D.B.P.No.40 of 2016 & W.P.(C) Nos.17613/2018, 17978/2018 and 18711/2019

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 7[TH] DAY OF MARCH 2023 / 16TH PHALGUNA, 1944** **D.B.P.NO. 40 OF 2016** **IN THE MATTER OF COCHIN DEVASWOM BOARD - CDB PROCEEDINGS INITIATED - REG.** **------------** ## **PETITIONERS/COMPLAINANT:** - **1 C.UNNIKRISHNAN, UNNI'S BHAVAN, POONITHURA PO, ERNAKULAM – 682 038.** - **2 SARASWATHI BHASKAR, KALIYEKKAL HOUSE, KOCHI – 36.** - **3 JYOTHI UNNIKRISHNAN, UNNI'S FLOWER SHOP, VALANJAMBALAM, KOCHI – 16.** **BY ADVS.** **SRI.P.M.NEELAKANDAN SRI.S.NITHIN ANCHAL SRI.SABU GEORGE SRI.P.B.SUBRAMANYAN** 2 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **RESPONDENTS:** - **1 ASSISTANT DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD COCHIN DEVASWOM BOARD, THRISSUR** - **2 THE EXECUTIVE ENGINEER COCHIN DEVASWOM BOARD, THRISSUR.** - **3 THE SPECIAL DEVASWOM COMMISSIONER COCHIN DEVASWOM BOARD, THRISSUR** - **4 TOWN GENTS BEAUTY PARLOUR** - **U.S. MINI, ANIZHAM HOUSE, AROOR PO, CHERTHALA, PIN 688534.** - **5 CITADEL,** - **P.K. PRAKASHAN, S/O KANUNAKARAN, GIRINAGAR 71, KADAVANTHRA PO, KOCHI- 682020.** - **6 COIMBATORE ARYA VAIDYA PHARMACY, DR. G PRADEESH, S/O M R GOPINATHANM MUTHAYIL HOUSE, PERUMBAVOOR – 683542.** - **7 MODERN MEDICALS,** - **V.T. JOSEPH, S/O V THOMAS, VAZHAYIL HOUSE, VYTTILLA - 682019.** - **8 MURALI STORES BHAGAVAL DAS S/O CP NARAYANAN, LAYA SOUDHAM HOUSE, KARITHALA, KARASHAKA ROAD KOCHI-682016.** - **BY ADVS.** - **R1 TO R3 BY K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD** - **R4 BY MANU GOVIND** - **R7 & R8 BY P.B.AJOY** - **N.RAJAGOPALAN NAIR** 3 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **OTHER PRESENT:** ## **SRI S RAJMOHAN, SR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 07.03.2023, ALONG WITH WP(C).18711/2019, 17613/2018 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 4 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 7[TH] DAY OF MARCH 2023 / 16TH PHALGUNA, 1944** **W.P.(C) NO. 17613 OF 2018** ## **PETITIONER:** **SARASWATHY BHASKARAN AGED 63 YEARS** **W/O. BHASKARAN, MALIYEKKAL HOUSE,PARAMBITHARA ROAD, ERNAKULAM SOUTH,COCHIN-36.** **BY ADVS.** **SRI.DEEPU THANKAN SRI.A.ABDUL NABEEL SMT.NIMMY JOHNSON** ## **RESPONDENT/S:** - **1 COCHIN DEVASWOM BOARD THRISSUR-680 001,REP. BY ITS SECRETARY.** - **2 THE ASSISTANT DEVASWOM COMMISSIONER COCHIN DEVASWOM BOARD, THRIPUNITHURA-682 301.** - **3 DEVASWOM OFFICER RAVIPURAM-682016.** - **4 THE SPECIAL THAHASILDAR COCHIN DEVASWOM BOARD, THRISSUR-680 001.** 5 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 - **5 U.S. MANI** **(TOWN GENTS BEAUTY PARLOUR),ANIZHAM HOUSE, AROOR P.O.,CHERTHALA, ROOM NO.1 SHOPPING COMPLEX,VALANJAMBALAM TEMPLE, ERNAKULAM-682 016.** - **6 P.K. PRAKASAN CITADEL** - **S/O. KARUNAKARAN, GIRINAGAR, 71,KADAVANTHRA** **P.O., KOCHI-20),ROOM.NOS. 2 & 3, SHOPPING COMPLEX,VALANJAMBALAM TEMPLE, ERNAKULAM-682 016.** - **7 V.T. JOSEPHMODERN MEDICALS S/O. V.T. THOMAS, VAZHAYIL HOUSE,VYTTILA-19) ROOM NO. 9, SHOPPING COMPLEX, VALANJAMBALAM TEMPLE, ERNAKULAM-682 016.** - **8 BHAGAVAL DAS, (MURALI STORES) S/O.C.P.NARAYANAN, LAYASOUDHAM HOUSE, KARTHALA, KARSHAKAROAD, COCHI-16 ROOM.NO.10, SHOPPING** - **COMPLEX, VALANJAMBALAM TEMPLE, ERNAKULAM-682 016.** **BY ADVS.** **R1 TO R4 BY SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD R5 BY MANU GOVIND R6 TO R8 SRI.P.B.AJOY** ## **OTHER PRESENT:** ## **SRI S RAJMOHAN, SR GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2023, ALONG WITH DBP.40/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 6 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 7[TH] DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 WP(C) NO. 17978 OF 2018** ## **PETITIONER:** **C.UNNIKRISHNAN** **AGED 49 YEARS, S/O. CHELLAPPAN PILLAI, AGED 49, RESIDING AT UNNI'S BHAVAN, POONITHURA - 682 838.** **BY ADVS.** **P.B.KRISHNAN** **P.M.NEELAKANDAN SABU GEORGE P.B.SUBRAMANYAN** ## **RESPONDENTS:** - **1 COCHIN DEVASWOM BOARD, COCHIN DEVASWOM BOARD BUILDINGS, ROUND NORTH, THRISSUR - 680 001, REPRESENTED BY ITS SECRETARY.** - **2 THE SPECIAL DEVASWOM COMMISSIONER COCHIN DEVASWOM BOARD, COCHIN DEVASWOM BOARD BUILDINGS, ROUND NORTH, THRISSUR-680 001.** - **3 DR.M.K. SUDARASAN (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),PRESIDENT, COCHIN DEVASWOM BOARD, THRISSUR-680 020.** 7 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 - **4 ADV. T.N. ARUNKUMAR** - **(AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),MEMBER, COCHIN DEVASWOM BOARD, THRISSUR-680 020.** - **5 K.N. UNNIKRISHNAN (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER),MEMBER, COCHIN DEVASWOM BOARD, THRISSUR-680 020.** - **6 U.S. MINI (AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER)ANIZHAM HOUSE, AROOR P.O.,CHERTHALA, ALAPPUZHA-688 534 OWNER OF TOWN GENTS BEAUTY PARLOUR,ROOM NO.1, SHOPPING COMPLEX, VALANJAMBALAM TEMPLE,ERNAKULAM.** - **7 P.K. PRAKASAN** - **S/O. KARUNAKARAN, (AGE NOT KNOWN TO THE PETITIONER) GIRI NAGAR-71, KADAVANTHARA P.O., ERNAKULAM,KOCHI-682 020 OOWNER OF CITADEL, ROOM NO.2 & 3,SHOPPING COMPLEX, VALANJAMBALAM TEMPLE, ERNAKULAM.** - **8 V.T.JOSEPH** - **S/O.V.T.THOMAS, (AGE NOT KNOWN TO THE PETITIONER)VAZHAYIL HOUSE, PERUMBAVOOR, ERNAKULAM-683 542 OWNEROF MODERN MEDICALS, ROOM NO.9, SHOPPING COMPLEX,VALANJAMBALAM TEMPLE, ERNAKULAM.** ## **9 BHAGAVAL DAS** - **S/O. C.P.NARAYANAN, (AGE NOT KNOWN TO THE PETITIONER)LAYASOUDHAM HOUSE, KARTHALA, KARSHAKA ROAD, KOCHI-682 016, OWNER OF MURALI STORES,ROOM NO.10, SHOPPING COMPLEX, VALANJAMBALAM TEMPLE, ERNAKULAM.** 8 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **10 THE SPECIAL TAHASILDAR** **COCHIN DEVASWOM BOARD, LC UNIT, THRISSUR-680 001.** **BY ADVS.** **R1 & R2 BY SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD** **R6 BY SRI.MANU GOVIND R7, R8 & R9 BY SRI.P.B.AJOY** **R10 BY SHRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER.** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 07.03.2023, ALONG WITH DBP.40/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 9 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 7[TH] DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 WP(C) NO. 18711 OF 2019** ## **PETITIONER:** ## **SARASWATHY BHASKARAN** **AGED 64 YEARS, W/O.BHASKARAN, MALIYEKKAL HOUSE, PARAMBITHARA ROAD, ERNAKULAM SOUTH, COCHIN-36.** **BY ADVS.** **DEEPU THANKAN SMT.UMMUL FIDA SMT.LAKSHMI SREEDHAR** ## **RESPONDENTS:** - **1 COCHIN DEVASWOM BOARD THRISSUR-680001, REP. BY ITS SECRETARY.** - **2 DEVASWOM OFFICER, RAVIPURAM, KOCHI-682016.** - **3 TEMPLE ADVISORY COMMITTEE, VALANJAMBALAM DEVI TEMPLE, KOCHI-682016, REP. BY ITS CONVENER.** - **4 REVENUE DIVISIONAL OFFICER, FORT KOCHI, ERNAKULAM-682001.** - **5 SPECIAL TAHASILDAR, COCHIN DEVASWOM BOARD, OFFICE OF THE SPECIAL TAHASILDAR, L.C.UNIT, THRISSUR, -680001.** 10 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 - **6 U.S.MANI,** - **(TOWN GENTS BEAUTY PARLOUR), ANIZHAM HOUSE, AROOR P.O., CHERTHALA, ROOM NO.1 SHOPPING COMPLEX, VALANJAMBALAM TEMPLE, ERNAKULAM682016.** - **7 P.K.PRAKASAN,** - **(CITADEL), S/O.KARUNAKARAN, GIRINAGAR, 71, KADAVANTHRA P.O., KOCHI-20) ROOM NOS. 2 AND 3, SHOPPING COMPLEX, VALANJAMBALAM TEMPLE, ERNAKULAM-682016.** - **8 V.T.JOSEPH, (MODERN MEDICALS), S/O.V.T.THOMAS, VAZHAYIL HOUSE, VYTTILA-19) ROOM NO.9, SHOPPING COMPLEX, VALANJAMBALAM TEMPLE, ERNAKULAM-682016.** - **9 BHAGAVAL DAS, (MURALI STORES), S/O.C.P.NARAYANAN, LAYASOUDHAM HOUSE, KARTHIKA, KARSHAKAROAD, COCHI-16) ROOM NO.10, SHOPPING COMPLEX, VALANJAMBALAM TEMPLE, ERNAKULAM-682016.** **BY ADVS.** **R1 TO R3 BY SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD** **R4-R5 BY SRI.S.RAJMOHAN, SR.GOVERNMENT PLEADER. R6 BY SRI.MANU GOVIND R7& R9 BY SRI.P.B.AJOY** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 07.03.2023, ALONG WITH DBP.40/2016 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 11 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **JUDGMENT** ## P.G. Ajithkumar, J. Valanjambalam Devi Temple is a Temple situated in a prominent and busy area in Ernakulam city. The Temple is under the management of the Cochin Devaswom Board. A shopping complex named Valanjambalam shopping complex belonging to the Devaswom is situated on the southern side of the Temple abutting the public road. There are a few licensees in occupation of the ground floor of the said building. They are conducting various businesses in the respective rooms. The Devaswom Board, after taking into account the dilapidation of the building and utilisation of the land occupied by the building more profitably and to the advantage of the devotees, decided as per a resolution dated 7.11.2013 to evict the licensees and to reconstruct the building. Notices were issued by the Devaswom Officer to the respective licensees. However, the licensees did not surrender vacant possession of the respective premises. In such circumstances, 12 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 214 devotees of Valanjambalam Devi Temple pointing out that there occurs delay in the implementation of the order for evicting the licensees and reconstructing the building submitted complaint No.242 of 2015 before the learned Ombudsman for the Travancore and Cochin Devaswom Boards. 2. Pursuant to notice by the learned Ombudsman, the Devaswom Board submitted a reply explaining the facts and circumstances. It was pointed out that the licensees submitted a representation that the building could be preserved by carrying out minor repairs and therefore the Board has decided to obtain a report from the Cochin Corporation regarding the feasibility of that proposal. Annexure E is the letter dated 17.09.2015 sent by the Secretary of the Cochin Devaswom Board to the Cochin Corporation. The Corporation, however, had not seen replied. After considering the matter in detail and taking into account the definite report of the Maramath Wing of the Board that 13 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 the building requires reconstruction, the learned Ombudsman submitted a report dated 29.03.2016, on the basis of which CBD No.40 of 2016 was initiated. 3. On 30.05.2017, learned Standing Counsel for the Cochin Devaswom Board submitted a memo furnishing the details of licensees in occupation of different rooms in the building in question. In the meantime, three of the complainants, who appeared before this Court pursuant to notice, filed I.A.No.1349 of 2017 seeking to implead the licensees. As per the order dated 05.06.2017 in I.A.No.1349 of 2017 licensees were impleaded as additional respondents 4 to 8. Additional respondents 4 to 8 entered appearance and they have filed separate counter affidavits. 4. This Court as per the order dated 31.07.2017 accorded permission to the Devaswom Board to resume possession of the premises from the licensees in accordance with law. It was directed that the steps in that regard shall be taken by the Devaswom Board and report the turnout after 14 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 one month. Although Review Petitions were filed by the licensees, this Court did not entertain those petitions and insisted to implement the order dated 31.07.2017. 5. While so, the Devaswom Board considered the feasibility of retaining the building by carrying out necessary repairs. Sri.A.R.S.Vadyar, Yesoram Constructions was entrusted to study the feasibility of that proposal and submit a report. In the wake of that development, the Devaswom Board on 20.04.2018 took a decision to keep in abeyance steps taken for resumption of the premises from the respective licensees. 6. While the aforementioned questions were under the consideration of this Court in D.B.P.No.40 of 2016, one of the complainants in complaint No.242 of 2015, Smt.Saraswathy Bhaskaran filed W.P.(C) No.17613 of 2018 seeking to issue a writ of certiorari quashing Ext.P7, which is the order dated 20.04.2018 of the Cochin Devaswom Board. As per that order the Board decided to desist from continuing 15 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 the steps for eviction of the licensees from the building in question for the time being. Another complainant in the aforesaid complaint Sri.C.Unnikrishnan filed W.P.(C) No.17978 of 2018 seeking similar relief. Ext.P7 order dated 20.04.2018 produced in W.P.(C) No.17613 of 2018 is Ext.P5 in this Writ Petition. The petitioner seeks to quash Ext.P5. 7. The licensees in the building in question, who are respondents No.4 to 8 in D.B.P.No.40 of 2016, in the meantime approached the Sub Collector, Kochi challenging the notices issued by the Tahsildar under the Land Conservancy Act, 1957 asking the licensees to surrender possession of the respective premises in the building in question. The Sub Collector after taking into consideration the order of the Cochin Devaswom Board dated 20.04.2018 ordered, as per order dated 11.06.2019, to stop the steps taken under the Land Conservancy Act for resumption of possession from the licensees. Challenging that order, the petitioner in W.P.(C) No.17613 of 2018 has filed W.P.(C) 18711 of 2019. She seeks 16 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 for a writ of certiorari quashing Ext.P9, which is the order dated 11.06.2019 of the Sub Collector. 8. On 30.05.2018 when W.P.(C) No.17613 of 2018 came up for admission, the learned Standing Counsel appearing for the Devaswom Board took notice for respondent Nos.1 to 3 and the learned Government Pleader took notice of the 4[th] respondent. After considering the materials on record, this Court passed a detailed order, operative portion of which is as follows:- “5. In the above circumstances, the writ petition stands admitted. Sri.K.P.Sudheer, learned Standing Counsel appears for respondents 1 to 3. The learned Government Pleader takes notice on behalf of the fourth respondent. We heard Sri.P.Ramachandran, learned Amicus Curiae as well. Issue urgent notice to respondents 5 to 8 by special messenger. Exhibit P7 stands stayed. Interim stay now granted will not stand in the way of taking possession of the building after evicting the occupants, which however will be subject to further orders to be passed. However, demolition of the building shall be kept in abeyance for the time being. Since review petition (R.P.No.405 of 2018) to 17 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 review Exhibit P5 order is pending before another Bench, we find it proper to direct the Registry to cause the matter to be placed before the appropriate Bench, after tagging along with the review petition, for further steps.” 9. The 6[th] respondent along with others preferred a Special Leave Petition against the aforesaid order dated 30.05.2018 before the Apex Court as S.L.P.(C) No.15681 of 2018. The Apex Court did not interfere in the matter and passed the following order on 14.06.2018: “Since the order under appeal is purely an interim order, we refuse to interfere in the matter. The special leave petition is dismissed. Pending application, if any, stands disposed of. We request the High Court to take up Writ Petition No.17613 of 2018 for consideration at an early date and dispose it of as expeditiously as possible.” 10. Respondent Nos.7 to 9 in W.P.(C) No.17978 of 2018 are respondent Nos.6 to 8 in W.P.(C) No.17613 of 2018. They filed a counter affidavit in both the Writ Petitions. In W.P. (C) No.18711 of 2018 a counter affidavit was filed on behalf of the Cochin Devaswom Board by its Secretary. 18 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 11. On 06.02.2022, it was pointed out that the Cochin Devaswom Board issued order No.R1.1183/2008 dated 06.01.2023 with regard to the Valanjambalam shopping complex. The learned Standing Counsel for the Cochin Devaswom Board therefore directed to place on record a copy of the said order. Accordingly, the learned Standing Counsel produced a copy of the said order along with a memo dated 25.02.2023. 12. Heard the learned counsel appearing for the petitioners in the respective writ petitions, the learned Senior Government Pleader, the learned Standing Counsel for the Cochin Devaswom Board, the learned Amicus Curiae for the Ombudsman and learned counsel for the party respondents. 13. Valanjambalam Shopping Complex under the Ravipuram Devaswom is a multi-storied building situated in the premises of the Valanjambalam Devi Temple. On the ground floor, there are a few licensees occupying various rooms. They are additional respondents 4 to 8 in D.B.P.No.40 19 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 of 2016. Upper floors are lying vacant. As per the order No.A5-6105 dated 25.11.2013 of the Cochin Devaswom Board, a copy of which is Ext.P1 in W.P.(C) No.17978 of 2018, the Board has decided to demolish the Valanjambalam Shopping Complex, after evicting the persons in occupation of various rooms. The devotees approached the learned Ombudsman alleging that there occurred delay in implementing the said proceedings. The Cochin Devaswom Board has initiated action under the provisions of the Land Conservancy Act for the resumption of the premises in occupation of various licensees and notices were issued in that regard. 14. On the basis of the report of the learned Ombudsman in the matter D.B.P.No.40 of 2016 was initiated. During the pendency of the D.B.P. the other Writ Petitions were filed by the devotees of the Valanjambalam Devi Temple. In the meanwhile, the Cochin Devaswom Board has decided, after considering the report of the Architect, Sri.A.R.S.Vadyar, 20 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 Yesoram Constructions to retain the building and carry out necessary repairs and renovations. The Board issued an order in that regard on 06.01.2023 as per order No.R1.1183/2008 dated 06.01.2023, which was placed on record by the learned Standing Counsel for the Cochin Devaswom Board. 15. After hearing the learned counsel on either side, we do not find any reason to hold that order No.R1.1183/2008 dated 06.01.2023 issued by the Cochin Devaswom Board is vitiated by any malafides or other vitiating elements. In such circumstances, we are of the view that no further action is required in the D.B.P. and the reliefs claimed in the Writ Petitions are not liable to be granted. 16. In **V. Muraleedharan Nair v. Travancore Devaswom Board [Judgment dated 25.11.2015 in W.P.** **(C) No.32975 of 2015]** the Division Bench of this Court was dealing with a case in which the writ petitioners were occupiers of different shop rooms in a shopping complex owned by the Travancore Devaswom Board. As per Ext.P8 21 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 series of orders, they have been required to enhance the security deposit and the amounts to be paid for occupation. Before the Division Bench, the learned counsel for the petitioners relied on Ext.P7 judgment dated 07.10.2013 in W.P.(C) No. 25586 of 2012. The Division Bench noticed that the said judgment was issued essentially on the consent of the Board and the concession made by the Board was only for renewal for a period upto 2012. Therefore, Ext.P7 judgment is no answer for any demand that the Travancore Devaswom Board may make in relation to occupation charges for buildings or rooms belonging to and under its control. The Division Bench noticed that, it cannot also ignore the pristine principle that all Devaswom lands vest in Deities and Travancore Devaswom Board are essentially trustees. Therefore, the action of trustees cannot be equated to that of mere landlords. The best interest of the Devaswoms under the control of the Devaswom Boards would be subserved only if income is generated. 22 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 17. In **T.Krishnakumar v. Cochin Devaswom Board [2022 (5) KHC SN 8 : 2022 (4) KLT 798]** , a Division Bench of this Court, in which both of us were parties, held that in view of the law laid down by this Court in **Abu K.S. v.** **Travancore Devaswom Board [2022 SCC OnLine Ker 1642],** relying on the decision of the Apex Court in **M.V. Ramasubbiar v. Manicka Narasimachara [(1979) 2 SCC** **65]** , while leasing out the buildings owned by the Devaswoms, the Cochin Devaswom Board and its officials have to ensure that proper income is generated from the said buildings. In such transactions, the Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs. The action of the Board as a trustee cannot be equated to that of mere landlord. The best interest of the Devaswoms under the control of the Board would be subserved only if income is generated. 23 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 18. In **T. Krishnakumar** (supra), the Division Bench noticed that the major source of revenue of Cochin Devaswom Board is the income received by way of offering by the devotees, the amount received from Vazhipadu and the revenue generated through the auction of temple premises for various activities in connection with rituals and festivals in the temples and also the rental income generated from the buildings owned by the respective Devaswoms. Therefore, while dealing with the buildings owned by the Devaswoms, Cochin Devaswom Board and its officials have to ensure that proper income is generated from the said building. In such transactions, the Board and its officials have to show reasonable diligence in the manner of an ordinary prudent man of business to conduct his own affairs, by ensuring that the lease rental or licence fee of the buildings owned by the Devaswoms is not lower than the prevailing market rent. The action of the Board in demanding lease rental or licence fee for the buildings owned by the Devaswoms taking into 24 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 consideration the prevailing market rent cannot be termed as an action of the Board demanding exhorbitant or rack-rent, since, while leasing out the buildings owned by the Devaswoms, the Board and its officials have to ensure that proper income is generated from the said buildings. Any default committed by the tenant or licensee of the buildings owned by the Devaswoms in payment of the monthly rent or licence fee, electricity charges, water charges, statutory dues, etc. has to be dealt with appropriately, so also the use of the building for another purpose or making material alteration or addition to the building. In view of the provisions under Section 73A of the Act, Cochin Devaswom Board is duty bound to monitor whether its administrative staff and employees in the Maramath wing are functioning properly, by taking prompt action against any such default or violation of the terms and conditions of the lease deed or the licence deed. This Court accordingly remind that the Cochin Devaswom Board and its officials have to show reasonable 25 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 diligence in the manner of an ordinary prudent man of business to conduct his own affairs. 19. In the light of the law laid down by this Court in the aforementioned decisions, the Cochin Devaswom Board is bound to ensure that licence fees is collected from the persons in occupation of various portions of the Valanjambalam shopping complex strictly in compliance to the directions contained in those decisions. With the aforesaid directions the D.B.P. and the Writ Petitions are disposed of. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/P.G. AJITHKUMAR, JUDGE** dkr 26 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **APPENDIX OF DBP 40/2016** ## **RESPONDENT ANNEXURES** - **EXHIBIT R4(A) TRUE COPY OF SOME OF THE RECEIPTS WHICH SHOW THE PAYMENT OF RENT DURING THE YEAR 1959.** - **EXHIBIT R4(B) TRUE COPY OF THE PROCEEDINGS OF THE COCHIN DEVASWOM BOARD DATED 29.11.2010.** - **EXHIBIT R4(C) TRUE COPY OF THE RECEIPT SHOWING THE PAYMENT OF RENT OF ROOM NO.1 FOR THE PERIOD OF MAY AND JUNE 2017** **EXHIBIT R4(A) TRUE COPY OF REPRESENTATION DTED 21.06.2017 SUBMITTED BY THE LESSEES BEFORE THE PRESIDENT, COCHIN DEVASWOM BOARD.** - **EXHIBIT R2(A) TRUE COPY OF NOTICE DATED 15.11.2017 ISSUED BY THE 2ND RESPONDENT TO THE 1ST REVIEW PETITIONER.** - **EXHIBIT R2(B) TRUE COPY OF NOTICE DATED 15.11.2017 ISSUED BY THE 2ND RESPONDENT TO THE 2ND REVIEW PETITIONER.** - **EXHIBIT R2(C) TRUE COPY OF NOTICE DATED 15.11.2017 ISSUED BY THE 2ND RESPONDENT TO THE 3RD REVIEW PETITIONER.** - **EXHIBIT R2(D) TRUE COPY OF NOTICE DATED 15.11.2017 ISSUED BY THE 2ND RESPONDENT TO THE 4TH REVIEW PETITIONER.** - **EXHIBIT R2(E) TRUE COPY OF ORDER NO.R1.1183/08 DATED 16.11.2017 ISSUED BY THE SPECIAL DEVASWOM COMMISSIONER.** 27 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **EXHIBIT R2(F)** **TRUE COPY OF THE LETTER DATED 18.01.2018 SUBMITTED BY THE 2ND REVIEW PETITIONER.** **EXHIBIT R2(G)** **TRUE COPY OF ORDER DATED 14.08.2022 IN DBP NO.62/2010 PASSED BY THIS COURT.** **ANNEXURE A2** **TRUE COPY OF LETTER NO.12176/19 DATED 23.07.2021 ALONG WITH PROCEEDINGS NO.H1.1193/13 DATED 22.07.2021 OF THE BOARD.** ## **ANNEXURE R7(A)** **TRUE COPY OF THE LETTER DATED 07.07.1976 ISSUED BY THE PALACE ADMINISTRATION BOARD, TRIPUNITHURA.** ## **ANNEXURE A 3** **TRUE COPY OF ORDER NO. R1. 1183/2008 DATED 06.01.2023 ISSUED BY THE COCHIN DEVASWOM BOARD** 28 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **APPENDIX OF WP(C) 17613/2018** ## **PETITIONER EXHIBITS** - **EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE DEVASWOM BAORD DATED 7/11/2013** - **EXHIBIT P2** - **TRUE COPY OF COMPLAINT SUBMITTED BY THE PETITIONER ALONG WITH THE DEVOTES DATED 5/10/2015 TO THE DEVASWOM OMBUDSMAN** - **EXHIBIT P3 TRUE COPY OF THE EXPLANATION ON 20/10/2015 SUBMITTED BY THE 2ND RESPONDENT TOT HE HON'BLE DEVASWOM BOARD OMBUDSMAN** - **EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY THE HON'BLE DEVASWOM BOARD OMBUDSMAN AS COCHIN DEVASWOM BOARD REPORT NO. 40/2016 DATED 29/3/2016** - **EXHIBIT P5** - **TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN DBP NO. 40/2016 DATED 31/7/2017** - **EXHIBIT P6** - **EXHIBIT P7** - **TRUE COPY OF ORDER IN RP NO. 1122/2017 IN DBP NO. 40/2016 DATED 4/4/2018 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT ON 20/4/2018.** 29 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **APPENDIX OF WP(C) 17978/2018** ## **PETITIONER EXHIBITS** **EXHIBIT P1 TRUE COPY OF PROCEEDING NO.A5-6105 DATED 25-11-2013 OF THE COCHIN DEVASWOM BOARD** **EXHIBIT P2 TRUE COPY OF ORDER DATED 29-03-2016 IN DBP.NO.40 OF 2016.** **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 31.07.2017 IN DBP.NO.40 OF 2016** - **EXHIBIT P4 TRUE COPY OF ORDER DATED 4-4-18 IN R.P.NO.1122 OF 2017 IN DBP NO.40 OF 2016** - **EXHIBIT P5 TRUE COPY OF ORDER NO.R1-1183/08 DATED 20-04-2018 OF THE COCHIN DEVASWOM BOARD.** **EXHIBIT P6 TRUE COPY OF ORDER NO.491/2017 DATED 15-05-2018 ISSUED BY RESPONDENT NO.10.** - **RESPONDENT EXHIBITS** **EXHIBIT R7(A) TRUE COPY OF THE ORDER BEARING NO.A5.5818/2016 DATED 26.07.2016 ISSUED BY THE 1ST RESPONDENT.** 30 D.B.P.No.40 of 2016 & W.P.(C) Nos.17613 & 17978 of 2018 and W.P.(C) No.18711 of 2019 ## **APPENDIX OF WP(C) 18711/2019** ## **PETITIONER EXHIBITS** **EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE DEVASWOM BOARD DATED 7.11.2013.** **EXHIBIT P2 TRUE COPY OF COMPLAINT NO.242 OF 2015, DATED 5.10.2015 SUBMITTED BY THE PETITIONER ALONG WITH THE OTHER DEVOTEES TO THE DEVASWOM OMBUDSMAN.** **EXHIBIT P3 TRUE COPY OF THE EXPLANATION ON 20.10.2015 SUBMITTED BY THE 2ND RESPONDENT TO THE HON'BLE DEVASWOM BOARD OMBUDSMAN.** - **EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY THE HON'BLE DEVASWOM BOARD OMBUDSMAN AS COHIN DEVASWOM BOARD REPORT NO.40/2016 DATED 29.03.2016.** **EXHIBIT P5 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN D.B.P.NO.40/2016 DATED 31.07.2017.** **EXHIBIT P6 TRUE COPY OF PROCEEDINGS OF THE 1ST RESPONDENT DATED 20.04.2018.** - **EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 30.05.2018 PASSED BY THIS HON'BLE COURT IN W.P.NO.17613/2018.** - **EXHIBIT P8 TRUE COPY OF ORDER DATED 14.06.2018 PASSED BY THE HON'BLE SUPREME COURT OF INDIA IN S.L.P.NO.15681/2018.** **EXHIBIT P9 TRUE COPY OF ORDER DATED 11.06.2019 PASSED BY THE 4TH RESPONDENT.**