K.P. Guru Das and K.G. Subramanian v. State of Kerala represented by the Secretary, Revenue (Devaswom) Department, Government of Kerala and others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR. JUSTICE G. GIRISH ``` ``` MONDAY, THE 15[TH]DAY OF JANUARY 2024 / 25[TH] POUSHA, 1945 ``` ``` W.P.(C)NO.25679OF 2023 ``` ## **`PETITIONERS:`** - **`1 K.P. GURU DAS AGED 60 YEARS S/O. K.R.PANDURANGAN, 18/700 RAM NIWAS, DR C.V.NARAYAN IYER ROAD, CHALAPPURAM P.O, CALICUT, PIN - 673002`** - **`2 K.G. SUBRAMANIAN AGED 72 YEARS S/O. LATE GOPINATH, "SAIKRISHNA", 18/214 TALI, KANDANKUM STREET, OPPOSITE OF CORPORATION JUBILEE HALL, CHALAPPURAM PO, CALICUT., PIN - 673002`** ``` BY ADVS. C.RAJENDRAN B.K.GOPALAKRISHNAN R.S.SREEVIDYA MANU M. ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001`** - **`2 THE DIRECTOR DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA, PARK VIEW, THIRUVANANTHAPURAM, PIN - 695033`** ``` 3 MALABAR DEVASWOM BOARD HOUSEFED COMPLEX, IRANTHIPALAM, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 670006 ``` 2 W.P.(C)No.25679 of 2023 - **`4 DEWASOM COMMISSIONER MALABAR DEVASWOM BOARD, OFFICE OF THE DEWASWOM BOARD, HOUSEFED COMPLEX, IRANTHIPALAM, KOZHIKODE DISTRICT, PIN - 670006`** - **`5 THE EXECUTIVE OFFICER TALI KSHETRAM, TALI ROAD NEAR ZAMORINS SCHOOL, CHALAPPURAM P.O., PALAYAM, KOZHIKODE, KERALA, PIN - 673002`** - **`6 K C UNNI ANUJAN RAJA, ABOUT 98 YEARS, TRUSTEE OF THE TALI TEMPLE, ZAMORIN RAJA OF CALICUT, THIRUVANNOOR, CALICUT, PIN - 673029`** ``` BY ADVS. A.C.VENUGOPAL VIDHYA. A.C(K/332/2003) ``` ## **`OTHER PRESENT:`** ``` SRI S.RAJMOHAN – SR. GOVERNMENT PLEADER ``` ``` SRI R.LAKSHMI NARAYAN - STANDING COUNSEL- MALABAR DEVASWOM BOARD ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.25679 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioners, who are devotees and regular worshippers of Tali Siva Temple, which is a controlled institution under the Malabar Devaswom Board, in which the 6[th] respondent is the hereditary trustee, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents not to construct any fountain and other connected structures in the tank (temple pond) of Tali Siva Temple or to use the temple pond as a place for sports, games, entertainments or for the purpose of tourism; a writ of mandamus commanding the respondents not to conduct any activity near or in the temple tank under the guise of tourism; and a writ of mandamus commanding the respondents not to reduce any portion of the place where devotional and the temple activities are taking place for any public or Government activities. 2. In the writ petition it is stated that during Vinayaka Chaturthi festival of Tali Siva Temple, the idol of Lord Ganapathi seated in two boats and tied together are being taken in procession inside the temple pond, which is being accompanied by the devotees moving in procession through the shore of the 4 W.P.(C)No.25679 of 2023 temple pond. On the last day of the annual festival, the idol being taken around that area on elephants accompanied by thousands of devotees and at the end of that ceremony, the deity will take a holy bath in the temple pond. In the writ petition, it is alleged that the State Government has decided to convert Tali Siva Temple and its surrounding area, including the temple pond, as a tourist center. The Minister for Public Works and Tourism made a statement, as evidenced by Ext.P1 press report that appeared in the Hindu daily dated 28.06.2023, that the Tourism Department has allotted Rs.1.40 Crores for the second phase of Tali Temple Heritage Project, which includes a stone mandapam and fountain in the middle of Tali Temple pond. 3. On 04.08.2023, when this writ petition came up for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for respondents 1 and 2. The learned Standing Counsel for Malabar Devaswom Board took notice for respondents 3 and 4. Urgent notice by special messenger was ordered to respondents 5 and 6, returnable on 08.08.2023. Taking note of the law laid down by this Court in ## **Chandran v. Travancore Devaswom Board [2003 (2) KLT** **497]** , this Court granted an interim order restraining respondents 5 W.P.(C)No.25679 of 2023 1 and 2 from proceeding with the construction of stone mandapam and fountain in the middle of Tali Temple pond and other construction activities, if any, in that temple pond as part of the Tourism project, for a period of one month. In that order, it was made clear that the said interim order will not stand in the way of any repair works being carried out in the temple pond as part of that project. The learned Senior Government Pleader was directed to make available for the perusal of this Court the entire files relating to the project in question, through the 2[nd] respondent Director, Tourism Department. The learned Senior Government Pleader and the learned Standing Counsel for Malabar Devaswom Board sought time to get instructions. 4. Respondents 5 and 6, namely, the Executive Officer and the hereditary trustee of Tali Siva Temple, have filed a counter affidavit dated 22.09.2023. Paragraphs 2 to 6 of that counter affidavit read thus; “2. It is respectfully submitted that the Tali Temple at Kozhikode which is under the trusteeship of the 6[th] respondent is a Temple built in the 14[th] century and is dedicated to Lord Siva. It is submitted that the Temple has two ponds. One inside the Temple wall which is used for the day to day poojas and rituals performed in the Temple and 6 W.P.(C)No.25679 of 2023 the other pond which is located outside the Temple wall. The pond located outside the Temple is a big pond in 1 acre 70.8 cents of land. The first phase of the Tali beautification project had commenced and was finally completed in the year 2022 at a cost of approx. 1.75 crores expended for the said purpose by the 2[nd] respondent. Photographs of the Tali pond after the 1[st] phase of beautification project is produced herewith and marked as Ext.R(5)(a). 3. Before the execution of the said project, the Tali temple pond situated outside the Temple and its vicinity was in a pitiable state. The side of the temple pond facing south was occupied by unauthorized shop owners who had been occupying the temple space for decades. On the initiative taken by the District Collector, Kozhikode the shop owners were vacated and the Araatukadavu of the temple was once again restored. The Araatukadavu is used once a year at the time of the Tali temple festival. The eastern side of the temple pond facing the school building was used by the public to take a bath in the temple pond and also for unauthorized vehicles to be parked. During night time, the eastern space was notorious for its use by tipplers and drug users. The police had regular complaints regarding misuse of the space for illegal purposes. Regular suicides used to take place every year by strangers jumping into the temple pond. The jurisdiction police station has a record of the innumerable deaths that have taken place in the pond. All efforts were taken by the hereditary trustee in co-operation with the Tourism department and the space was painstakingly restored for the benefit of the temple devotees. 7 W.P.(C)No.25679 of 2023 Various blocks were placed showing the history of various landmark events in the history of the temple and the city of Calicut. Both vernacular and English language versions have been placed for the benefit of the devotees. The North Eastern end of the temple pond had an LED Screen installed at great cost to be used by the temple authorities for special occasions. In the Northern side of the temple pond the ‘Kolakadavu’ was renovated and its use restricted. The western space of the temple pond has a Ganapathy and Balasubramanian temples. 4. The Tourism Department had taken the initiative to beautify a heritage area which has the ancient Tali Temple located. The work undertaken and executed by the Tourism Department in conjunction with the hereditary trustee at a huge cost has transformed the land scape of the Tali temple from a situation of neglect and gross misuse by the public in the vicinity of the temple. 5. It is submitted that the successful completion of the first phase, as a part of second phase of beautification of the Tali Temple pond, a meeting was convened under the Chairmanship of the District Collector on 03.05.2023 to discuss about the proposal made by the DTPC, Kozhikode to construct a Stone Mandapam with a fountain in the Temple pond as per the request of Temple committee. All the stakeholders and these respondents participated in the meeting. It was unanimously decided in the meeting held to go ahead with the proposal and obtained necessary NOCs. True copy of the minutes of meeting held on 03.05.2023 under the Chairmanship of District Collector, Kozhikode is 8 W.P.(C)No.25679 of 2023 produced herewith and marked as Ext.R(5)(b). Pursuant to the meeting held on 03.05.2023. DTPC, Kozhikode wrote an email dated 29.05.2023 to the 6[th] respondent seeking NOC from the 6[th] respondent as per the decision taken in Ext.R(5)(a). True copy of the email dated 29.05.2023 send by the DTPC, Kozhikode is produced herewith and marked as Ext.R(5)(c). The 6[th] respondent then contacted the Temple Tantri Sri. P.C. Sankaran Namboothiripad, who is the final authority on matters relating to temple rituals, rites, practices and ceremonies are concerned, for his approval. The Temple Tantri Sri. P.C. Sankaran Namboothiripad vide letter dated 30.05.2023 wrote to the 6[th] respondent that he has no objection to the construction of fountain in the Temple pond situated outside the Temple. True copy of the letter dated 30.05.2023 issued by the Temple Tantri Sri. P.C. Sankara Namboothiripad is produced herewith and marked as Ext.R(5)(d). After receiving the clearance from the Temple Tantri Sri. P.C. Sankara Namboothiripad, the 6[th] respondent issued a NOC letter dated 01.06.2023 to the Secretary, DTPC, Kozhikode for constructing Stone Mandapam with fountain in the Temple pond situated outside the Temple. True copy of the NOC letter dated 01.06.2023 issued by the 6[th] respondent to the Secretary, DTPC, Kozhikode is produced herewith and marked as Ext.R(5)(e). 6. It is respectfully submitted that the said project would definitely enhance the beauty and ambience of the temple and its pond, it is not true to state that the installation of the fountain and the Kalmandampam would cause damage and pollute the temple pond. These averments made by the 9 W.P.(C)No.25679 of 2023 petitioners are mindless and vexatious, are made with ulterior motives. The installation of the fountain and the Kalmandapam would enhance considerably the beauty of an ancient temple and its expansive pond situated outside and abutting the temple. It is a fact that the installation of the fountain would prevent stagnation of water and enable frequent movement of the water in the pond. Considering the public benefit accruing to the temple and its devotees, it is humbly prayed that this Hon'ble Court may be pleased to vacate the stay and permit the 2[nd] respondent to proceed with the project and complete the same.” 5. The 2[nd] respondent Director, Department of Tourism, has filed a counter affidavit dated 07.10.2023. Paragraphs 2 to 7 of the said affidavit read thus; “2. It is respectfully submitted that the Tali Temple at Kozhikode which is under the trusteeship of the 6[th] respondent is a temple build in the 14[th] century and is dedicated to Lord Siva. It is submitted that the temple has two ponds. One inside the temple wall which is used for the day to day poojas and rituals performed in the temple and the other pond which is located outside the temple wall. The pond located outside the temple is a big pond in 1 acre 70.8 cents of land. The first phase of the Tali beautification project had commenced and was finally completed in the year 2022 at a cost of approx. 1.25 crores expended for the said purpose by the 2[nd] respondent. True copy of the administrative sanction and photographs of the Tali pond 10 W.P.(C)No.25679 of 2023 after the first phase of beautification project is produced herewith and marked as Ext.R2 (a). 3. It is submitted that before the execution of the said project, the Tali temple pond situated outside the Temple and its vicinity was in a pitiable state. The side of the temple pond facing south was occupied by unauthorized shop owners who had been occupying the temple space for decades. On the initiative taken by the District Collector, Kozhikode the shop owners were vacated and the "Araatukadavu" of the temple was once again restored. The Araatukadavu is used once a year at the time of the Tali Temple festival. The eastern side of the temple pond facing the school building was used by the public to take a bath in the temple pond and also for unauthorized vehicles to be parked. During night time the eastern space was notorious for its use by tipplers and drug users. The police had regular complaints regarding misuse of the space for illegal purposes. Regular suicides used to take place every year by strangers jumping into the temple pond. The jurisdiction police station has a record of the innumerable deaths that have taken place in the pond. Due to the initiative taken by the Tourism Department, the said space was made beautiful with several blocks placed intermittently. The blocks had written on them the history of various landmark events in the history of Calicut both in the vernacular and English language. The North Eastern end of the temple pond had an LED Screen installed at great cost to be used by the temple authorities for special occasions. In the Northern side of the temple pond the ‘Kolakadavu’ was renovated and its use restricted. 11 W.P.(C)No.25679 of 2023 The western space of the temple pond has a Ganapathy and Balasubramanian temples. 4. It is submitted that the Tourism Department had taken the initiative to beautify a heritage area which has the ancient Tali Temple located. The work undertaken and executed by the Tourism Department at a huge cost has transformed the landscape of the Tali temple from a situation of neglect and gross misuse by the public in the vicinity of the temple. 5. It is submitted that after the successful completion of the first phase, as a part of second phase of beautification of the Tali Temple pond a meeting was convened under the Chairmanship of the District Collector on 03.05.2023 to discuss about the proposal made by the DTPC, Kozhikode to construct a Stone Mandapam with a fountain in the Temple pond as per the request of Temple committee. All the stakeholders and these respondents participated in the meeting. It was unanimously decided in the meeting held to go ahead with the proposal and obtained necessary NOCS. True copy of the minutes of meeting held on 03.05.2023 under the Chairmanship of District Collector, Kozhikode is produced herewith and marked as Ext.R2 (b), Pursuant to the meeting held on 03.05.2023 DTPC, Kozhikode wrote an Email dated 30.08.2022 to the 6[th] respondent seeking NOC from the 6[th] respondent as per the decision taken in Ext.R5 (a). True copy of the Email dated 30.08.2022 send by the DTPC, Kozhikode is produced herewith and marked as Ext.R2 (c). The 6[th] respondent then contacted the Temple Tantri Sri. P.C Sankaran Namboothiripad who is the final authority on 12 ## W.P.(C)No.25679 of 2023 matters relating to temple rituals, rites, practices and ceremonies are concerned for his approval. The Temple Tantri Sri. P.C. Sankaran Nainboothiripad vide letter dated 30.05.2023 wrote to the 6[th] respondent that he has no objection to the construction of fountain in the Temple pond situated outside the Temple. True copy of the letter dated 30.05.2023 issued by the Temple Tantri Sri. P.C. Sankara Nainboothiripad is produced herewith and marked as Ext.R2(d). After receiving the clearance from the Temple Tantri Sri. P.C. Sankara Nainboothiripad, the 6[th] respondent issued a NOC letter dated 01.06.2023 to the Secretary, DTPC, Kozhikode for constructing Stone Mandapam with fountain in the Temple pond situated outside the temple. True copy of the NOC letter dated 01.06.2023 issued the 6[th] respondent to the Secretary, DTPC, Kozhikode is produced herewith and marked as Ext.R2(d). 6. It is respectfully submitted that the said project would definitely enhance the beauty and ambiance of the temple and its pond, it is not true to state that the installation of the fountain and the Kalmandapam would cause damage and pollute the temple pond. These averments have been made by the petitioners with ulterior motives. It is humbly submitted that the fact is otherwise. The installation of the fountain and the kalmandapam would enhance considerably the beauty of an ancient temple and its expansive pond situated outside and abutting the temple. It is a fact that the installation of the fountain would enable frequent movement of the water in the pond and by such recycling of the water in the pond, the water would be cleaned up from time to 13 ## W.P.(C)No.25679 of 2023 time. Considering the public benefit accruing to the temple and its pond it is humbly prayed that this Hon'ble Court may be pleased to vacate the stay and permit the 2[nd] respondent to proceed with the project and complete the same. 7. It is most respectfully submitted that the Tourism Department has no arbitrary or malafide intention to convert the place of spirituality into a place of enjoyment. Pilgrim Tourism is also a part Tourism by which Tourism Department attempts to facilitate better pilgrimage experience to the devotees without spoiling tradition or spirituality. The 2[nd] respondent has taken up the said project only after obtaining necessary sanctions and permissions from the temple authorities. Therefore, the contentions raised by the petitioners are baseless and devoid of merit and liable to be rejected accordingly. 6. Heard the learned counsel for the petitioners, the learned Senior Government Pleader for respondents 1 and 2, the learned Standing Counsel for Malabar Devaswom Board for respondents 3 and 4 and the learned counsel for respondents 5 and 6. 7. The issue that requires consideration in this writ petition is as to whether the 2[nd] respondent Director, Department of Tourism and respondents 5 and 6, namely, the Executive Officer and hereditary trustee of Tali Siva Temple, can be permitted to 14 ## W.P.(C)No.25679 of 2023 proceed with the construction of Kalmandapam and water fountain in the middle of Tali Temple pond. 8. 'Deva' means God and 'swom' means ownership in Sanskrit and the term 'Devaswom' denotes the property of God in common parlance. [see: **Prayar Gopalakrishnan and another v. State of Kerala and others** - **2018 (1) KHC 536]** 9. In **M.V. Ramasubbiar v. Manicka Narasimachara** **[(1979) 2 SCC 65]** , in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the nature of the fiduciary position of the trustee and his duties and obligations. It is the duty of the trustees of the property to be faithful to the Trust and execute any document with reasonable diligence in the manner of an ordinary prudent man of business would conduct his own affairs. A trustee could not, therefore, occasion any loss to the Trust and it is his duty to sell the property if at all that was necessary, to the best advantage. Paragraph 4 of that decision reads thus; “4. There is some controversy on the question whether defendant 1 made an outright purchase of the suit property for and on behalf of the trust for Rs. 21,500 on April 19, 1959, or whether he intended to purchase it for himself and then decided to pass it on to the trust, for defendants have 15 W.P.(C)No.25679 of 2023 led their evidence to show that the property was allowed to be sold for Rs.21,500, which was less than its market value, as it was meant for use by the trust and that Defendant 1 was not acting honestly when he palmed off the property to his son soon after by the aforesaid sale deed Ext.B13 dated July 14, 1960. The fact, however, remains that Defendant 1 was the trustee of the property, and it was his duty to be faithful to the trust and to execute it with reasonable diligence in the manner an ordinary prudent man of business would conduct his own affairs. He could not therefore occasion any loss to the trust and it was his duty to sell the property, if at all that was necessary, to best advantage. It has in fact been well recognised as an inflexible rule that a person in a fiduciary position like a trustee is not entitled to make a profit for himself or a member of his family. It can also not be gainsaid that he is not allowed to put himself in any such position in which a conflict may arise between his duty and personal interest, and so the control of the trustee's discretionary power prescribed by Section 49 of the Act and the prohibition contained in Section 51 that the trustee may not use or deal with the trust property for his own profit or for any other purpose unconnected with the trust, and the equally important prohibition in Section 52 that the trustee may not, directly or indirectly, buy the trust property on his own account or as an agent for a third person, cast a heavy responsibility upon him in the matter of discharge of his duties as the trustee. It does not require much argument to proceed to the inevitable further conclusion that the Rule 16 W.P.(C)No.25679 of 2023 prescribed by the aforesaid sections of the Act cannot be evaded by making a sale in the name of the trustee's partner or son, for that would, in fact and substance, indirectly benefit the trustee. Where therefore a trustee makes the sale of a property belonging to the trust, without any compelling reason, in favour of his son, without obtaining the permission of the court concerned, it is the duty of the court, in which the sale is challenged, to examine whether the trustee has acted reasonably and in good faith or whether he has committed a breach of the trust by benefitting himself from the transaction in an indirect manner. The sale in question has therefore to be viewed with suspicion and the High Court committed an error of law in ignoring this important aspect of the law although it had a direct bearing on the controversy before (underline supplied) ## 10. In **A.A. Gopalakrishnan v. Cochin Devaswom** **Board [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court held that the properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their trustees/archakas/shebaits/ employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active 17 W.P.(C)No.25679 of 2023 collusion of the authorities concerned. Such acts of ‘fence eating the crops’ should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. 11. In **Travancore Devaswom Board v. Mohanan Nair** **[(2013) 3 KLT 132]** a Division Bench of this Court noticed that in **A.A. Gopalakrishnan [(2007) 7 SCC 482]** a Three-Judge Bench of the Apex Court emphasised that it is the duty of the courts to protect and safeguard the interest and properties of the religious and charitable institutions. The Division Bench further noticed that the relevant principles under the Hindu law will show that the deity is always treated similar to that of a minor and there are some points of similarity between a minor and a Hindu idol. The High Court is the guardian of the deity and apart from the revisional jurisdiction under Section 103 of the Kerala Land Reforms Act, 1963, the High Court has inherent jurisdiction and the doctrine of _parens patriae_ will also apply in exercising the jurisdiction. 12. Tali Siva Temple is a controlled institution under the 18 ## W.P.(C)No.25679 of 2023 Malabar Devaswom Board. The 5[th] respondent is the Executive Officer and the 6[th] respondent is the hereditary trustee of Tali Siva Temple. As held in the decisions referred to supra, it is the duty of the trustees to be faithful to the Devaswom and manage, protect and safeguard the interest and properties of the Devaswom, with reasonable diligence. The Malabar Devaswom Board and its officials are duty-bound to exercise their supervisory control in order to ensure that the interests and properties of the Devaswom are protected and safeguarded by its trustees and the employees of the Devaswom. Any act of ‘fence eating the crops’ should be dealt with sternly by the Board and its officials. 13. In **Chandran v. Travancore Devaswom Board** **[2003 (2) KLT 497]** , after referring to the provisions under Rules 4 and 8 of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, a Division Bench of this Court held that temple pond is a place of religious sanctity. In view of the provisions under Rule 8, the place of public worship and premises shall not be used for purposes unconnected with or arising from the worship, usages and observations of such places of public worship. 14. It is not in dispute that during Vinayaka Chaturthi 19 ## W.P.(C)No.25679 of 2023 festival of Tali Siva Temple, the idol of Lord Ganapathi seated in two boats and tied together are being taken in procession inside the temple pond, which is accompanied by the devotees moving in procession through the shore of the temple pond. On the last day of the annual festival, the idol being taken around that area on elephants accompanied by thousands of devotees and at the end of that ceremony, the deity will take a holy bath (araattu) in the temple pond. 15. In paragraph 3 of the counter affidavit filed by respondents 5 and 6 it is stated that ‘araatukadavu’ is used once a year at the time of Tali Temple Festival. In paragraph 5 of the counter affidavit filed by respondents 5 and 6 it is stated that the proposal made by the DTPC, Kozhikode, to construct a Stone Mandapam (Kalmandapam) with a fountain in the Tali Temple Pond was as per the request of Temple Committee. The 6[th] respondent hereditary trustee obtained Ext.R2(d) opinion of the Thantri, wherein it is stated that the Thantri has no objection to the installation of fountains in the Tali Temple Pond. 16. In view of the law laid down by this Court in **Chandran [2003 (2) KLT 497]** the temple pond of Tali Siva Temple, which is a place of religious sanctity, shall not be used for purposes 20 W.P.(C)No.25679 of 2023 unconnected with or arising from the worship, usages and observations of that temple. Therefore, the construction of Kalmandapam with fountain, as part of the tourism project, cannot be permitted to be undertaken in the middle of Tali Temple Pond. In the above circumstances, this writ petition is disposed of by restraining the 5[th] respondent Executive Officer, the 6[th] respondent hereditary trustee of Tali Siva Temple and the 2[nd] respondent Director, Department of Tourism from constructing Kalmandapam with fountain, as part of the tourism project, in the middle of Tali Temple Pond. Sd/- **ANIL K. NARENDRAN, JUDGE** Sd/- **G. GIRISH, JUDGE** MIN 21 ## W.P.(C)No.25679 of 2023 ## **`APPENDIX OF WP(C) 25679/2023`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 A TRUE PHOTOCOPY OF THE REPORT REGARDING THE ANNOUNCEMENT OF THE PUBLIC WORKS MINISTER PA MUHAMMAD RIYAZ DATED 28/06/2023, DOWNLOADED FROM THE WEBSITE ``` ## **`RESPONDENT EXHIBITS`** ``` R5(A) PHOTOGRAPHS OF THE OF THE TALI POND AFTER THE 1ST PHASE OF BEAUTIFICATION PROJECT R5(B) TRUE COPY OF THE MINUTES OF MEETING HELD ON 03.05.2023 UNDER THE CHAIRMANSHIP OF DISTRICT COLLECTOR, KOZHIKODE R5(C) TRUE COPY OF THE EMAIL DATED 29.05.2023 SEND BY THE DTPC, KOZHIKODE R5(D) TRUE COPY OF THE LETTER DATED 30.05.2023 ISSUED BY THE TEMPLE THANTHRI SRI. P.C. SANKARA NAMBOOTHIRIPAD R5(E) TRUE COPY OF THE NOC LETTER DATED 01.06.2023 ISSUED BY THE 6TH RESPONDENT TO THE SECRETARY, DTPC, KOZHIKODE EXHIBIT R2(A) TRUE COPY OF THE ADMINISTRATIVE SANCTION AND PHOTOGRAPHS OF THE TALI POND AFTER THE 1ST PHASE OF BEAUTIFICATION PROJECT EXHIBIT R2(B) TRUE COPY OF THE MINUTES OF MEETING HELD ON 03/05/2023 UNDER THE CHAIRMAN SHIP OF DISTRICT COLLECTOR,KOZHIKODE EXHIBIT R2(C) TRUE COPY OF THE E-MAIL DATED 30/08/2022 SEND BY THE DTPC,KOZHIKODE EXHIBIT R2(D) TRUE COPY OF THE LETTER DATED 30/05/2023 ISSUED BY THE TEMPLE THANTHRI SRI.P.C.SANKARA NAINBOOTHIRIPAD EXHIBIT R2(E) TRUE COPY OF THE NOC LETTER DATED 01/06/2023 ISSUED BY THE 6TH RESPONDENT TO THE SECRETARY,DTPC,KOZHIKODE ```