliefs;
"(i) To issue a writ of mandamus directing the 2nd respondent to
take necessary action on Exhibit P5 petition of the petitioner
forthwith.
(ii) To issue a writ of mandamus or other appropriate writ order
or direction directing the 8th respondent Panchayat to issue
necessary orders on Exhibit P2 petition to stop all the construction
of the 'Vapura Swamy' temple at the Ayyappan Kavu near the
Puthan Kavu, opposite the parking ground of the historically
significant Vavar Mosque forthwith.
(iii) To issue a writ of mandamus directing the 2nd and 10th
respondents to take necessary action against the 9th respondent
and its members for disturbing the communal harmony in the
region."
2. On 01.07.2025, when this writ petition came up for
admission, the learned Senior Government Pleader took notice for
respondents 1 to 3 and 10, the learned Standing Counsel for
Travancore Devaswom Board for respondents 4 to 7 and the
WP(C) NO. 24088 OF 2025 4 2025:KER:48575
learned Standing Counsel for Erumeli Grama Panchayat for the 8th
respondent. Urgent notice on admission by special messenger was
ordered to the 9th respondent, returnable by 03.07.2025. The
learned Senior Government Pleader and the respective Standing
Counsel for Travancore Devaswom Board and Erumeli Grama
Panchayat were directed to get instructions.
3. Today, when this matter is taken up for consideration,
the 9th respondent enters appearance through the learned Senior
Counsel Sri.N.N. Sugunapalan as instructed by Sri.S.Sujin, the
learned instructing counsel.
4. The learned Senior Counsel, on instructions, would
submit that the 9th respondent Vishwa Hindu Parishad has absolutely
no connection whatsoever with the construction of the temple for
'Vapura Swamy' at Erumeli.
5. The learned Standing Counsel for the 8th respondent
Erumeli Grama Panchayat, on instructions received from the
Secretary of the Grama Panchayat, would submit that no building
permit has been granted for the construction of the temple in
question.
6. After arguing for some time, the learned counsel for the
petitioner seeks permission to withdraw this writ petition, without
WP(C) NO. 24088 OF 2025 5 2025:KER:48575
prejudice to the right of the petitioner to file a fresh writ petition with
proper parties in the party array.
Based on the aforesaid submission made by the learned
counsel for the petitioner, this writ petition is dismissed as
withdrawn; however, without prejudice to the aforesaid right of the
petitioner.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
DSV/-
WP(C) NO. 24088 OF 2025 6 2025:KER:48575
APPENDIX OF WP(C) 24088/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE COPY OF THE NEWS REPORT
PUBLISHED IN THE ONLINE MEDIA NAMELY
SABARIMALA UPDATES DATED 08.04.2025
Exhibit P2 TRUE COPY OF THE PETITION DATED 28.06.2025
OF THE PETITIONER GIVEN TO THE 8TH RESPONDENT
PANCHAYAT
Exhibit P3 TRUE COPY OF THE REPORT NO.CT 160/25/TDB/VIG
DATED 24.06.2025 SUBMITTED BY CHIEF VIGILANCE
AND SECURITY OFFICER, TRAVANCORE DEVASWOM
BOARD BEFORE THE PRESIDENT, TRAVANCORE
DEVASWOM BOARD OBTAINED UNDER RIGHT TO
INFORMATION ACT
Exhibit P4 TRUE COPY OF THE COMPLAINT VIDE R.O.C. NO.
6538/25/VIG DATED 26.06.2025 SUBMITTED BY
SECRETARY, BEFORE THE DISTRICT COLLECTOR,
KOTTAYAM OBTAINED UNDER RIGHT TO INFORMATION
ACT
Exhibit P5 TRUE COPY OF THE PETITION DATED 28.06.2025
OF THE PETITIONER TO THE 2ND RESPONDENT
COLLECTOR
