Saleesh. V vs State 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 ``` ``` TUESDAY, THE 5[TH] DAY OF DECEMBER 2023/14TH AGRAHAYANA, 1945 WP(C) NO. 15135OF 2023 ``` ``` PETITIONER: ``` ``` SALEESH. V, AGED 35 YEARS, S/O SIVADASAN, VATTIALATH HOUSE, PILASSERY P.O, KUNNAMANGALAM, KOZHIKODE DISTRICT, PIN – 673 571 BY ADV H.KIRAN ``` ``` RESPONDENTS: ``` - **`1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, CULTURAL AFFAIRS DEPARTMENT THE DIRECTORATE OF CULTURE ANANTHAVILASAM PALACE, THEKKENADA, FORT PO, THIRUVANANTHAPURAM, PIN – 695 023`** - **`2 THE DIRECTOR DIRECTORATE OF ARCHAEOLOGY, KERALA SUNDARA VILASAM PALACE, FORT P.O., THIRUVANANTHAPURAM, PIN – 695 023`** - **`3 NATIONAL MONUMENTS AUTHORITY, REPRESENTED BY THE DIRECTOR OF ARCHAEOLOGY AND COMPETENT AUTHORITY, KERALA, SUNDARA VILASAM PALACE, FORT (PO), THIRUVANANTHAPURAM, PIN – 695 023`** - **`4 MALABAR DEVASWOM BOARD, REPRESENTED BY THE SECRETARY HOUSEFED COMPLEX, ERANHIPALAM PO. KOZHIKODE DISTRICT, PIN – 673 006`** - **`5 THE COMMISSIONER, MALABAR DEVASWOM BOARD, HOUSEFED COMPLEX, ERANHIPALAM P.O, KOZHIKODE DISTRICT, PIN – 673 006`** - **`6 THE EXECUTIVE OFFICER, THIRUNELLI MAHAVISHNU TEMPLE, THIRUNELLI TEMPLE P.O., WAYANAD DISTRICT, PIN – 670 646`** 2 W.P.(C)No.15135 of 2023 ``` *ADDL R7P.B.KESAVADAS, HEREDITARY TRUSTEE, THIRUNELLI MAHAVISHNU TEMPLE, THIRUNELLI TEMPLE P.O., MANANTHAWADI, WAYANAD DISTRICT, PIN- 670 646 (IS SUO MOTU IMPLEADED AS ADDITIONAL R7 AS PER ORDER DATED 25.05.2023 ) ``` ``` BY ADVS. SRI.MAHESH V RAMAKRISHNAN SRI.K.MOHANAKANNAN PRAVEEN K.S.(K/2191/2021) SRI.H.PRAVEEN (KOTTARAKARA)(K/736/2011) SRI S.MANU - DSGI ; SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ; SRI R.LAKSHMI NARAYAN- STANDING COUNSEL- MALABAR DEVASWOM BOARD ; SRI M.R ARUN KUMAR- ADVOCATE COMMISSIONER ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)No.15135 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The petitioner is a devotee of Thirunelli Mahavishnu Temple. The renovation work of the temple is going on. The petitioner would allege that the renovation work of the 15[th] Century structure of the Temple is being done in a way so as to totally damage its archaeological value. The Sanctum Sanctorum of the Temple has been reconstructed. The Chuttambalam has been pulled down and is under construction. The Vilakkumadam was an exquisite granite structure, though incomplete, and is part of history because of its unique nature. Other structures of the Temple of archaeological value are also being replaced in a way as to lose all its archaeological and monument relevance. On the basis of such allegations, the petitioner seeks to issue a writ of mandamus commanding the 2[nd] respondent to constitute a committee of experts in order to monitor and ensure that the archaeological and architectural value of the Temple is preserved. 2. On 22.05.2023, when this writ petition came up for consideration, after hearing the learned Senior Government Pleader, the learned Standing Counsel for the Malabar Devaswom Board and also the learned counsel for the 4 W.P.(C)No.15135 of 2023 petitioner, this Court appointed Sri.M.R.Arunkumar, lawyer of this Court, as Advocate Commissioner. The learned Commissioner was directed to inspect the premises at 11.00 a.m. on 28.05.2023. A report and the restraint order issued by the 2[nd] respondent, the Director of Archaeology, Kerala, were made available for our perusal by the learned Senior Government Pleader. After considering the said report, the order and the submissions made at the bar, we had issued an interim order restraining the 6[th] respondent, the Executive Officer, Thirunelli Sree Mahavishnu Temple from proceeding with any renovation work in the Temple for a period of ten days. The interim order was extended further till 07.06.2023. The learned Advocate Commissioner placed on record a detailed report after inspection of the Temple, along with Annexures C1 to C35. 3. On 15.06.2023, when this writ petition came up for consideration, this Court passed a detailed order. Paragraphs 10 and 11 of that order read thus; “10. The Chuttambalam as devised is a structure having roof. It is seen that inner areas of the basement are filled with red-earth. Upon the basement, most of the pillars are erected. Roof has to be placed over the pillars. Unless the roof is constructed, rain water would be collected 5 W.P.(C)No.15135 of 2023 inside the structure. The floor inside is now filled with red-earth. If rain water is collected there, the chance to cause havoc is very likely. The monsoon is already onset. The area where the Temple is situated is a hillock composing rocky terrain. The entire structure is erected on a rock as per the report of the learned Commissioner. The learned counsel for the 6[th] respondent would submit that all arrangements for completing construction of the Chuttambalam, including erection of its roof are already made. The learned Advocate Commissioner confirms the said submission to be correct. If so, it is possible for completing construction of Chuttambalam soon. Delay may cause to damage such materials collected for the construction also. Considering all such aspects, we are of the view that completion of the Chuttambalam without any further delay is highly essential for its protection. 11. The allegations that the archaeological value and relevance of the structure has been lost and the stability of the structure is also doubtful. Considering the way in which it is presently constructed, are required to be addressed in the writ petition. Such matters, including modifications/replacement of the structures already built can be considered only if reports/view from experts on the subject are obtained. Leaving all such questions open, the 6[th] respondent can be allowed to complete constructions of the Chuttambalam including erection of its roof alone. Construction of all other structures, which is yet to be commenced, shall not be taken up, without obtaining the orders of this Court. The 5[th] respondent shall ensure that the aforesaid directions are scrupulously followed by the 6[th] respondent.” 6 W.P.(C)No.15135 of 2023 4. Thereafter, the construction of the Chuttambalam in Thirunelli Mahavishnu Temple is going on, which is nearing completion. The Vilakkumadam, which is an incomplete granite structure, remains as such. After the order of this Court dated 15.06.2023, the petitioner filed I.A.No.2 of 2023, seeking an order to amend the writ petition. That application was allowed by the order dated 08.08.2023. Accordingly, the petitioner incorporated additional reliefs, i.e., reliefs E and F, which read thus; “E. Issue a writ of mandamus or any other writ, order or direction to respondents 4, 5 & 6 to remove the toilets and toilet complex and the septic tank built on the banks of the holy stream ‘papanasini’ in the Thirunelli temple premises and to reinstate the natural forest existed there. F. Issue a writ of mandamus or any other writ, order or direction to the 2[nd] respondent to protect the ‘Vilakkumadom’ and ‘Kalpathi’ as archaeological monuments and prevent any other construction in connection with both the structures.” 5. Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 and 2, the learned Central Government Counsel for the 3[rd] respondent, the learned Standing Counsel for Malabar Devaswom Board for respondents 4 and 5, the learned counsel for the 6[th] respondent and also the learned counsel for the additional 7[th] respondent, 7 W.P.(C)No.15135 of 2023 who is the hereditary trustee of Thirunelli Mahavishnu Temple. 6. Though various contentions have been raised in this writ petition, some of which have already been dealt with while passing the interim order dated 15.06.2023, it is not in dispute that most of the temple structures having archaeological value have already been reconstructed much prior to the filing of this writ petition. Now what remains is the ‘Vilakkumadam’, which is an incomplete structure, which remains as such, and ‘Kalpathi’, which has already bbeen dismantled in connection with the reconstruction of the Chuttambalam. It is submitted by the learned counsel for the 6[th] respondent Executive Officer that after reconstruction of the Chuttambalam, the ‘Kalpathi’ will be restored to its original position. 7. One of the amended relief sought for in this writ petition is a writ of mandamus commanding the 2[nd] respondent Director of Archeology to protect the ‘Vilakkumadam’ and ‘Kalpathi’ as archeological monuments and prevent any other construction in connection with both the structures. Ext.P3 representation dated 27.04.2023 made by the petitioner before the 2[nd] respondent is in respect of various temple structures in Thirunelli Mahavishnu Temple. The Chuttambalam and certain other structures referred to in Ext.P3 representation were 8 W.P.(C)No.15135 of 2023 reconstructed several years back. In such circumstances, it is for the petitioner to approach the 2[nd] respondent Director of Archeology with a proper request to protect ‘Vilakkumadam’ and ‘Kalpathi’ in Thirunelli Mahavishnu Temple, within a period of three weeks from the date of receipt of a certified copy of this judgment, in which event, the 2[nd] respondent shall consider the same and take an appropriate decision thereon, strictly in accordance with law, with notice to the petitioner, the 6[th] respondent Executive Officer and the additional 7[th] respondent hereditary trustee. 8. Another relief sought for in this writ petition is a writ of mandamus commanding respondents 4 to 6 to remove the toilet and toilet complex and septic tank built on the banks of the holy stream ‘Papanasini’ in Thirunelli Mahavishnu Temple and to reinstate the natural forest existed there. 9. Paragraphs 18 and 19 of the report dated 07.06.2023 of the learned Advocate Commissioner deals with the toilet block constructed near ‘Papanasini’ in Thirunelli Mahavishnu Temple, which read thus; “18. It is respectfully submitted that it is to be noted with significance that a new toilet complex and cloakroom is constructed by the tourism department in the property of Dewaswom Board near to the Panchatheertha Kulam (4 9 W.P.(C)No.15135 of 2023 meter distance) and the banks of Papanashini Stream (7 meter distance). The place which is used for construction of new toilet block and cloakroom is holy place for Asti Nimanjanam (bone immersion). The true copy of the photographs of the new toilet complex in the left side of the newly tiled pathway near to the Panchatheertha Kulam is produced herewith and marked as Annexure C26. That construction was done by way of removing the red sand earth from the opposite hill which is situated in the right side of the pathway leading to Papanashini stream. The photograph of the portion of removed red sand and earth from the hill situated in the opposite side of toilet complex which is in the top terrain from the toilet complex is produced herewith and marked as Annexure C27. I specifically enquired to temple authorities whether the construction of toilet complex on the Devaswom property is based on Devaprsanam findings, they answered ‘no’. No Devaprasnam was conducted for the construction of tiling the pathway, new construction of toilet complex, installation of electric lights in and around the Papanashini, at the side of the pathway, including the premises of Gundika Shiva Temple. I found man-made constructions in Papanashini stream especially the place where the devotees immersing the body for cleansing (holy bath) before doing bali in Papanashini stream. A true photograph of newly tiled pathway is produced herewith and marked as Annexure C28. It is respectfully submitted that due to the newly constructed toilet complex, every chance of contamination and pollution from the human waste to the Papanashini stream especially rainy season from the newly constructed toilet 10 W.P.(C)No.15135 of 2023 block. The newly constructed toilet block is absolutely necessary to be removed and reinstated the place for Asthi Nimanjanam for devotees. Any toilet blocks in and around the Papanashini, Pancha Theertha Kulam area for new construction and already in existence to be removed subject to heavy scrutiny of Devaprasnam and astrological findings from known experts in the field. If any spiritual rule violated contaminating the Papanashini, Panch Theertha Jalam, Gundika Shiva Temple is to be rectified through purificatory process to be initiated by the Temple management without any delay after conducting Devaprashnam and consultation with Thanthris for reinstating the spiritual ambience, sanctity, and purity of the temple for protecting the interest of the deity. According to the mythology in the water in Papanashini is Garuda Theertham and Varaha Theertham from water flowing from Brahmagiri hill through Kalpathi. Both these water used for Abhishekam of main deity. The Nirmalya Theertham flown to Pancha Theertha Kulam. So, all these old structures and water inside the Pancha Theertaha Kulam and Papanashini must not be contaminated. The removed portion of the earth in the hill has to be reinstated and get it repaired scientifically with the help of geological scientist from different departments of the state. A true copy of the photographs taken from the Album kept by the Office of the Temple in respect of the inauguration ceremony conducted by the department of tourism and Dewasom showing the old stages of Papanashini and relevant portions of the area in which the Temple premises is also included, is produced herewith and marked as Annexure C29. The total length 11 W.P.(C)No.15135 of 2023 of the tiled pathway from 101 padikal to Papanashini including the side pathway of Pancha Theertaha Kulam is around 222.9 meters. 19. It is respectfully submitted that new man-made constructions which found at the time of execution of commission in the Papanashini stream has to be removed immediately and reinstated the old positions. The empty plastic waste covers and thermokol box is seen in the bottom portion of Papanashini stream after the Balithara is situated and it is to be removed immediately. The flow of Papanashini is blocked near to the toilet complex by using the red sand and blockage is still in existence and it was made in during the construction of toilet complex for making a pathway to facilitate to bring the construction materials from outside. A True photograph of the entire Papanashini stream and waste shown in Papanashini, and red sand blockage still in existence made during the construction of toilet complex for making a pathway to bring the construction materials from outside is produced herewith and marked as Annexure C30. It is respectfully submitted that in papanashini (the place of immersing the body), pvc pipes are used for tapping the water for filling the water in Papanashini for bathing. It is respectfully submitted that water flowing from top of the hill and it first touches the stone of having three lines (ponoolkallu) then it touches Shivalinga immersed inside the water and then become holy water and moreover all the stone in Papanashini is comprised of Sala Grama Shila and so it is more holier. All the pvc pipes should be removed for reinstating and ensuring the natural flow of Papanashini. According to Hindu mythology, lord Rama and 12 W.P.(C)No.15135 of 2023 Parshurama did the Balikarma in Papanashini Bali Thara. So, it is to be more purified through the natural process of nature. No external or manmade constructions should be allowed, and the construction already made to be removed in Papanashini.” 10. '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]** 11. 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 led their evidence to show that the property was allowed to be sold for Rs.21,500, which was 13 W.P.(C)No.15135 of 2023 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 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 14 W.P.(C)No.15135 of 2023 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 it.” (underline supplied) 12. 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 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 15 W.P.(C)No.15135 of 2023 religious and charitable institutions from wrongful claims or misappropriation. 13. 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. 14. Thirunelli Mahavishnu Temple is a controlled institution under the Malabar Devaswom Board. The additional 7[th] respondent is the hereditary trustee of that temple. As held in the decisions referred to supra, it is the duty of the trustee to be faithful to the Devaswom and manage, protect and safeguard the interest and properties of the Temple, with reasonable diligence. The Malabar Devaswom Board and its officials are duty-bound to exercise their supervisory control in 16 W.P.(C)No.15135 of 2023 order to ensure that the interest and properties of the temple are protected and safeguarded by its trustee and the employees of the temple. Any act of ‘fence eating the crops’ should be dealt with sternly by the Board and its officials. As noticed by the learned Advocate Commissioner in the report dated 07.06.2023, the toilet complex and cloakroom constructed in the Devaswom land by the Tourism Department is near to ‘Panchatheerthakulam’ (4 meter distance) and the banks of ‘Papanasini’ stream (7 meter distance). The place of that construction is a holy place for Asti Nimanjanam (bone immersion). 15. It is for the petitioner to approach the 5[th] respondent Commissioner, Malabar Devaswom Board, with a proper request to preserve the sanctity of ‘Panchatheerthakulam’ and ‘Papanasini’ stream in Thirunelli Mahavishnu Temple, enclosing therewith a copy of the report of the learned Advocate Commissioner, within a period of three weeks from the date of receipt of a certified copy of this judgment, in which event, the 5[th] respondent Commissioner shall consider the same and take an appropriate decision thereon, taking note of the law laid down in the decisions referred to supra, with notice to the petitioner, the 6[th] respondent Executive Officer and the 17 W.P.(C)No.15135 of 2023 additional 7[th] respondent hereditary trustee. The order passed by the 5[th] respondent shall be a ‘reasoned order’, after adverting to the legal and factual contentions raised by both sides. **Sd/-** **ANIL K. NARENDRAN, JUDGE** **Sd/-** **G. GIRISH, JUDGE** ded 18 W.P.(C)No.15135 of 2023 ``` APPENDIX OF WP(C) 15135/2023 ``` ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1THE TRUE COPY OF THE ORIGINAL NEWSPAPER REPORT DATED 07.04.2022 PUBLISHED IN NEW INDIAN EXPRESS DAILY EXHIBIT P2THE TRUE COPY OF THE ORIGINAL NEWSPAPER REPORT DATED 25.04.2023 PUBLISHED IN THE HINDU DAILY EXHIBIT P3THE TRUE COPY OF THE REPRESENTATION DATED 27.04.2023 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER ``` ## **`RESPONDENT EXHIBITS`** ``` EXHIBIT R6(A) TRUE COPY OF THE MODIFIED SCHEME OF ADMINISTRATION DATED 16.03.1944 OF SREE THIRUNELLI DEVI TEMPLE THE TEMPLE ISSUED BY THE BOARD OF COMMISSIONERS FOR HINDU RELIGIOUS ENDOWMENTS MADRAS EXHIBIT R6(B)TRUE COPY OF THE PAGE NOS.1, 8,9,25 AND 28 OF THE 'SWARNAPRASNA CHARTHU' DATED 05-03-2017 EXHIBIT R6(C)TRUE COPY OF THE LETTER DATED 10-02-2017 ISSUED BY THE TEMPLE THANTHRI TO THE 6TH RESPONDENT EXHIBIT R6(D)TRUE COPY OF THE EXPERT OPINION DATED 15-07-2017 ISSUED BY TRADITIONAL VASTU EXPERT AND TEMPLE ARCHITECT, SRI.KANIPPAYYUR KRISHNAN NAMBOOTHIRIPPADU EXHIBIT R6(E)TRUE COPY OF THE PUBLIC NOTICE DATED 26-10-2017 ISSUED BY THE 6TH RESPONDENT EXHIBIT R6(F)TRUE COPY OF THE ORDER NO.J6-1107/2018/MDB DATED 08-05-2018 ISSUED BY THE 5TH RESPONDENT EXHIBIT R6(I)TRUE COPY OF THE LETTER DATED 24-11-2020 SUBMITTED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT EXHIBIT R6(G) TRUE COPY OF THE PUBLIC TENDER NOTICE PUBLISHED IN MATHRUBHUMI DAILY DATED 05-09-2018 EXHIBIT R6(H)TRUE COPY OF THE LETTER DATED 15-06-2018 SUBMITTED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT ALONG WITH THE PLAN AND ESTIMATE OF THE PROPOSED 'VILAKKUMADAM' EXHIBIT R6(J)TRUE COPY OF THE ORDER NO.J6-686/2021/MDB DATED 24- 03-2021 OF THE 5TH RESPONDENT EXHIBIT R6(K)TRUE COPY OF THE LETTER DATED 19-04-2023 ISSUED BY THE 2ND RESPONDENT TO THE MANAGER OF THE 6TH RESPONDENT EXHIBIT R6(L)TRUE COPY OF THE LETTER DATED 20-04-2023 ISSUED BY THE 6TH RESPONDENT TO THE DISTRICT COLLECTOR, WAYANAD EXHIBIT R6(M)TRUE COPY OF THE PHOTOGRAPHS OF THE OLD 'CHUTTAMBALAM', EXISTING 'VILAKKUMADAM' AND THE PRESENT STAGE OF CONSTRUCTION AT THE TEMPLE EXHIBIT R6(N)TRUE COPY OF THE MINUTES (PAGES 73,74 AND 75) DATED 06-12-2016 OF THE MEETING OF THE ADDL.7TH RESPONDENT EXHIBIT R6(O)TRUE COPY OF THE MINUTES (PAGES 79 AND 80) DATED 21-04-2017 OF THE MEETING OF THE ADDL.7TH RESPONDENT ``` ``` EXHIBIT R2(A)TRUE COPY OF THE REPORT SUBMITTED BY THE ``` 19 W.P.(C)No.15135 of 2023 ## **`DIRECTOR,ARCHEOLOGY.`** ## **`ANNEXURES`** |**`ANNEXURE C1`**|**`COPY OF THE WORK MEMO SUBMITTED BY THE PETITIONER`**| |---|---| ||**`BEFORE THE ADVOCATE COMMISSIONER DATED 28.5.2023`**| |**`ANNEXURE C2`**|**`PHOTOGRAPHS OF CHUTTAMBALAM AND BALIKKAL PURA`**| ||**`BEFORE DEMOLITION`**| |**`ANNEXURE C3`**|**`PHOTOGRAPHS OF CHUTTAMBALAM AND BALIKKAL PURA`**| ||**`DURING DEMOLITION`**| |**`ANNEXURE C4`**|**`PHOTOGRAPH OF DEMOLITION BY USING JCBIS PRODUCED BY`**| ||**`THE PETITIONER`**| |**`ANNEXURE C7`**|**`PHOTOGRAPH OF THE WOODEN PILLAR AND OTHER MATERIALS`**| ||**`KEPT INSIDE THE TWIN SHEET SHED SITUATED IN THE`**| ||**`NORTH WEST OF OUTSIDE THE TEMPLE`**| |**`ANNEXURE C5`**|**`PRESENT PHOTOGRAPH OF NEWLY CONSTRUCTING STRUCTURE`**| ||**`OF CHUTTAMBALAM`**| |**`ANNEXURE C6`**|**`PHOTOGRAPHS SHOWING THE DUMPED STAGE OF DEMOLISHED`**| ||**`STRUCTURE OF CHUTTAMBALMAND BALLIKKAL PURA AND ITS`**| ||**`STONE, WOODEN (KAZHIKKOL) MATERIALS AND RED SAND,`**| ||**`PIECED FORM OF LATERATE STONE AND GRANITE STONE`**| ||**`OUTSIDE THE NORTHERN PART OF THE TEMPLE IN A`**| ||**`PRIVATE PROPERTY`**| |**`ANNEXURE C8`**|**`PHOTOGRAPH SHOWING THE DEMOLISHED AREA OF BASEMENT`**| ||**`OF VILAKKU MADOM IN PORTION OF SOUTH WEST`**| |**`ANNEXURE C9`**|**`PHOTOGRAPHS SHOWING THE DEMOLISHED AREA OF BASEMENT`**| ||**`OF VILAKKU MADOM IN PORTION OF NORTH WEST`**| |**`ANNEXURE C10`**|**`PHOTOGRAPHS OF IDOLS AND SMALL BALIKKALLU PLACED ON`**| ||**`THE TOP OF THE SOUTHERN PORTION OF THE BASEMENT`**| ||**`STRUCTURE OF VILAKKU MADOM`**| |**`ANNEXURE C11`**|**`PHOTOGRAPHS OF 7 PILLARS WITH STONE WALLS AND ROOF`**| ||**`OF VILAKKU MADOM WITH CARVINGS (KOTHUPANI) OF LORD`**| ||**`GANAPATHI IS ALREADY IN EXISTENCE IN SOUTH EAST`**| ||**`PORTION OF THE TEMPLE`**| |**`ANNEXURE C12`**|**`OLD PHOTOGRAPHS SHOWING THE EASTERN SIDE OF VILAKKU`**| ||**`MADOM`**| |**`ANNEXURE C13`**|**`COPY OF THE PRESENT PHOTOGRAPHS SHOWING THE EASTERN`**| ||**`SIDE OF VILAKKU MADOM`**| |**`ANNEXURE C14`**|**`COPY OF THE PRESENT PHOTOGRAPHS SHOWING THE BROKEN`**| ||**`STONE OF CORNER PORTION OF THE EASTERN SIDE OF THE`**| ||**`VILAKKU MADOM NEAR TO THE VALIYA BALIKKALLU`**| |**`ANNEXURE C15`**|**`COPY OF THE PHOTOGRAPH OLD VALIYA BALIKKAL PURA`**| |**`ANNEXURE C16`**|**`COPY OF PHOTOGRAPHS OF THE VALIYA BALLIKKALLU IN`**| ||**`EXISTENCE AT PRESENT`**| |**`ANNEXURE C17`**|**`COPY OF THE PHOTOGRAPH OF VILAKKU MADOM EXISTED IN`**| ||**`THE EASTERN SIDE ENDED IN NORTHERN CORNER (LEFT`**| ||**`SIDE OF THE VALIYA BALLIKKALLU)`**| |**`ANNEXURE C18`**|**`COPY OF THE PHOTOGRAPH SHOWING THE 3 PILLARS OF`**| ||**`VILAKKU MADOM IN EXISTENCE IN NORTHERN SIDE`**| |**`ANNEXURE C19`**|**`PHOTOGRAPHS OF KSHETHRA PALAK PLACED ON THE EAST`**| ||**`NORTHERN CORNER VILAKKU MADOM`**| |**`ANNEXURE C20`**|**`PHOTOGRAPHS SHOWING THE DISMANTLED KALPATHI STONES`**| ||**`AND STONE POT KEPT OUTSIDE IN THE NORTHERN SIDE OF`**| ||**`THE TEMPLE`**| |**`ANNEXURE C21`**|**`PHOTOGRAPH SHOWING THE DEMOLISHED PORTION OF THE`**| ||**`BASEMENT OF THE VILAKKU MADOMIN THE MIDDLE PORTION`**| ||**`SITUATED IN NORTHERNSIDE`**| |**`ANNEXURE C22`**|**`PHOTOGRAPH SHOWING THE DEMOLISHED PORTION OF THE`**| 20 W.P.(C)No.15135 of 2023 ``` BASEMENT OF THE VILAKKU MADOM IN THE MIDDLE PORTION SITUATED IN NORTHERN SIDE PLACED ON THE TOP OF THE BASEMENT OF THE VILAKKU MADOM ANNEXURE C23PHOTOGRAPHS SHOWING THE PRESENT STATUS OF SREEKOVIL AND MAIN MMANADAPAM, PLACE OF LORD BRAHMAVU CONDUCTED THE YAGAM, BALALAYA PRATHISHTA OF LORD GANAPATHY, THEVARA MOORTHY ANNEXURE C24PHOTOGRAPHS OF 101 STEPS MADE UP OF STONE AT PRESENT ANNEXURE C25PHOTOGRAPH OF PANCHA THEERTHA KULAM, AND ITS SURROUNDINGS ANNEXURE C26PHOTOGRAPHS OF THE NEW TOILET COMPLEX IN THE LEFT SIDE OF THE NEWLY TILED PATHWAY NEAR TO THE PANCHATHEERTHA KULAM ANNEXURE C27PHOTOGRAPH OF THE PORTION OF REMOVED RED SAND AND EARTH FROM THE HILL SITUATED IN THE OPPOSITE SIDE OF TOILET COMPLEX WHICH IS IN THE TOP TERRAIN FROM THE TOILET COMPLEX ANNEXURE C28PHOTOGRAPHS OF NEWLY TILED PATHWAY ANNEXURE C29PHOTOGRAPHS TAKEN FROM THE ALBUM KEPT BY THE OFFICE OF THE TEMPLE IN RESPECT OF THE INAUGURATION CEREMONY CONDUCTED BY THE DEPARTMENT OF TOURISM AND DEWASOM SHOWING THE OLD STAGES OF PAPANASHINI AND RELEVANT PORTIONS OF THE AREA IN WHICH THE TEMPLE PREMISES IS ALSO INCLUDED ANNEXURE C30PHOTOGRAPHS OF THE ENTIRE PAPANASHINI STREAM AND WASTE SHOWN IN PAPANASHINI, AND RED SAND BLOCKAGE STILL IN EXISTENCE MADE DURING THE CONSTRUCTION OF TOILET COMPLEX FOR MAKING A PATHWAY TO BRING THE CONSTRUCTION MATERIALS FROM OUTSIDE ANNEXURE C31PHOTOGRAPHS OF GUNDIKA SHIVA CAVE TEMPLE ANNEXURE C32PHOTOGRAPHS OF FLEX BOARD ADVERTISING THE CONTRIBUTION DETAILS AND RATES FOR CONSTRUCTION AND NOTICE CIRCULATED TO THE DEVOTEES FOR DARSHAN ANNEXURE C33COPY OF SKETCH OF THE TEMPLE ANNEXURE C34COPY OF SKETCH OF THE TEMPLE, PAPANASHINI AND PANCHA THEERTHA KULAM ANNEXURE C35COPY OF SKETCH OF THE PANCHA THEERTHA KULAM AND PAPANASHINI ```