Narayanankutty K v. Special Devaswom Commissioner, Cochin Devaswom Board, Thrissur Municipal Corporation and others

DBP No.35 of 2023 1 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` WEDNESDAY, THE 26[TH] DAY OF JULY 2023 / 4TH SRAVANA, 1945 ``` ``` DBP NO.35 OF 2023 ``` ``` IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - TDB ``` ``` PROCEEDINGS INITIATED - REG. ``` ``` ------------ ``` ``` COCHIN DEVASWOM BOARD - REPORT NO.13 OF 2023 IN COMPLAINT NO.136A OF 2022 OF THE LEARNED OMBUDSMAN - ALLEGATIONS AGAINST THE MANNER IN WHICH WADAKKUMNATHAN TEMPLE COMPOUND IS MAINTAINED ``` ## **`PETITIONER:-`** ``` NARAYANANKUTTY K 28/575/3, PALIYAM ROAD, THRISSUR 680 001. BY ADVS. RAAJESH S.SUBRAHMANIAN V.R.RAJESH(K/257/2008) ``` ## **`RESPONDENTS:-`** |**`1`**|**`THE SPECIAL DEVASWOM COMMISSIONER`**| |---|---| ||**`COCHIN DEVASWOM BOARD, ROUND NORTH,`**| ||**`THRISSUR 680 001.`**| |**`2`**|**`*THE SECRETARY`**| ||**`COCHIN DEVASWOM BOARD, ROUND NORTH,`**| ||**`THRISSUR, PIN 680 001,`**| ||**`*(CORRECTED SUO MOTU VIDE ORDER`**| ||**`DATED 02.06.2023 IN DBP 35/2023 AS)`**| ||**`COCHIN DEVASWOM BOARD, REPRESENTED BY ITS`**| ||**`SECRETARY, ROUND NORTH, THRISSUR, PIN 680 001.`**| |**`3`**|**`ADDL.R3) STATE OF KERALA,`**| ||**`REPRESENTED BY THE PRINCIPAL SECRETARY TO`**| ||**`GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT,`**| ||**`GOVERNMENT SECRETARIAT,`**| ||**`THIRUVANANTHAPURAM, PIN-695 001;`**| DBP No.35 of 2023 2 - **`4 ADDL.R4) COMMISSIONER OF POLICE, THRISSUR CITY, PATTALAM ROAD, SAKTHAN THAMPURAM NAGAR, VELIYANNUR, THRISSUR DISTRICT-680 001;`** - **`5 ADDL.R5) CIRCLE INSPECTOR OF POLICE, TOWN EAST POLICE STATION, THRISSUR-680 005;`** - **`6 ADDL.R6) ASSISTANT DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD, THRISSUR GROUP, SWARAJ ROUND NORTH, THRISSUR, PIN - 680 001;`** - **`7 ADDL.R7) TEMPLE ADVISORY COMMITTEE OF VADAKKUMNATHA TEMPLE, REPRESENTED BY ITS SECRETARY, SWARAJ ROUND NORTH, THEKKINKAD MAIDAN, THRISSUR-680 001;`** - **`8 ADDL.8) THRISSUR MUNICIPAL CORPORATION, REPRESENTED BY ITS SECRETARY, M.O. ROAD, THEKKINKAD MAIDAN, THRISSUR-680 001`** - **`(ADDL. RESPONDENTS 3 TO 8 IMPLEADED SUO MOTU VIDE ORDER DATED 02.06.2023 IN DBP NO.35 OF 2023)`** ``` BY ADVS. P.B.SUBRAMANYAN P B SANTHOSH P. PODUVAL P.B.KRISHNAN(K/1193/1994) SABU GEORGE(K/000711/1998) MANU VYASAN PETER(K/000652/2013) MEERA P.(K/000191/2019) SANTHOSH P.PODUVAL ``` ``` THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` DBP No.35 of 2023 3 ## **ORDER** ## **Anil K. Narendran, J.** This DBP is registered based on Report No.13 of 2023 in Complaint No.136A of 2022 of the learned Ombudsman. The allegations in the complaint are mainly regarding the manner in which Vadakkumnathan Temple Compound is maintained. 2. On 02.06.2023, when this DBP came up for consideration additional respondents 3 to 8 were impleaded _suo motu_ . The learned Senior Government Pleader entered appearance for additional respondents 3 to 5. The learned Standing Counsel for Cochin Devaswom Board entered appearance for additional respondents 6 and 7. The learned Standing Counsel for Thrissur Municipal Corporation entered appearance for the additional 8[th] respondent. Notice was ordered to the additional 7[th] respondent Temple Advisory Committee, through the additional 6[th] respondent Assistant Devaswom Commissioner. The learned Standing Counsel for Cochin Devaswom Board, the learned Senior Government Pleader and also the learned Standing Counsel for Thrissur Municipal Corporation sought time to get instructions. 3. On 16.06.2023, when this DBP came up for DBP No.35 of 2023 4 consideration, the learned Standing Counsel for Cochin Devaswom Board sought time to file an affidavit of the Secretary of the Board. The matter was ordered to be posted along with Cont. Case(C)No.1042 of 2023 in W.P.(C)No.4617 of 2022. On 21.06.2023, notice was ordered to the complainant by speed post returnable within three weeks. 4. On 14.07.2023, when this DBP came up for consideration along with connected cases, i.e., Case(C)No.1042 of 2023 and DBP No.32 of 2023, this Court passed the following order; “Cont. Case (C)No.1042 of 2023 has been filed alleging willful disobedience of the directions contained in the judgment of this Court dated 11.04.2023 in W.P.(C)No.4617 of 2022 and connected matter, i.e., W.P.(C)No.26499 of 2018. 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 DBP No.35 of 2023 5 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 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 DBP No.35 of 2023 6 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 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 DBP No.35 of 2023 7 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 DBP No.35 of 2023 8 trustee on behalf 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 DBP No.35 of 2023 9 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. 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 [343 x 176] intentionally omitted <==** **==> picture [341 x 196] intentionally omitted <==** DBP No.35 of 2023 **==> picture [11 x 7] intentionally omitted <==** **----- Start of picture text -----**<br> 10<br>**----- End of picture text -----**<br> **==> picture [288 x 181] intentionally omitted <==** **==> picture [290 x 177] 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 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 DBP No.35 of 2023 11 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.” 5. Heard the learned Standing Counsel for Cochin Devaswom Board for respondents 1, 2 and additional 6[th] respondent; the learned Senior Government Pleader for additional respondents 3 to 5; the learned counsel for additional 7[th] respondent Temple Advisory Committee and the learned Standing Counsel for Thrissur Municipal Corporation for additional 8[th] respondent. 6. The Travancore-Cochin Hindu Religious Institutions Act, 1950, was made for making provisions for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Chapter VIII of the Act deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62, the administration of incorporated and unincorporated Devaswoms and Hindu Religious DBP No.35 of 2023 12 Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board. As per sub-section (2) of Section 62, notwithstanding the provisions contained in sub-section (1), the regulation and control of all rituals and ceremonies in the temple of Sree Poornathrayeesa at Trippunithura and in the Pazhayannur Bhagavathy temple at Pazhayannur shall continue to be exercised as hitherto by the Ruler of Cochin. 7. Section 62A of the Act, inserted by Act 14 of 1990, deals with Devaswom properties. As per Section 62A, all immovable properties vested in the Cochin Devaswom Board - under sub section (1) of Section 62 shall be dealt with as Devaswom Properties. The provisions of the Kerala Land Conservancy Act, 1957 shall be applicable to Devaswom lands as in the case of Government lands. As per Section 62B, all unassigned lands belonging to the Devaswom under the sole management of the Board shall be deemed to be the property of DBP No.35 of 2023 13 the Government for the purpose of the Kerala Land Conservancy Act, 1957 and all the provisions of that Act shall, so far as they are applicable, apply to such lands. 8. Section 68 of the Act provides for administration by the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law, for the time being in force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. As per sub-section (2) of Section 68, notwithstanding anything contained in subsection (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund. 9. Section 73A of the Act deals with the duties of the Board. As per Section 73A, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv), namely, (i) to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly; DBP No.35 of 2023 14 (ii) to monitor whether the administrative staff and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu Religious Institutions; (iv) to establish and maintain proper facilities in major temples for the devotees. 10. Section 74 of the Act deals with vesting of jurisdiction in the Board. As per Section 74, subject to the provisions of subsection (2) of Section 62, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Cochin prior to the 1[st] day of July, 1949 in respect of incorporated and unincorporated Devaswoms and Institutions shall vest in and be exercised by the Board in accordance with the provisions of the Act. Section 74 of the Act deals with superintendence and control by the Board. As per Section 64, the Board shall, subject to the provisions of Part II of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department. 11. A temple is the focal point in the life of a community and often represents its pride, identity and unity. The worship takes place in the sanctum sanctorum and within the temple premises and the festivals involve the direct participation of the entire community, which are the expression of a community’s joy, DBP No.35 of 2023 15 exuberance, devotion and pride and are also an idiom of a community’s cohesiveness. Therefore, in discharge of the statutory duty under Section 73A of the Travancore-Cochin Hindu Religious Institutions Act, the Cochin Devaswom Board and its officials have to ensure that the festivals in Vadakkumnatha Temple are conducted in an accustomed manner, enabling all worshippers to exercise their right to worship subject to the practice and tradition in that temple. 12. DBP No.32 of 2023, which was registered _suo motu_ based on a news item that appeared in Kerala Kaumudi daily dated 10.05.2023, is disposed of by a separate order of this Court dated this date. Paragraphs 15, 16 and also the last paragraph of the said order read thus; “15. In the judgment dated 28.03.2003 in O.P. No. 8521 of 2003 and C.M.Ps in DBA. No. 143 of 2002 a Division Bench of this Court permitted the use of the exhibition ground in Thekkinkad Maidan for conducting Onam Fair by Civil Supplies Corporation, etc. Based on CDB Report No. 125 of 2010 of the learned Ombudsman, DBP. No. 48 of 2010 was initiated, which was disposed of by the order dated 08.07.2013, making the interim order dated 08.06.2011 in that DBP absolute. The said interim order is extracted in paragraph 2 of the order dated 08.07.2013. Paragraph 10 of the interim order dated 08.06.2011 is extracted hereunder; DBP No.35 of 2023 16 “10. We are also told that there are no hoardings and advertisement boards inside Thekkindkadu Maidan, we also further direct that the Secretary, Cochin Devaswom Board will ensure that the entire Thekkinkadu Maidan is kept - plastic free. The Secretary of the Thrissur Corporation is also directed to ensure that the environmental safety levels are maintained in - connection with plastic and non biodegradable and also biodegradable substances insofar as Thekkinkadu Maidan is concerned particularly because it is an area which attracts the public.” 16. Therefore, the 2[nd] respondent Cochin Devaswom Board and the 7[th] respondent Thrissur Municipal Corporation shall ensure that the entire Thekkinkadu Maidan is kept plasticfree and that the environmental safety levels are maintained in the entire Maidan in connection with plastic and nonbiodegradable and also biodegradable substances. With the above directions, this DBP is disposed of.” 13. The common issue raised in W.P.(C)Nos.26499 of 2018 and 4617 of 2022 relates to the protection of Vadakkumnatha Kshetra Maidan (Thekkinkadu Maidan). Those writ petitions were disposed of by a common judgment dated 11.04.2023 **[K.B.Sumodh v. Commissioner, Cochin Devaswom Board and others - 2023:KER:25530]** . In the said decision, this Court held that Vadakkumnatha Kshethra Maidan (Thekkinkadu Maidan) is a Devaswom land, which is managed by the Cochin Devaswom DBP No.35 of 2023 17 Board as a trustee in management of Devaswom property, in terms of the provisions of the Travancore Cochin Hindu Religious Institutions Act. There is no dispute on this fact. That being so, there cannot be any activity in Thekkinkadu Maidan, except in accordance with the objects of the trust. Paragraphs 32 to 35 of the said judgment read thus; “32. By the order dated 08.07.2013, DBP No.48 of 2010 initiated based on CDB Report No.125 of 2010 of the learned Ombudsman, was disposed of, making the interim order dated 08.06.2011 in that DBP absolute. The said interim order dated 08.06.2011, which was extracted in paragraph 2 of the order dated 08.07.2013 in DBP No.48 of 2010, has already been extracted hereinbefore at paragraph 22. In terms of the said order, there shall be no construction, beautification or other activities in the Thekkinkadu Maidan by the Government or the Corporation of Thrissur or any other authority without obtaining specific orders from this Court. It was further directed that there shall be no construction activity by the Cochin Devaswom Board in the Thekkinkadu Maidan without obtaining specific orders from this Court. It was made clear that, this inhibition will not cover such temporary structures which are necessary in connection with Pooram, festivals, rituals, exhibitions, etc. In the order dated 08.07.2013 in DBP No.48 of 2010, this Court has made absolute, the prohibition contained in the interim order dated 08.06.2011 that there are no hoardings and advertisement board inside Thekkindkadu Maidan. The Secretary, Cochin Devaswom Board, was directed to ensure DBP No.35 of 2023 18 - that the entire Thekkinkadu Maidan is kept plastic free and the Secretary, Thrissur Municipal Corporation was directed to ensure that the environment safety level is maintained in - connection with plastic and non biodegradable and also biodegradable substances, insofar as Thekkinkadu Maidan is concerned. In the order dated 08.06.2011, this Court directed that no other programmes except those permitted will be undertaken without specific orders of this Court. The said order was made absolute in the order dated 08.07.2013 in DBP No.48 of 2010, wherein it was ordered that all the directions will remain as such for future application. 33. DBP No.78 of 2013 was registered based on CDB Report No.81 of 2013 of the learned Ombudsman in Petition No.23 of 2013 filed by the Cochin Devaswom Board seeking permission to use Thekkinkadu Maidan for commercial purposes like conducting exhibitions, etc. In the order dated 30.09.2013, the Division Bench noticed that, apart from seeking permission as aforesaid, permission was also sought for allowing political parties to conduct meetings, etc., in Thekkinkadu Maidan. The Division Bench found that, the view taken in paragraph 3 of the order dated 08.07.2013 in DBP No.48 of 2010 is that only restricted activities can be permitted in Thekkinkadu Maidan apart from using it in connection with Thrissur Pooram Festival. Therefore, in the order dated 30.09.2013 in DBP No.78 of 2013, the Division Bench took a view that, if any other unrestricted activities are permitted, it will have an adverse impact on the property which is one of the important locations as far as the entire town is concerned. Therefore, the order passed in DBP No.48 of 2010 will take care of all matters which may arise in future. In the said order, the Division Bench clarified that, whenever DBP No.35 of 2023 19 fresh applications or proposals are received from interested parties, the Cochin Devaswom Board will place the matter before this Court for consideration and only after sanction by this Court any such activities can be permitted. 34. In view of the orders referred to hereinbefore, any activity other than those permitted in terms of those orders, can be permitted in Thekkinkadu Maidan, which is a Devaswom land, which is managed by the Cochin Devaswom Board as a trustee in management of Devaswom property can be permitted only after sanction by this Court. It is ordered accordingly. 35. The photographs placed on record as Ext.P8 series in W.P.(C)No.26499 of 2018 would show that the directions contained in the order dated 08.07.2013 in DBP No.48 of - 2010 that the entire Thekkinkadu Maidan is kept plastic free and that, the environment safety level is maintained in Thekkinkadu Maidan, in connection with plastic and nonbiodegradable and also biodegradable substances, are being openly flouted by the Cochin Devaswom Board and also the Thrissur Municipal Corporation. The photographs placed on record as Exts.P4 and P5 in W.P.(C)No.4617 of 2022 would show that hoardings, advertisement boards and flags of political parties are erected inside Thekkinkadu Maidan, openly flouting the directions contained in the order of this Court dated 08.07.2013 in DBP No.48 of 2010. It is for the Cochin Devaswom Board and its officials to ensure strict compliance of the directions contained in the order of this Court dated 08.07.2013, while maintaining Thekkinkadu Maidan, which is a Devaswom land, which is being managed by the Board as a trustee in management of Devaswom properties. No hoardings, advertisement boards or flags of DBP No.35 of 2023 20 political parties shall be erected inside Thekkinkadu Maidan. Musical concerts by Rock Bands, similar to that conducted on 31.12.2022, as ‘new year event’ in connection with Thrissur shopping festival of Thrissur Municipal Corporation and Thrissur Chamber of Commerce, as evidenced by Ext.P10(a) photographs and Ext.P10(b) to P10(d) videographs cannot be permitted in Thekkinkadu Maidan. It is ordered accordingly.” 14. By the order dated this date in DBP No.32 of 2023, the 2[nd] respondent Cochin Devaswom Board and the additional 8[th] respondent Thrissur Municipal Corporation were directed to ensure that the entire Thekkinkadu Maidan is kept plastic-free and that the environmental safety levels are maintained in the entire maidan in connection with plastic and non-biodegradable and also biodegradable substances. In addition to the directions contained in the said order, it is ordered that the directions contained in the common judgment in **K.B.Sumodh v. Commissioner, Cochin Devaswom Board and others [2023:KER:25530]** shall be scrupulously followed by the Cochin Devaswom Board and Thrissur Municipal Corporation. Musical concerts by Rock Bands similar to that conducted on 31.12.2022 as ‘new year event’ in connection with Thrissur Shopping Festival and similar activities creating noise pollution and disturbance to the temple rituals and DBP No.35 of 2023 21 ceremonies shall not be permitted in Thekkinkadu Maidan, which is a Devaswom property. No part of Thekkinkadu Maidan shall be used by Cochin Devaswom Board or Thrissur Municipal Corporation for the disposal of biodegradable or nonbiodegradable waste generated during Thrissur Pooram Festival, exhibitions, etc. The Cochin Devaswom Board shall deploy sufficient number of security staff for watch and ward duty in Thekkinkadu Maidan. The additional 5[th] respondent Circle Inspector of Police shall ensure regular patrolling by the police to ensure that Thekkinkadu Maidan, which is a Devaswom property, is not used for any illegal activities, in any manner. **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/-** ## **P.G. AJITHKUMAR, JUDGE** Dxy