Con.Case(C) No.1042 of 2023

``` 1 ``` Con.Case(C) No.1042 of 2023 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ## **`&`** ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` FRIDAY, THE 18[TH] DAY OF AUGUST 2023 / 27TH SRAVANA, 1945 ``` ``` CON.CASE(C) NO.1042 OF 2023 ``` ``` AGAINST THE JUDGMENT IN WP(C) 4617/2022 OF THE HIGH COURT ``` ## **`OF KERALA`** ## **`PETITIONER/WRIT PETITIONER:`** ``` K.B.SUMODH AGED 53 YEARS, S/O.LATE K.V.BALAN, BALA NIVAS, CIVIL LANE, AYYANTHOLE, THRISSUR DISTRICT., PIN - 680003 ``` ``` BY ADV. ``` ``` I.SHEELA DEVI ``` ## **`RESPONDENT/RESPONDENT NOS.3, 4 AND 6:`** ``` 1 P.D. SOBHANA AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, COCHIN DEVASWOM BOARD, SIVASAKTHI BUILDING, ROUND NORTH, THRISSUR DISTRICT., PIN - 680001 ``` ``` 2 C. ANILKUMAR AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, THE SPECIAL DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, SIVASAKTHI BUILDING, ROUND NORTH , THRISSUR DISTRICT., PIN - 680001 ``` ``` 3 ANKITH ASOKAN (IPS) AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, COMMISSIONER OF POLICE, THRISSUR CITY, PATTALAM ROAD, SAKTHAN THAMPURAM NAGAR, VELIYANNUR, THRISSUR DISTRICT., PIN - 680001 ``` ``` BY ADV. ``` ``` 2 ``` Con.Case(C) No.1042 of 2023 ## **`K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD`** ## **`OTHER PRESENT:`** ``` SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI K.P.SUDHEER - STANDING COUNSEL- COCHIN DEVASWOM BOARD ``` ``` THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 18.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` Con.Case(C) No.1042 of 2023 ## **JUDGMENT** ## Anil K.Narendran, J. The petitioner has filed this contempt case alleging willful disobedience of the directions issued by this Court in Annexure A1 judgment dated 11.04.2023 in W.P.(C) No.4617 of 2023, whereby that writ petition along with connected matters was disposed of with various directions. Paragraphs 46 to 51 and also the last paragraph of that judgment read thus: “46. In **Satheesh v. Travancore Devaswom Board and others [2022 (1) KLT 940]** this Court held that, once roads are constructed as per the standards and guidelines prescribed by the Indian Roads Congress, it has to be maintained as such without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. Footpaths are not intended for stocking articles for trade or for display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for holding campaigns, demonstrations, etc., by political parties and other organisations, by causing obstructions to free movement of pedestrians. No political party or organisation can be permitted to encroach footpath or right of way of public roads, in connection with any such protest, demonstrations, etc., by erecting any temporary structures on the right of way or on the pedestrian facilities, forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. 47. In **Satheesh [2022 (1) KLT 940]** this Court noticed that, showing scant regard to the law laid down in the ``` 4 ``` Con.Case(C) No.1042 of 2023 decisions referred to supra, political parties and various organisations are permitted to put up structures on footpaths and even on the right of way on public roads, all over the State. The protesters/agitators having political backing are even permitted to lay carpet and place chairs on the footpath. On account of such encroachments, pedestrians including those with disabilities and reduced mobility are forced to walk through the right of way of public roads, in unsafe circumstances. The prohibition imposed by the Apex Court in the decision in **Union of India v. State of Gujarat** [SLP(Civil) No. 8519 of 2006], whereby the Government of Kerala is restrained, with effect from 18.01.2013, from granting any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places, is being flouted by permitting unauthorised hoardings, structures like resting places for headload workers, bus shelters constructed by political and other organisations, etc., on public roads, pavements, footpaths, etc. Such encroachments are even permitted in front of the Office of the Local Self Government Institutions. The law laid down by this Court in **Shali v. State of Kerala [2019 (5) KHC 118]** , **Kottamom (Kottiyar Mangalam) Sri. Darmasastha Temple Advisory Committee v. State of Kerala [2019 (5) KHC SN 27]** and **Sivaprasad v. State of Kerala [2020 (6) KHC 373]** that every Local Authority in the State is bound to provide pedestrian facilities on public roads in conformity with the Guidelines for Pedestrian Facilities [IRC:103-2012] and that, once the National Highways/State Highways are constructed as per the standards and guidelines prescribed by the Indian Roads ``` 5 ``` Con.Case(C) No.1042 of 2023 Congress, it has to be maintained as such without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines is also being flouted by permitting encroachments on the right of way and on the pedestrian facilities. 48. In view of the statutory provisions referred to hereinbefore and the law laid down in the decision referred to _supra_ , the roads constructed as per the standards and guidelines prescribed by the Indian Roads Congress has to be maintained as such, without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. No political party, organisation or trader can be permitted to encroach upon footpaths or right of way of public roads, in connection with any protests, demonstrations or trade, by erecting any temporary structures on the right of way or on the pedestrian facilities or by stocking articles for trade forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. 49. In view of the law laid down by this Court in **Satheesh [2022 (1) KLT 940]** the roads constructed as per the specifications and standards prescribed by the Indian Roads Congress are for vehicular traffic, which cannot be converted as a parking space for commercial or other establishments, religious institutions, etc., or even for putting up temporary structures in connection with festivals in temples, churches, mosque, etc., or for putting up temporary structures as resting place for headload workers, etc., or for putting up bus shelters by political parties or by any other organisations. 50. Since the State holds public roads as a trustee on behalf ``` 6 ``` Con.Case(C) No.1042 of 2023 of the public, the inaction on the part of the State and the Local Self Government Institutions in preventing such encroachments upon footpaths or right of way of public roads will amount to breach of trust. Any failure on the part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Section 198A of the Motor Vehicles Act, 1988. 51. The Cochin Devaswom Board and its officials shall ensure strict compliance of the law laid down by this Court in **Satheesh [2022 (1) KLT 940]** in respect of all temples under its management, by ensuring that no hoardings, advertisement boards, etc., or any temporary structures are erected on the right of way or pedestrian facilities of public roads around the premises of the temples under its management, in connection with annual festival and other religious ceremonies. The additional 6[th] respondent in W.P.(C)No.26499 of 2018, i.e., the Secretary of Thrissur Municipal Corporation shall ensure strict compliance of the law laid down by this Court in **Satheesh [2022 (1) KLT 940]** by ensuring that no hoardings, advertisement boards, etc., or any temporary structures are erected on the right of way or pedestrian facilities of public roads within the area of Thrissur Municipal Corporation, forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. In the above circumstances, these writ petitions are disposed of in terms of the directions contained hereinbefore at paragraphs 22, 34, 35 and 51.” 2. On 29.05.2023, when this contempt case came up ``` 7 ``` Con.Case(C) No.1042 of 2023 for consideration, the learned Standing Counsel for Cochin Devaswom Board and the learned Senior Government Pleader sought time to get instructions and file affidavits of respondents 1 and 3. 3. On 14.07.2023, when this matter came up for consideration, this Court passed a detailed order. Paragraphs 2 to 6 of that order read thus: “2. Along with I.A.No.3 of 2023 in Cont. Case(C)No.1042 of 2023, the petitioner has placed on record Annexure A9 to A12 photographs showing the hoardings and advertisement boards erected in connection with Ashtadravya Mahaganapathy Homam, Aanayoottu and Bhagavathy Seva in Sree Vadakkumnathan Temple. The said photographs are re-produced hereunder; **==> picture [348 x 146] intentionally omitted <==** **==> picture [356 x 149] intentionally omitted <==** ``` 8 ``` Con.Case(C) No.1042 of 2023 **==> picture [351 x 197] intentionally omitted <==** **==> picture [357 x 276] intentionally omitted <==** 3. The learned counsel for the petitioner would point out that the said hoardings and advertisement boards are erected by the Temple Advisory Committee of Vadakkumnathan Temple, which was arrayed as the additional 9[th] respondent in W.P.(C)No.4617 of 2022. The said Samithi is arrayed as the 6[th] respondent in DBP No.32 of 2023 and additional 7[th] respondent in DBP No.35 of 2023. 4. On a query made by this Court, the learned Standing ``` 9 ``` Con.Case(C) No.1042 of 2023 Counsel for Cochin Devaswom Board would submit that the Board has not granted any permission to the Temple Advisory Committee to erect such hoardings or advertisement boards. 5. Sri.P.B.Subramanyan, the learned counsel for the Temple Advisory Committee would submit that the office bearers of the said Committee have already been instructed to remove the hoardings and advertisement boards seen in Annexures A9 to A12 photographs. 6. Having considered the submissions made at the Bar, we deem it appropriate to direct the Devaswom Officer, Vadakkumnatha Devaswom to ensure strict compliance of the directions contained in the judgment of this Court dated 11.04.2023 in W.P.(C)No.4617 of 2022.” 4. The said order was followed by the order dated ## 20.07.2023. 5. During the course of arguments, it is submitted by the learned counsel for the petitioner that, at present, there are no hoardings or advertisement boards, and the hoardings and advertisement boards seen in Annexures A9 to A12 photographs, which were erected in connection with Ashtadravya Mahaganapathy Homam, Aanayoottu and Bhagavathy Seva in Sree Vadakkumnathan Temple have already been removed. The learned Senior Government Pleader and also the learned Standing Counsel for Cochin Devaswom Board would submit that the District Police and the officials of the Travancore Devaswom Board ``` 10 ``` Con.Case(C) No.1042 of 2023 shall take necessary steps to prevent the erection of hoardings or advertisement boards during Onam season, in violation of the directions contained in Annexure A1 judgment of this Court. Recording the aforesaid submission, this contempt of court case is closed. Sd/- ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** ## **P.G. AJITHKUMAR, JUDGE** PV The words “District Police and the officials of the Travancore Devaswom Board” in the last line in page 9 of paragraph 5 of the judgment dated 18.08.2023 in Cont.Case(C) No.1042 of 2023 is corrected as “District Police and the officials of the Cochin Devaswom Board” as per order dated 25/10/2023 in I.A No.5/2023 in Cont.Case(C) No.1042 of 2023. Sd/JOINT REGISTRAR ``` 11 ``` Con.Case(C) No.1042 of 2023 ## **`APPENDIX OF CON.CASE(C) 1042/2023`** ``` PETITIONER ANNEXURES ``` ``` Annexure A2 PHOTOGRAPH OF SAVE INDIA MARCH CONDUCTED BY AIYF ON 28.05.2023 AT 5.00 PM AT VADAKKUMNATHAN KSHTHRA MAIDANAM. Annexure A3 PHOTOGRAPHS SHOWING THE PANTHAL WHICH WAS CONSTRUCTED FOR SAVE INDIA MARCH CONDUCTED BY AIYF ON 28.05.2023 AT 5.00 PM AT VADAKKUMNATHAN KSHTHRA MAIDANAM. Annexure A4 A TRUE COPY OF THE PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY SHOWING THE YOUTH CONGRESS MEETING WAS CONVENED IN VADAKKUMNATHAN KSHTHRA MAIDANAM. Annexure A5 TRUE COPY OF THE ORDER NO.R.10514/17 DATED 10.07.2019 ISSUED BY THE ASSISTANT COMMISSIONER (ESTATE) ON THE BEHALF OF THE 1ST RESPONDENT. ``` ``` RESPONDENT ANNEXURES ``` ``` Annexure R3(a) THE NOTICE DATED 24.5.23 GIVEN BY THE INSPECTOR OF POLICE TO THE COMMISSIONER, COCHIN DEVASWOM BOARD Annexure R3(b) THE NOTICE DATED 24.5.23 GIVEN TO THE MANAGER OF VADAKKUNNATHA TEMPLE Annexure R3(c) THE REPLY LETTER DATED 25.5.23 GIVEN BY THE SECRETARY, COCHIN DEVASWOM BOARD, TO THE STATION HOUSE OFFICER, THRISSUR.TOWN EAST. ANNEXURE R1 ( a ) True copy of order No. R. 5780/23 dated 23.5.2023 issued by the 1st respondent ANNEXURE R1 ( b ) True copy of order No. R. 6067/23 dated 26.5.2023 issued by the 1st respondent ``` ``` PETITIONER ANNEXURES ``` ``` 12 ``` Con.Case(C) No.1042 of 2023 - `Annexure A6 TRUE COPY OF THE REPLY DATED 06.06.2023 RECEIVED BY SRI.NARAYANAN KUTTY K. FROM THE OFFICE OF THE DEVASWOM MANAGER, VADAKKUMNATHAN DEVASWOM, THRISSUR UNDER RIGHT TO INFORMATION ACT.` - `Annexure A7 PHOTOGRAPHS SHOWING THE ABOVE FUNCTIONS AND ADVERTISEMENT EXHIBITED IN VADAKKUMNATHAN KSHTHRA MAIDANAM.` - `Annexure A8 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DATED 27.06.2023` - `Annexure A9 PHOTOGRAPH SHOWING THE ADVERTISEMENT BOARDS OF CHUNGATH JEWELLARY EXHIBITED IN VADAKKUMNATHAN KSHTHRA MAIDANAM.` - `Annexure A10 PHOTOGRAPH SHOWING THE ADVERTISEMENT BOARDS OF CHUNGATH JEWELLARY EXHIBITED IN VADAKKUMNATHAN KSHTHRA MAIDANAM.` - `Annexure A11 PHOTOGRAPH SHOWING THE ADVERTISEMENT BOARDS OF KALYAN JEWELLARY AND KALYAN SILKS EXHIBITED IN VADAKKUMNATHAN KSHTHRA MAIDANAM.` - `Annexure A12 PHOTOGRAPH SHOWING THE ADVERTISEMENT BOARDS OF KALYAN JEWELLARY AND KALYAN SILKS EXHIBITED IN VADAKKUMNATHAN KSHTHRA MAIDANAM.` - `Annexure A13 TRUE COPY OF THE INTERIM ORDER DATED 14.07.2023 IN CON.CASE (C) NO.1042/2023 OF THIS HON'BLE COURT.` - `Annexure A14 TRUE COPY OF THE PHOTOGRAPH SHOWING THE ADVERTISEMENTS EXHIBITED IN VADAKKUMNATHAN KSHTHRA MAIDANAM.` - `Annexure A15 TRUE COPY OF THE PHOTOGRAPH SHOWING THE ELEPHANTS WERE GETTING INSIDE THE VADAKKUMNATHAN KSHTHRA MAIDANAM THROUGH THE HOARDING.`