Kerala High Court
K K Padmanabhan vs State Of Kerala on 7 July, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.P.(C)No.24687 of 2025 1 2025:KER:49616
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
W.P.(C)NO.24687 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
TAVANCORE DEVASWOM BOARD HEADQUARTERS, DEVASWOM
BUILDINGS, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
PIN - 695003
W.P.(C)No.24687 of 2025 2 2025:KER:49616
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
11 JOSHY P
S/O PRABHAKARAN, 17/4257, KAILASAM, PATTOPM,
GOURISHAPATTOM, THIRUVANANTHAPURAM, PIN - 695502
BY ADVS.
SRI.S.SUJIN
SRI.SANTHEEP ANKARATH
SMT.BHAVANA J. MENON
SRI.P.K.SURESH KUMAR (SR.)
OTHER PRESENT:
SRI. S. RAJMOHAN, SR. GP; SRI. G. BIJU, SC, TDB,
SMT. CHITHRA CHANDRASEKHARAN, SC, ERUMELY
GRAMAPANCHAYAT
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.24687 of 2025 3 2025:KER:49616
JUDGMENT
Anil K. Narendran, J.
The petitioner, who is a devotee of Lord Ayyappa of
Sabarimala Sree Dharma Sastha Temple and Erumeli Sree Dharma
Sastha Temple, which are temples under the management of the
4th respondent Travancore Devaswom Board, had earlier filed
W.P.(C)No.24088 of 2025, which was dismissed as withdrawn by
Ext.P7 judgment dated 03.07.2025, without prejudice to the right
of the petitioner to file a fresh writ petition with proper parties in
the party array. In paragraph 4 of Ext.P7 judgment, this Court
noticed the submission made by the learned Standing Counsel for
the 8th respondent Erumeli Grama Panchayat, on instructions
received from the Secretary of the Grama Panchayat, that no
building permit has been granted for the construction of a temple
for 'Vapura Swamy' at Erumeli, and also the submission made by
the learned Senior Counsel for the 9th respondent Vishwa Hindu
Parishad, as instructed by the learned instructing counsel, that
Vishwa Hindu Parishad has absolutely no connection whatsoever
with the construction of the temple for 'Vapura Swamy' at Erumeli.
2. In this writ petition filed on 04.07.2025, the petitioner
W.P.(C)No.24687 of 2025 4 2025:KER:49616
has arrayed the 11th respondent, the owner of 49 cents of land
comprised in Block No.024, Survey No.102/4/3/1 of Erumeli
Thekku Village, where the construction of the temple for 'Vapura
Swamy' at Erumeli is going on. The document marked as Ext.P2 is
a copy of the relevant page of the encumbrance record of the said
property. Going by the averments in the writ petition, the
installation of the Balalaya for Vapura Swamy is scheduled to be
held on 07.07.2025, with subsequent ceremonies on 12.07.2025.
In the writ petition, it is alleged that there is involvement of the
9th respondent Vishwa Hindu Parishad in the construction of Vapura
Swamy Temple at Erumeli, and that the construction of the temple,
in the property covered by Ext.P2 encumbrance record, is without
obtaining development permit/building permit from the 8 th
respondent Erumeli Grama Panchayat.
3. On 04.07.2025, when this writ petition came up for
admission, it was admitted on file. 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 learned Standing Counsel for Erumeli Grama
Panchayat for the 8th respondent. The learned Senior Counsel
W.P.(C)No.24687 of 2025 5 2025:KER:49616
entered appearance for the 9th respondent, as instructed by the
learned instructing counsel. Urgent notice by special messenger
was ordered to the 11th respondent, returnable by today
(07.07.2025). This Court granted an interim order on 04.07.2025.
Paragraphs 6 to 9 of that order read thus;
"6. The learned counsel for the petitioner would point out the
statutory provisions contained in Rule 4(2) and also Rule 5,
read with the Schedule thereto (Sl.No.5) of the Kerala
Panchayat Building Rules, 2019, in order to contend that the
construction that is being undertaken in the property of the
11th respondent, referred to in Ext.P2 relevant page of the
encumbrance record, is an unauthorised construction without
obtaining necessary development permit/building permit.
The learned counsel would also point out the provisions
contained in Section 252(1)(b) of the Kerala Panchayat Raj
Act, 1994.
7. The learned Standing Counsel for the 8th respondent
Erumeli Grama Panchayat would submit that no application
for development permit/building permit under the provisions
of Rule 5 of the Kerala Panchayat Building Rules, 2019 has
been made by the 11th respondent or any other person having
interest in that land, for undertaking the construction of
Vapura Swamy Temple.
8. The submission of the learned Senior Counsel for the 9 th
respondent Vishwa Hindu Parishad, on instructions through
the learned instructing counsel, is that the said organisation
has absolutely no connection with any activity being
W.P.(C)No.24687 of 2025 6 2025:KER:49616
undertaken in the property in question for construction of
Vapura Swamy Temple.
9. Having considered the pleadings and materials on record
and also the preliminary submissions made at the Bar, we
deem it appropriate to issue an interim order directing the
Secretary of the 8th respondent Erumeli Grama Panchayat to
take necessary steps to ensure that no construction activities
of Vapura Swamy Temple at Erumeli are undertaken in the
property owned by the 11th respondent, referred to in Ext.P2
relevant pages of the encumbrance record, without obtaining
necessary development permit/building permit, as per the
mandate of Rule 5 of the Kerala Panchayat Building Rules and
complying with other statutory requirements. In case any
police assistance is necessary, it is for the Secretary of the 8th
respondent Grama Panchayat to approach the 10th
respondent Station House Officer, Erumeli Police Station,
invoking the provisions under Section 252(1)(b) of the Kerala
Panchayat Raj Act, in which event, the Station House Officer
shall render necessary assistances, as per the statutory
mandate of Section 252(1)(b). It would be open to the 10th
respondent Station House Officer to report the issue to the
District Police Chief, Kottayam, if found necessary, in order to
ensure that there is no law and order issues in the locality."
4. Heard the learned counsel for the petitioner, the learned
Senior Government Pleader for respondents 1 to 3 and 10, the
learned Standing Counsel for Travancore Devaswom Board for
respondents 4 to 7, the learned Standing Counsel for Erumeli
W.P.(C)No.24687 of 2025 7 2025:KER:49616
Grama Panchayat for the 8th respondent, the learned Senior
Counsel for the 9th respondent and also Sri.P.K. Suresh Kumar, the
learned Senior Counsel for the 11th respondent, as instructed by
Sri.Santheep Ankarath, the learned instructing counsel.
5. The learned Senior Counsel for the 11th respondent, as
instructed by the learned instructing counsel, would submit that a
small building constructed by the said respondent in the property
having an extent of 49 cents in Block No.024, Sy.No.102/4/3/1 of
Erumeli Thekku Village, for storing pooja materials for the purpose
of performing certain poojas, has already been demolished since
the said construction was one made without obtaining building
permit from the 8th respondent Erumeli Grama Panchayat. The 11th
respondent has no intention to construct any temple in the
property in question, without complying with the statutory
requirements of the provisions referred to in the order of this Court
dated 04.07.2025. For the time being, the 11th respondent intends
to perform certain poojas in the property in question.
6. The learned Standing Counsel for the 8th respondent
Erumeli Grama Panchayat, on instructions from the Secretary of
the Grama Panchayat, would submit that the 11th respondent was
W.P.(C)No.24687 of 2025 8 2025:KER:49616
issued with a stop memo on 05.07.2025 regarding the construction
undertaken in the property in question, without complying with the
statutory requirements of the provisions referred to in the order of
this Court dated 04.07.2025. On receipt of the said stop memo,
the 11th respondent had already removed the construction made
in the said property.
7. During the course of arguments, it is not in serious
dispute that the construction made by the 11th respondent in the
property in question, in respect of which a stop memo was issued
on 05.07.2025 by the 8th respondent Erumeli Grama Panchayat,
had already been demolished.
In such circumstances, this writ petition is disposed of after
recording the submission made by the learned Senior Counsel for
the 11th respondent, as instructed by the learned instructing
counsel, and that of the learned Standing Counsel for the 8th
respondent Grama Panchayat that the building constructed by the
11th respondent in the property having an extent of 49 cents in
Block No.024, Sy.No.102/4/3/1 of Erumeli Thekku Village, had
already been demolished. The further submission of the learned
Senior Counsel for the 11th respondent that the said respondent
W.P.(C)No.24687 of 2025 9 2025:KER:49616
has no intention to construct any temple in the property in
question, without complying with the statutory requirements of the
provisions referred to in the order of this Court dated 04.07.2025,
is recorded. The direction contained in the order of this Court dated
04.07.2025, directing the 10th respondent Station House Officer to
maintain the law and order in the locality, if found necessary, after
reporting the issue to the District Police Chief, Kottayam, shall
continue to be in force.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
MIN
W.P.(C)No.24687 of 2025 10 2025:KER:49616
APPENDIX OF WP(C) 24687/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NEWS REPORT PUBLISHED IN THE
ONLINE MEDIA NAMELY SABARIMALA UPDATES DATED
08.04.2025
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF ENCUMBRANCE
RECORD OF THE PROPERTY HAVING AN EXTENT OF
APPROXIMATELY 49 CENTS COMPRISED IN BLOCK
NO.024, SY.NO.102/4/3/1 WHICH BELONGS TO THE
11TH RESPONDENT, SHRI JOSHI.P
Exhibit P3 TRUE COPY OF THE PETITION DATED 28.06.2025 OF
THE PETITIONER GIVEN TO THE 8TH RESPONDENT
PANCHAYAT
Exhibit P4 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 P5 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 P6 TRUE COPY OF THE PETITION DATED 28.06.2025 OF
THE PETITIONER TO THE 2ND RESPONDENT/DISTRICT
COLLECTOR, KOTTAYAM
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH
COURT OF KERALA IN W.P.(C) NO. 24088 OF 2025
DATED 3.7.2025
