A. Anil Kumar v. Travancore Devaswom Board and Others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **MONDAY, THE 21[ST] DAY OF MARCH 2022 / 30TH PHALGUNA, 1943 WP(C) NO. 26326 OF 2019** **PETITIONER:** **A.ANILKUMAR, AGED 52 YEARS S/O.ARAVINDAKSHAN NAIR, SREELEXMI, THURAVOOR, CHERTHALA, ALAPPUZHA DISTRICT.** **BY ADVS.SRI.C.S.MANILAL SRI.S.NIDHEESH** ## **RESPONDENTS:** - **1 THE TRAVANCORE DEVASWOM BOARD, REP.BY ITS SECRETARY, NANTHANCODE, TRIVANDRUM – 605 036.** - **2 THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, TRIVANDRUM – 605 036.** - **3 THE ADMINISTRATIVE OFFICER, THURAVOOR DEVASWOM, TRAVANCORE DEVASWOM BOARD, THURAVOOR P.O., ALAPPUZHA – 688 532.** - **4 THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY, MINI CIVIL STATION, THATTAMPALLY, ALAPPUZHA – 688 013.** - **5 THE ASSISTANT EXECUTIVE ENGINEER, P.W.D.ROAD DIVISION, ALAPPUZHA – 688 001.** -2- W.P.(C). No.26326 of 2019 **6 THE THURAVOOR MAHA KSHETHRA UPADESAKA SAMITHI, REP. BY THE PRESIDENT, B.SUDHAKARA MENON, KSHETHRA UPADESAKA SAMITHI OFFICE, THURAVOOR, ALAPPUZHA – 688 532.** **7 T.MAHADEVAN, S/O.THANKAPPAN ACHARI, PUTRHEN VEEDU, THURAVOOR (VICE PRESIDENT, THURAVOOR KSHETHRA UPDESAKA SAMITHI, THURAVOOR, ALAPPUZHA) – 688 532.** **BY ADVS.SRI.B.PRAMOD SRI.P.MARTIN JOSE SRI.S.RAJMOHAN, SC, TDB** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- W.P.(C). No.26326 of 2019 ## **JUDGMENT** Anil K. Narendran, J. The petitioner, who is a devotee of Sree Narasimha Swami of Thuravoor Temple, which is under the management of the 1[st] respondent Travancore Devaswom Board in Vaikom Group, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the Temple Advisory Committee in Sree Narasimha Swami Temple has no authority or jurisdiction to form Steering Committee or SubCommittee by nominating persons who are not members of the Temple Advisory Committee and the formation and functioning of such committee made during 2018 festival is illegal and contrary to law. The petitioners have also sought for a writ of mandamus restraining the Board and the 6[th] respondent from conducting festival for the year 2019 at Thuravoor Devaswom by forming Steering Committee or SubCommittee under it by persons who are strangers and not members elected to the Temple Advisory Committee; a writ of mandamus appointing an Advocate Commissioner by this Court to oversee and to conduct the annual festival of Thuravoor Temple scheduled on 19.10.2019 and ends on -4- W.P.(C). No.26326 of 2019 27.10.2019; and a writ of mandamus restraining respondents 1 and 6 from auctioning or otherwise letting the public places belongs to PWD for commercial activities including erection of shops or for other purposes in view of Ext.P10 judgment of this Court dated 27.01.2016 in W.P.(C)No.33129 of 2015. 2. On 03.10.2019, when this writ petition came up for admission, this Court admitted the matter on file and the respective Standing Counsel took notice for respondents 1 to 4. The learned Government Pleader took notice for the 5[th] respondent and notice by speed post was ordered to respondents 6 and 7. 3. The 6[th] respondent has filed counter affidavits opposing the reliefs sought for in this writ petition. 4. Today, when the matter is taken up for consideration, it is noticed that relief Nos.1 to 3 have already become infructuous. Insofar as relief No.4 is concerned, the issue is covered by the decision of this Court in **Satheesh v.** ## **Travancore Devaswom Board and others [2022 (1) KLT** **940]** , whereby this Court has directed the Travancore Devaswom Board and the official respondents to take -5- W.P.(C). No.26326 of 2019 necessary steps to ensure strict compliance of the directions contained in the said judgment and also the law laid down in **Shali v. State of Kerala [2019 (4) KLT 484 = 2019 (5) KHC 118]** , **Kottamom (Kottiyar Mangalam) Sri.Darmasastha Temple Advisory Committee v. State of Kerala [2019 (4) KLT OnLine 3081 = 2019 (5) KHC SN 27]** and **Sivaprasad v. State of Kerala and others [2020 (5) KLT OnLine 1065 = 2020 (6) KHC 373]** in letter and spirit. In such circumstances, this writ petition is disposed of by directing the respondents herein to take necessary steps to ensure strict compliance of the directions contained in this judgment and the law laid down in the decisions referred to supra, in letter and spirit, by ensuring that any temporary stalls erected in connection with any festival in Thuravoor Mahakshethram is without any encroachment whatsoever on the right of way or on the pedestrian facilities provided as per the relevant Specifications and Standards on ChavadiThuravoor Junction Road and National Highway-66, in order to ensure the safety of most vulnerable road users, such as -6- W.P.(C). No.26326 of 2019 pedestrians, cyclists, children, elderly and the differentlyabled persons, and also to ensure free movement of vehicular traffic through the carriage way of those roads and the service road on the side of the National Highway. The directions contained in paragraphs 25 to 27 of **Satheesh [2022 (1) KLT 940]** , regarding fixation of the boundary of the property of Thurvoor Mahakshethram and preparation of layout of temporary shops to be erected during festival season, shall be complied with by the concerned respondents, within the time limit fixed by this Court. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** AV/22/3 -7- W.P.(C). No.26326 of 2019 ## **APPENDIX OF WP(C) 26326/2019** **PETITIONER EXHIBITS** - **EXHIBIT P1 TRUE COPY OF THE BYE LAW OF THE TEMPLE ADVISORY COMMITTEE DATED 30/11/2011.** - **EXHIBIT P2** - **TRUE COPY OF THE REPORT OF THE ANNUAL GENERAL BODY DATED 24/8/2019.** - **EXHIBIT P3 TRUE COPY OF THE LETTER OF THE COMMITTEE MEMBERS DATED 15/9/2019.** - **EXHIBIT P4 TRUE COPY OF THE LETTER OF THE ASSISTANT EXECUTIVE ENGINEER DATED 5/12/2018.** - **EXHIBIT P5 TRUE COPY OF THE LETTER OF THE EXECUTIVE ENGINEER DATED 25/10/2018.** - **EXHIBIT P6 TRUE COPY OF THE APPLICATION UNDER THE RTI ACT BY SURENDRANATH DATED 25/10/2018.** - **EXHIBIT P7 TRUE COPY OF THE LETTER OF THE ASSISTANT DEVASWOM COMMISSIONER DATED 5/11/2018.** - **EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) 25334/13 DATED 24/10/2013.** - **EXHIBIT P9 TRUE COPY OF THE DECISION OF THE THURAVOOR GRAMA PANCHAYATH DATED 5/3/2014.** - **EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) 33129/15 DATED 27/1/2016.** **EXHIBIT P11 TRUE COPY OF THE QUOTATION BY THE BOARD DATED 1/10/2018.** -8- W.P.(C). No.26326 of 2019 - **EXHIBIT P12** **TRUE COPY OF THE NEWS REPORTED IN MATHRUBHOOMI DAILY DATED 30/9/2019.** - **EXHIBIT P13 TRUE COPY OF THE RELEVANT PAGE OF QUOTATION OF THE BOARD 26/9/2019.** - **EXHIBIT P14 TRUE COPY OF THE COMPLAINT DATED 06.06.2019** - **EXHIBIT P15 TRUE COPY OF REMINDER ALONG WITH DECISION OF THE COMMITTEE MEMBERS DATED 07.08.2019** - **EXHIBIT P16 TRUE COPY OF THE INFORMATION OBTAINED UNDER THE RIGHT TO INFORMATION ACT DATED 09.07.2019** - **RESPONDENT EXHIBITS** - **EXHIBIT R6(a) TRUE COPY OF THE JUDGMENT DATED 05.09.2018 OF THE DBP NO 52/2018 OF THIS HON'BLE COURT** - **EXHIBIT R6(b) TRUE COPY OF THE NOTICE OF THE GENERAL BODY MEATING HELD ON 24.2.2019** - **EXHIBIT R6(c) TRUE COPY OF THE LIST OF SUB COMMITTEES AND THE STEERING COMMITTEE FORMED BY THE 6TH RESPONDENT** - **EXHIBIT R6(d) TRUE COPY OF THE NOTICE OF THE GENERAL BODY MEETING HELD ON 28.8.2017** - **EXHIBIT R7(a) TRUE COPY OF THE ORDER DATED 21/10/2019.** **EXHIBIT R7(b) TRUE COPY OF THE T WRITTEN REQUEST MADE BY THE TAC MEMBERS TO CONVEY THE T.A.C.MEETING.** -9- W.P.(C). No.26326 of 2019 **EXHIBIT R7(c)** **EXHIBIT R1(c)** **EXHIBIT R6(e) [produced as R6(a)]** **EXHIBIT R6(f) [produced as R6(b)]** **TRUE COPY OF NEWS ITEM APPEARED IN MALAYALA MANORAMA DAILY DATED 20-102019.** **TRUE COPY OF THE PROCEEDINGS NO.ROC 22699/8/NS-2 DATED 29.01.2020 OF THE DEVASWOM COMMISSIONER.** **TRUE COPY OF THE REPORT APPEARED IN MATHRUBHOOMI DAILY DATED 19.10.2019** **TRUE COPY OF THE NOTICE DATED 19.10.2019**