Kerala High Court
R.V. Babu vs * The State Of Kerala on 3 March, 2025
Author: Anil K. Narendran
Bench: Anil K. Narendran
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 1 2025:KER:18523
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 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
W.P.(C)NO.33516 OF 2023
PETITIONER:
R.V. BABU
AGED 52 YEARS
S/O. V. K. VISWANATHAN, RESIDING AT NALINAM, MOOKAMBIKA
ROAD, NORTH PARAVOOR, ERNAKULAM, KERALA, PIN - 683513
BY ADVS.
SAJITH KUMAR V.
VIVEK A.V.
SREEHARI V.S.
ARCHANA VIJAYAN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT
FOR DEVASWOM, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
DESCRIPTION OF 1ST RESPONDENT IS CORRECTED AS THE STATE OF
KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 (AS PER
ORDER DATED 12-10-2023)
2 THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE
REPRESENTED THROUGH ADMINISTRATOR, GURUVAYOOR DEVASWOM,
GURUVAYUR P.O., THRISSUR DISTRICT, PIN - 680101
3 THE ADMINISTRATOR
GURUVAYOOR DEVASWOM, GURUVAYUR P.O., THRISSUR DISTRICT,
PIN - 680101
4 THE CHAIRMAN
GURUVAYOOR DEVASWOM MANAGING COMMITTEE, GURUVAYOOR
DEVASWOM, GURUVAYUR P.O., THRISSUR DISTRICT, PIN - 680101
5 THE COMMISSIONER
GURUVAYOOR DEVASWOM, GURUVAYUR P.O., THRISSUR DISTRICT,
PIN - 680101
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 2 2025:KER:18523
6 THE SECRETARY,
GURUVAYOOR MUNICIPALITY, GURUVAYOOR, THRISSUR, PIN -
680101
DESCRIPTION OF 6TH RESPONDENT IS CORRECTED AS GURUVAYOOR
MUNICIPALITY, REPRESENTED BY ITS SECRETARY, GURUVAYOOR,
THRISSUR, PIN - 680101 (AS PER ORDER DATED 12-10-2023)
OTHER PRESENT
SRI. T.K. VIPINDAS, SC, GDB
SRI. V.N. HARIDAS, SC, GURUVAYOOR MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2025, ALONG WITH WP(C).35459/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 3 2025:KER:18523
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 3RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946
W.P.(C)NO.35459 OF 2023
PETITIONER:
BIJESH KUMAR.M
AGED 41 YEARS
S/O.GOPALAKRISHNAN, MARATH HOUSE, THAMARAYOOR.P.O.
GURUVAYURTHRISSUR DISTRICT., PIN - 680505
BY ADV JOSEPH GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE (DEVASWOM)
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 GURUVAYUR DEVASWOM COMMISSIONER
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3 GURUVAYUR DEVASWOM MANAGING COMMITTEE
GURUVAYUR DEVASWOM, GURUVAYUR-680101, REPRESENTED BY ITS
ADMINISTRATOR, PIN - 680101
4 THE ADMINISTRATOR
GURUVAYUR DEVASWOM, GURUVAYUR, PIN - 680101
5 GURUVAYUR MUNICIPALITY
GURUVAYUR, THRISSUR REPRESENTED BY ITS SECRETARY,
PIN - 680101
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2025, ALONG WITH WP(C).33516/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 4 2025:KER:18523
JUDGMENT
Anil K. Narendran, J.
The petitioners in these writ petitions are the devotees of
Guruvayur Sree Krishna Temple, which is under the management
of Guruvayur Devaswom Managing Committee constituted under
the Guruvayur Devaswom Act, 1978. W.P.(C)No.33516 of 2023 is
one filed under Article 226 of the Constitution of India, seeking a
writ of certiorari to quash Ext.P1 order dated 17.07.2023 of the
5th respondent Commissioner, Guruvayur Devaswom, granting
permission for constructing a railway underpass as access for
Thiruvenkidom Temple, which is a temple under the management
of Thirupathi Thirumala Devaswom. The petitioner has also
sought for other consequential reliefs in the said writ petition. In
W.P.(C)No. 35459 of 2023 the petitioner has sought for a writ of
certiorari to quash Ext.P8 decision No.71 dated 28.04.2023 of the
3rd respondent Guruvayur Devaswom Managing Committee and
Ext.P13 order dated 17.07.2023 of the 2nd respondent
Commissioner, Guruvayur Devaswom [which is Ext.P1 in
W.P.(C)No.33516 of 2023]. The petitioner has also sought for
other consequential reliefs.
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 5 2025:KER:18523
2. On 12.10.2023, when W.P.(C)No.33516 of 2023, came
up for admission, the learned Senior Government Pleader, the
learned Standing Counsel for Guruvayur Devaswom Managing
Committee and the learned Standing Counsel for
Guruvayur Municipality sought time to get instructions. By the
order dated 12.10.2023, this Court granted an order of 'status
quo' in respect of the project in question for a period of two
weeks. Paragraphs 3 to 5 of that order read thus;
"3. The learned Standing Counsel for the 6th respondent-
Municipality would submit that the proposal to have an
underpass and approach road is yet to be finalised.
4. The learned Standing Counsel for Guruvayur Devaswom
Managing Committee and the learned Standing Counsel for
Guruvayur Municipality shall make available for the perusal
of this Court the relevant files, on the next posting date.
5. The order of status quo as on today in respect of the
project in question shall be maintained for a period of two
weeks."
3. During the pendency of W.P.(C)No.33516 of 2023, the
second writ petition, i.e., W.P.(C)No.35459 of 2023 was filed,
which came up for admission on 28.10.2023. In the order dated
28.10.2023, this Court noticed the interim order of status quo
granted in the connected matter, i.e., W.P.(C)No.33516 of 2023.
The said interim order, which was extended from time to time, is
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 6 2025:KER:18523
still in force.
4. In W.P.(C)No.33516 of 2023, respondents 2 to 4 have
filed a counter affidavit dated 19.12.2023, producing therewith
Exts.R2(a) to R2(e) documents. The 6th respondent has filed a
counter affidavit dated 16.01.2024. The 5th respondent has also
filed a counter affidavit dated 22.10.2024.
5. Paragraphs 2 to 4 of the counter affidavit dated
19.12.2023 filed by respondents 2 to 4 in W.P.(C)No.33516 of
2023, read thus;
"2. It is submitted that the 6th respondent has requested
the Guruvayur Devaswom Managing Committee to provide
10.87 cents of land from "Thiruthikattu parambu" for the
development of approach road and construction of subway
near Thiruvenkitam Temple. Thereafter the 6th respondent
as per letter dated 18.03.2023 intimated that after the
combined inspection conducted by the officials of
Devaswom, Municipality and officials from the K-rail, it is
found that 9.62 cents of land is required for the railway
subway near Thiruvenkitam temple. The Guruvayur
Devaswom Managing Committee as per resolution No.71
dated 28.04.2023 decided to provide 9.62 cents of land to
the 6th respondent for the above purpose by retaining the
ownership in Devaswom subject to the further orders from
the 5th respondent. The true copy of the resolution No.71
of Guruvayur Devaswom Managing Committee dated
28.04.2023 is produced herewith and marked as Ext.R2(a).
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 7 2025:KER:18523
3. It is submitted that this respondent has communicated
Ext.R2(a) before the 5th respondent and requested to take
appropriate action in accordance with Section 11(3) of
Guruvayur Devaswom Act. The true copy of the
communication dated 24.05.2023 is produced herewith
and marked as Ext.R2(b). Thereafter, the 5th respondent
issued a notice as per Section 11(3) of Guruvayur
Devaswom Act and call for objection from the public as
stipulated by the Act. The true copy of the notice dated
15.06.2023 issued by the 5th respondent is produced
herewith and marked as Ext.R2(c). This respondent has
published Ext.R2(c) on the Devaswom notice board and
also in Guruvayur Devaswom website. After due
publication of Ext.R2(c) the 5th respondent has issued
Ext.P1 order permitting Devaswom to surrender or transfer
9.62 cents of land from Thiruthikattu parambu for the
construction of subway near Thiruvenkitam Temple.
4. It is submitted that thereafter on 11.09.2023 the 5th
respondent has issued another communication directed
the Devaswom to furnish a report regarding the benefits
specifically temple and the devotees by giving away the
possession of 9.62 land to the 6th respondent for the
construction of Thiruvenkitam Railway subway/approach
road. The true copy of the communication dated
11.09.2023 issued by the 5th respondent to the 2nd
respondent is produced herewith and marked as Ext.R2(d).
This respondent has filed a report before the 5th
respondent intimating the benefits of Temple and the
devotees by way of transfer of the property. The true copy
of the communication dated 17.10.2023 issued by the 5th
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 8 2025:KER:18523
respondent is produced herewith and marked as Ext.R2(e).
Even though Ext.R2(d) has been issued, it would not take
effect immediately. The proposal has to be accepted by the
Railway Authorities. The condition imposed by the 6th
respondent also has to be accepted by the Railway
Authorities only then Ext.R2(d) would take effect.
Therefore, the writ petition at this stage is highly
premature and is liable to be dismissed."
6. In W.P.(C)No.35459 of 2023, the 5th respondent has
filed a counter affidavit dated 16.01.2024, which was followed by
a counter affidavit dated 29.01.2024 filed by respondents 3 and
4, producing therewith Exts.R3(a) to R3(c) documents. The 2 nd
respondent has also filed a counter affidavit dated 22.10.2024.
7. On 30.01.2025, when these writ petitions came up for
consideration, the learned Standing Counsel for Guruvayur
Municipality, on instructions, submitted that there is a proposal
from Southern Railway for an underpass through an alternate
alignment, which will not in any manner affect the land of
Guruvayur Devaswom. The said proposal is being considered by
the Municipal Council on 30.01.2025.
8. On 24.02.2025, the learned Standing Counsel for
Guruvayur Municipality has made available for the perusal of this
Court a letter dated 04.11.2024 of the Divisional Manager,
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 9 2025:KER:18523
Southern Railway, accepting the alternate proposal for the
underpass, which will not affect the land of Guruvayur Devaswom.
9. The learned Standing Counsel for Guruvayur
Municipality has placed on record, along with I.A.No.1 of 2025 in
W.P.(C)No.35459 of 2023, a copy of the approval granted by
Southern Railway on 04.11.2024, a copy of the approved
construction sketch, etc., and also the copy of the Municipal
Council decision dated 30.01.2025. Paragraph 3 of the affidavit
filed in support of the said interlocutory application reads thus;
"3. It is respectfully submitted that the Southern Railway
has approved another alignment of Limited height use
subway Km 22/900. A true copy of the Approval letter
issued by the Southern Railway, dated 04.11.2024 is
produced herewith and may kindly be marked as
Ext.R5(a). A true copy of the construction sketch approved
by the Southern Railway is produced herewith and may
kindly be marked as Ext.R5(b). Later the Southern Railway
sought municipality approval for the changes in the
proposed road alignment. A true copy of the letter issued
from the Southern Railway dated NIL and inwarded in the
Municipal record as dated 16.01.2025 is produced
herewith and may kindly be marked as Ext.R5(c). On the
basis of the above-mentioned letter from the Railway, the
municipal council considered the matter on 30.01.2025. A
true copy of the municipal council decision dated
30.01.2025 is produced herewith and may kindly be
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 10 2025:KER:18523
marked as Ext.R5(d)."
10. Heard the learned counsel for the petitioner in the
respective writ petitions, the learned Special Government Pleader
with the learned Advocate General, the learned Standing Counsel
for Guruvayur Devaswom Managing Committee and also the
learned Standing Counsel for Guruvayur Municipality.
11. Having considered the materials on record and also
the submissions made at the Bar, we notice that an alternate
alignment for the underpass has already been approved by
Southern Railway, as evident from Exts.R5(a) and R5(b), which
will not in any manner affect the property of Guruvayur
Devaswom.
In such circumstances, these writ petitions are disposed of,
taking note of the approval granted by Southern Railway for an
underpass in the area in question, without affecting the land of
Guruvayur Devaswom.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
min
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 11 2025:KER:18523
APPENDIX OF WP(C) 35459/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE GOOGLE MAP SHOWING THE
GURUVAYUR TEMPLE AND ITS SURROUNDING AREAS
DOWNLOADED FROM THE GOOGLE WEBSITE DATED
NIL
EXHIBIT P2 TRUE COPY OF THE COMMUNICATION NO.E1-
2811/17 DATED 11/08/2022 ISSUED BY THE 5TH
RESPONDENT TO THE 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE LETTER NO.E1/2811/17 DATED
28/10/2022 SENT BY THE 5TH RESPONDENT TO
THE 4TH RESPONDENT ALONG WITH THREE
SKETCHES THEREIN
EXHIBIT P4 TRUE COPY OF THE REPORT NO.B3- 8023/22
DATED 15/12/2022 OF THE EXECUTIVE ENGINEER
IN CHARGE (CIVIL) OF THE 3RD RESPONDENT TO
THE 4TH RESPONDENT
EXHIBIT P5 TRUE COPY OF THE LETTER NO.E1/2811/17 DATED
21/12/2022 SENT BY THE 5TH RESPONDENT TO
THE 4TH RESPONDENT
EXHIBIT P6 TRUE COPY OF THE AGENDA NO.B3- 8023/22
DATED 23/01/2023 AND THE DECISION OF THE
3TH RESPONDENT ENDORSED THERE ON DATED
28/04/2023
EXHIBIT P7 TRUE COPY OF THE LETTER NO.E1/2811/17 DATED
18/04/20223 SENT BY THE 5TH RESPONDENT TO
THE 4TH RESPONDENT
EXHIBIT P8 TRUE COPY OF THE DECISION NO.71 DATED
28/04/2023 OF THE 3TH RESPONDENT
EXHIBIT P9 TRUE COPY OF THE LETTER NO.E1/2811/17 DATED
10/05/2023 OF THE 5TH RESPONDENT ALONG WITH
THE SKETCH THEREIN DATED NIL PREPARED BY
JOINT GENERAL MANAGER (CIVIL) K RAIL
ERNAKULAM
EXHIBIT P10 TRUE COPY OF THE REQUEST DATED B3-8023/2022
DATED 24/05/2023 SENT BY THE 4TH RESPONDENT
TO THE 2TH RESPONDENT
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 12 2025:KER:18523
EXHIBIT P11 TRUE COPY OF THE NOTICE NO.GDC1/39/2023-GDC
DATED 15/06/2023 ISSUED BY THE 2TH
RESPONDENT
EXHIBIT P12 TRUE COPY OF THE NOTE NO.D3- 8023/2022
DATED 26/06/2022 ISSUED BY DEPUTY
ADMINISTRATOR OF THE 3TH RESPONDENT
EXHIBIT P13 TRUE COPY OF THE ORDER NO.GDC1/39/2023-GDC
DATED 17/07/2023 ISSUED BY THE 2TH
RESPONDENT
EXHIBIT P14 TRUE COPY OF THE OBJECTION DATED 24/07/2023
SUBMITTED BY THE PRESIDENT OF GURUVAYUR
KSHETHRA RAKSHA SAMITHI TO THE 2ND
RESPONDENT
EXHIBIT P15 TRUE COPY OF THE OBJECTION DATED 27/07/2023
SUBMITTED BY THE PRESIDENT OF GURUVAYUR
KSHETHRA RAKSHA SAMITHI TO THE 4TH
RESPONDENT
EXHIBIT P16 TRUE COPY OF THE RTA REPLY DATED 30/11/2016
AND THE LIST OF LANDS ACQUIRED BY GURUVAYUR
DEVASWOM UPTO NOVEMBER 2011 ISSUED BY THE
DEPUTY ADMINISTRATOR OF THE 3TH RESPONDENT
TO THE PETITIONER
EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 29/08/2017
PASSED BY THIS HON'BLE COURT IN L.A.APPEAL
NO.351/2011 FILED BY THE SECRETARY OF THE
5TH RESPONDENT WITH RESPECT TO THE LAND
ACQUIRED BY THE 3RD RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R3(A) THE TRUE COPY OF THE COMMUNICATION DATED
11.9.2023 ISSUED BY THE 2ND RESPONDENT TO
THE 4TH RESPONDENT
EXHIBIT R3(B) THE TRUE COPY OF THE COMMUNICATION DATED
17.10.2023 ISSUED BY THE 2ND RESPONDENT
EXHIBIT R3(C) THE TRUE COPY OF THE AWARD AND OBJECT OF
THE LAND ACQUISITION ORDER PASSED BY THE
SPECIAL TAHSILDAR, LAND ACQUISITION
EXHIBIT R5(A) A TRUE COPY OF THE APPROVAL LETTER ISSUED
BY THE SOUTHERN RAILWAY, DATED 04/11/2024
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 13 2025:KER:18523
EXHIBIT R5(B) A TRUE COPY OF THE CONSTRUCTION SKETCH
APPROVED BY THE SOUTHERN RAILWAY
EXHIBIT R5(C) A TRUE COPY OF THE LETTER ISSUED FROM THE
SOUTHERN RAILWAY DATED NIL AND INWARDED IN
THE MUNICIPAL RECORD AS DATED 16.01.2025
EXHIBIT R5(D) A TRUE COPY OF THE MUNICIPAL COUNCIL
DECISION DATED 30/01/2025
W.P.(C)Nos.33516 OF 2023 & 35459 of 2023 14 2025:KER:18523
APPENDIX OF WP(C) 33516/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE PROCEEDINGS G.D.C-
1/39/2023-G.D.C DATED 17.07.2023 ISSUED BY
THE 5TH RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE
BOOK CHANGING KERALA POPULATION GROWTH AND
ECONOMIC DEVELOPMENT OF RELIGIOUS
DENOMINATIONS
EXHIBIT P3 A TRUE COPY OF THE TRAFFIC MAP OF
GURUVAYOOR PUBLISHED BY THE GURUVAYOOR
MUNICIPALITY
EXHIBIT P4 A TRUE COPY OF THE ROUTE MAP TO GURUVAYOOR
FROM ERNAKULAM
EXHIBIT P4(A) A TRUE COPY OF THE ROUTE MAP TO GURUVAYOOR
FROM THRISSUR VIA MUNDUR
EXHIBIT P4(B) A TRUE COPY OF THE ROUTE MAP TO GURUVAYOOR
FROM THRISSUR VIA POOVATHUR
EXHIBIT P4(C) A TRUE COPY OF THE ROUTE MAP TO GURUVAYOOR
FROM KOZHIKODE
RESPONDENT EXHIBITS
EXHIBIT R2(A) THE TRUE COPY OF THE RESOLUTION NO.71 OF
GURUVAYUR DEVASWOM MANAGING COMMITTEE DATED
28-04-2023
EXHIBIT R2(B) THE TRUE COPY OF THE COMMUNICATION NO. B3-
8023/2022 DATED 24-05-2023
EXHIBIT R2(C) THE TRUE COPY OF THE NOTICE DATED 15-06-
2023 ISSUED BY THE 5TH RESPONDENT
EXHIBIT R2(D) THE TRUE COPY OF THE COMMUNICATION DATED
11-9-2023 ISSUED BY THE 5TH RESPONDENT TO
THE 2ND RESPONDENT
EXHIBIT R(E) THE TRUE COPY OF THE COMMUNICATION DATED
17-10-2023 ISSUED BY THE 5TH RESPONDENT
