Travancore Devaswom Board v. 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 28[TH] DAY OF NOVEMBER 2023 / 7TH AGRAHAYANA, ``` ``` 1945 ``` **==> picture [167 x 11] intentionally omitted <==** ## **`PETITIONER:`** ``` TRAVANCORE DEVASWOM BOARD, REP. BY IT'S SECRETARY DEVASWOM HEAD QUARTERS, NANDANCODE, KOWDIAR.P.O., THIRUVANANTHAPURAM, PIN - 695003 ``` ``` BY ADV G.SANTHOSH KUMAR (P). ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REP.BY PRINCIPAL SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN - 695001`** - **`2 THE DISTRICT COLLECTOR COLLECTORATE, ALAPPUZHA, PIN - 688001`** - **`3 THE TAHSILDAR TALUK OFFICE, POLICE STATION ROAD, NEAR MINI CIVIL STATION, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688524`** - **`4 THE STATION HOUSE OFFICER KUTHIYATHODE POLICE STATION, THURAVOOR, ALAPPUZHA DISTRICT, PIN - 688533`** - **`5 THURAVOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, GRAMA PANCHAYAT OFFICE, THURAVOOR.P.O., CHERTHALA, ALAPPUZHA, PIN - 688532`** ``` 2 ``` W.P(C)No.36903 of 2023 ``` 6SMT.SULOCHANA NIDHI HOUSE, THURAVOOR P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688532 ``` ``` *ADDL.R7KUTHIYATHODU GRAMA PANCHAYAT, ``` ``` THURAVUR P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688532 REPRESENTED BY ITS SECRETARY *(ADDL.R7 IMPLEADED AS PER ORDER DATED 08-11-2023 IN IA 1/23 IN WPC 36903/2023) ``` ``` BY ADVS. ``` ``` C.G.RAJ KUMAR R.RAJPRADEEP BRIJESH MOHAN(K/1851/1999) SREEDEVI S.(K/767/2020) ``` ## **`SRI S.RAJMOHAN- SR GOVERNMENT PLEADER`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 3 ``` W.P(C)No.36903 of 2023 ## **JUDGMENT** ## **Anil K. Narendran, J.** The Travancore Devaswom Board has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 2, 4 and 5 to act upon Exts.P4 and P5 complaints and to ensure that all unauthorised temporary shops erected on the side of Thuravoor-Chavadi road, guest house road and on the southern side of temple as well as in the service road of the National Highway in front of the temple are removed forthwith; a declaration that the petitioner is entitled to erect a temporary shop for keeping foot-wears in its property on the side of Thuravoor-Chavadi road without causing any obstruction to the movement of pedestrians; a writ of mandamus commanding respondents 1 to 4 not to cause any obstruction to the petitioner erecting temporary shop for keeping foot-wears in its property on the side of Thuravoor-Chavadi road and guest house road, without causing any obstruction to the movement of pedestrians. 2. On 07.11.2023, when this writ petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 4. Notice on admission by special messenger was ordered to respondents 5 and 6, ``` 4 ``` W.P(C)No.36903 of 2023 returnable by 08.11.2023. The learned Senior Government Pleader was directed to get instructions. By the order dated 08.11.2023 in I.A No.1 of 2023, Kuthiyathode Grama Panchayat represented by its Secretary was impleaded as the additional 7[th] respondent. 3. On 09.11.2023, when this writ petition came up for consideration, despite service of notice, none appeared for the 6[th] respondent. After considering the submissions made at the Bar and taking note of the law laid down by this Court in ## **Satheesh v. Travancore Devaswom Board and Others** **[2022 (1) KLT 940]** , this Court passed an interim order directing the 4[th] respondent Station House Officer, the 5[th] respondent Thuravoor Grama Panchayat and the additional 7[th] respondent Kuthiyathodu Grama Panchayat to take immediate steps to ensure that there is no temporary structures, etc., on the right of way or on the pedestrian facilities of ChavadiThuravoor junction road or the service road on the sides of the National Highway, in connection with the annual festival in Thuravoor Mahakshethram. 4. On 13.11.2023, the learned Senior Government Pleader submitted that in terms of the directions contained in the order of this Court dated 09.11.2023, the 4[th] respondent Station ``` 5 ``` W.P(C)No.36903 of 2023 House Officer has taken steps to remove the temporary structures on the side of Thuravoor-Chavadi road. 5. Heard the learned Standing Counsel for Travancore Devaswom Board for the petitioner, the learned Senior Government Pleader for the State and the official respondents, the learned Standing Counsel for the 5[th] respondent Thuravoor Grama Panchayat and also the learned counsel for the additional 7[th] respondent Kuthiyathodu Grama Panchayat. 6. In **Satheesh v. Travancore Devaswom Board and** **others [2022 (1) KLT 940]** , in the context of the annual festival in Thuravoor Mahakshethram, which is a temple under the management of Travancore Devaswom Board, this Court issued various directions, wherein it was held that, once roads are constructed as per the standards and guidelines prescribed by the Indian Roads Congress, it has to be maintained as such without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. Footpaths are not intended for stocking articles for trade or for display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for holding campaigns, demonstrations, etc., by political parties and other ``` 6 ``` W.P(C)No.36903 of 2023 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. Paragraphs 51 to 63 and also the last paragraph of that judgment read thus; “51. Once roads are constructed as per the standards and guidelines prescribed by the Indian Roads Congress, it has to be maintained as such without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. Footpaths are not intended for stocking articles for trade or for display of goods by traders, in front of their shops or establishments. Similarly, footpaths are not intended for holding campaigns, demonstrations, etc., by political parties and other organisations, by causing obstructions to free movement of pedestrians. No political party or organisation can be permitted to encroach footpath or right of way of public roads, in connection with any such protest, demonstrations, etc., by erecting any temporary structures on the right of way or on the pedestrian facilities, forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. ``` 7 ``` W.P(C)No.36903 of 2023 52. 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. 53. The prohibition imposed by the Apex Court in the decision in **Union of India v. State of Gujarat and others** [SLP(Civil)No.8519 of 2006], whereby the Government of Kerala is restrained, with effect from 18.01.2013, from granting any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility places, is being flouted by permitting unauthorised hoardings, structures like resting places for headload workers, bus shelters constructed by political and other organisations, etc., on public roads, pavements, footpaths, etc. Such encroachments are even permitted in front of the Office of the Local Self Government Institutions. 54. The law laid down by this Court in **Shali [2019 (5) KHC 118]** , **Kottamom (Kottiyar Mangalam) Sri.Darmasastha Temple Advisory Committee [2019 (5) KHC SN 27]** and **Sivaprasad [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 ``` 8 ``` W.P(C)No.36903 of 2023 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. 55. The Government of India has initiated National Highways Development Programme (NHDP) that relies substantially on Public Private Partnerships as a means of attracting private capital, improving efficiencies and reducing costs. Several states are pursuing similar programmes based on Public Private Partnerships in state highways. For awarding Public Private Partnership projects within a competitive, efficient and economic framework based on international best practices, Government of India has adopted a Model Concession Agreement (MCA) for Public Private Partnerships in National Highways. On similar lines, the Planning Commission has published a Model Concession Agreement for State Highways. These Model Concession Agreements follow the Design, Build, Finance and Operate (DBFO) approach that requires the Concessionaire to bear the responsibility for detailed design. However, the accountability for providing safe and reliable roads ultimately rests with the Government and the Model Concession Agreement, therefore, mandates a Manual of Standards and Specifications that the Concessionaire must conform to. It was felt that a Standard Manual of Specifications and Standards should be brought out by the Indian Roads Congress (IRC) to ensure uniformity of approach and to facilitate easy ``` 9 ``` W.P(C)No.36903 of 2023 implementation by various State Governments. For evolving standards conforming to the Design, Build, Finance and Operate approach, the Planning Commission asked the Indian Roads Congress to develop a Manual of Specifications and Standards for Two-lane Highways, which would, by reference, form an integral part of the Model Concession Agreement and would be binding on the Concessionaire. Its provisions would be enforceable and any breach would expose the Concessionaire to penalties, including termination of the concession. 56. The Indian Roads Congress has formulated Manual of - Specifications and Standards for Two laning of Highways through Public Private Partnership, vide IRC:SP:73-2007. The Manual is to be used in relation to Schedule D of the Model Concession Agreement. Besides integrating the Manual into the concession agreement, the said schedule permits deviations from the Manual to address projectspecific requirements. The Manual reflects a delicate balance that was arrived at after several rounds of expert and stakeholder deliberations with a view to ensuring development of quality roads and at the same time improving their financial viability by optimising on costs and obligations. 57. As per Para.1.1 of IRC:SP:73-2007, the scope of the work shall be as defined in the concession agreement. Two-laning/two-laning with paved shoulders of the Project Highway shall be undertaken and completed by the Concessionaire as per the Specifications and Standards set forth in this Manual. As per Para.1.2, the Project Highway and the project facilities shall conform to the design requirements set out in this Manual which are the ``` 10 ``` W.P(C)No.36903 of 2023 minimum prescribed. As per Para.1.5, the Codes, Standards and Technical Specifications applicable for the design of project components are: (i) Indian Roads Congress (IRC) Codes and Standards, as per Appendix-2; (ii) Specifications for Road and Bridge Works, Ministry of Shipping, Road Transport & Highways; and (iii) any other standards referred to in the Manual and any supplement issued with the bid document. As per Para.1.6, the latest version of the Codes, Standards, Specifications, etc. notified/published at least 60 days before the last date of bid submission shall be considered applicable. 58. The Indian Roads Congress has also formulated Manual - of Specifications and Standards for Four laning of Highways through Public Private Partnership, vide - IRC:SP:84 2009. The said Manual of Specifications and Standards also contains provisions similar to that in IRC:SP:73-2007. Para.2.12.2 of IRC:SP:84-2009 provides for service roads. As per Para.2.12.2.1 the location and length of service roads to be constructed by the Concessionaire shall be as specified in Schedule B of the concession agreement. The width of the service roads shall be 7.0 meter. 59. The service roads provided on the side of National Highway and bypass constructed as per the Manual of Specifications and Standards prescribed by the Indian Roads Congress in IRC:SP:73-2007 or IRC:SP:84-2009 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, mosques, etc., or for putting up ``` 11 ``` W.P(C)No.36903 of 2023 temporary structures as resting place for headload workers, etc., or for putting up bus shelters by political parties or by any other organisations. 60. Section 198A of the Motor Vehicles Act, 1988, inserted by Section 84 of the Motor Vehicles (Amendment) Act, 2019, which came into force with effect from 01.09.2019, vide S.O. 3147(E) dated 30.08.2019, deals with failure to comply with standards for road design, construction and maintenance. As per sub-section (1) of section 198A, any designated authority, contractor, consultant or concessionaire responsible for the design or construction or maintenance of the safety standards of the road shall follow such design, construction and maintenance standards, as may be prescribed by the Central Government from time to time. As per sub-section (2), where failure on the part of the designated authority, contractor, consultant or concessionaire responsible under sub-section (1) to comply with standards for road design, construction and maintenance, results in death or disability, such authority or contractor or concessionaire shall be punishable with a fine which may extend to Rs.1,00,000/- and the same shall be paid to the Fund constituted under Section 164B. 61. As per sub-section (3) of Section 198A, for the purposes of sub-section (2), the court shall in particular have regard to the matters enumerated in clauses (a) to (g), namely, (a) the characteristics of the road, and the nature and type of traffic which was reasonably expected to use it as per the design of road; (b) the standard of maintenance norms applicable for a road of that character and use by such traffic; (c) the state of repair in which ``` 12 ``` W.P(C)No.36903 of 2023 road users would have expected to find the road; (d) whether the designated authority responsible for the maintenance of the road knew, or could reasonably have been expected to know, that the condition of the part of the road to which the action relates was likely to cause danger to the road users; (e) whether the designated authority responsible for the maintenance of the road could not reasonably have been expected to repair that part of the road before the cause of action arose; (f) whether adequate warning notices through road signs, of its condition had been displayed; and (g) such other matters as may be prescribed by the Central Government. As per Explanation, for the purposes of Section 198A, the term ‘contractor’ shall include sub-contractors and all such persons who are responsible for any stage in the design, construction and maintenance of a stretch of road. 62. As already noticed hereinbefore, the service roads provided on the side of National Highway and bypass constructed as per the Manual of Specifications and Standards prescribed by the Indian Roads Congress in IRC:SP:73-2007 or IRC:SP:84-2009 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, mosques, etc. or in connection with any protest by any political parties 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. Such service roads are for vehicular traffic, which has to be maintained as such, in conformity with the relevant standards prescribed ``` 13 ``` W.P(C)No.36903 of 2023 by the Indian Roads Congress. The State holds public roads as a trustee on behalf of the public. By permitting encroachments on public roads by way of temporary structures on the right of way or on the pavements or on the pedestrian facilities provided on such roads, on political considerations or otherwise, the State Government or the concerned Local Self Government Institution is committing 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. 63. It is pertinent to note that by the order dated 16.11.2021 in SSCR No.9 of 2021, we have directed the State of Kerala, represented by the Chief Secretary to Government; the Principal Secretary to Government, Public Works Department; and the Project Director, National Highway Authority of India, Thiruvananthapuram, to take necessary steps to ensure strict compliance of the directions contained in the decision referred to supra by all concerned, in letter and spirit, by maintaining the roads and pedestrian facilities in the State, strictly in conformity with the relevant standards and guidelines, without any encroachment whatsoever on the right of way or on the pedestrian facilities provided as per such standards and guidelines, in order to ensure the safety of most vulnerable road users, such as pedestrians, cyclists, children, elderly and the differently-abled persons. In such circumstances, this writ petition is disposed of by directing the respondents herein to take necessary steps to ensure strict compliance of the directions contained in this ``` 14 ``` W.P(C)No.36903 of 2023 judgment and the law laid down in the decisions referred to supra, in letter and spirit, by ensuring that any temporary stalls erected in connection with any festival in Thuravoor Mahakshethram is without any encroachment whatsoever on the right of way or on the pedestrian facilities provided as per the relevant Specifications and Standards on Chavadi-Thuravoor Junction Road and National Highway-66, in order to ensure the safety of most vulnerable road users, such as pedestrians, cyclists, children, elderly and the differently-abled persons, and also to ensure free movement of vehicular traffic through the carriage way of those roads and the service road on the side of the National Highway. The directions contained in paragraphs 25 to 27 of this judgment regarding fixation of the boundary of the property of Thurvoor Mahakshethram and preparation of layout of temporary shops to be erected during festival season, shall be complied with by the concerned respondents, within the time limit fixed by this Court.” 7. In **Satheesh [2022 (1) KLT 940]** , this Court directed the Travancore Devaswom Board and Thuravoor Grama Panchayat to take necessary steps to ensure strict compliance of the directions contained in that judgment and the law laid down in the decisions referred therein, in letter and spirit, by ensuring that any temporary stalls erected in connection with any festival in Thuravoor Mahakshethram is without any encroachment whatsoever on the right of way or on the pedestrian facilities ``` 15 ``` W.P(C)No.36903 of 2023 provided as per the relevant Specifications and Standards on Chavadi-Thuravoor Junction Road and National Highway-66, in order to ensure the safety of most vulnerable road users, such as pedestrians, cyclists, children, elderly and the differentlyabled persons, and also to ensure free movement of vehicular traffic through the carriage way of those roads and the service road on the side of the National Highway. 8. DBP No.62 of 2022 is registered _suo motu_ based on a complaint dated 11.10.2022 received from one A. Anil Kumar, who is a devotee of Narasimhamoorthy of Thuravur Mahakshethram, which is under the management of the Travancore Devaswom Board, pointing out various issues in connection with the annual festival (Thiruvulsavam), which was scheduled to be held on 17.10.2022. In the said complaint it was pointed out that though an auction was conducted on 10.10.2022 in the Devaswom hall, at the initiative of the Deputy Devaswom Commissioner, Vaikom, for auctioning the right to conduct stalls in front of the temple and more than 100 persons were ready to participate in that auction, due to the threat of certain persons the auction was re-scheduled to 13.10.2022. The obstruction to auction proceedings was caused by the office bearers of Narasimha Seva Samithi, which is getting support ``` 16 ``` W.P(C)No.36903 of 2023 from the office bearers of the Temple Advisory Committee of Thuravur Mahakshethram. 9. In that DBP this Court passed an order dated ## 20.12.20222. Paragraphs 4 to 9 of that order read thus; “4. Today, when this matter is taken up for consideration, the learned Advocate Commissioner has submitted a report dated 20.10.2022. Paragraphs 4 to 6 and 8 and 9 of that report reads thus; “4. The average north-south measurement (width) of the shop rooms bearing nos.1 to 4 in 2.10 meters. But as per the layout, the width of these shop rooms is only 1.50 meters. These shop rooms are seen erected very near to the tarred road without providing any space from the tarred portion of the road. 5. As per the layout for the shop room numbers 1 to 15, the length is 3.50 meters and the width is 1.50 meters. But it is seen that the average width of the shop rooms bearing Nos.5 to 10 is 1.90 meters and the average width of the shop rooms bearing Nos.11 to 13 is 2 meters. The average distance between the shop rooms bearing Nos.5 to 13 and the tarred road is 50 cm. The average distance between shop rooms bearing Nos.14 to 20 and tarred road is 1.20 meters. The shop rooms bearing Nos.21 to 26, which are used as stalls for keeping footwears of the devotees entering inside the temple compound are situated on the west of the front gopuram. The average ``` 17 ``` W.P(C)No.36903 of 2023 distance from these shop rooms to the tarred road is 1 meter. 6. The shop rooms bearing Nos.33-47 are erected on the northern side of the Thuravoor-Chavady Road. The shop rooms bearing Nos.33-37 are seen erected within the space allotted to them and the average distance from these shop rooms to the tarred road is 1.85 meters. The average distance from the shop rooms bearing Nos.38-40 to the tarred portion of the road is 1.20 meters. The distance from the shop room bearing No.41 to the tarred portion of the road is 1.30 meters. The average distance from the shop rooms bearing Nos.42-43 to the tarred portion of the road is 1.10 meters. The average distance from the shop rooms bearing Nos.44-47 to the tarred portion of the road is 1 meter. 8. At present, there are only four temporary shop rooms erected on the service road of NH-66, which is situated on the east of the temple pond. I could see the construction work of temporary shop rooms in progress in this area. I could see lot of vehicles parked in this road. Some of the auto-taxi drivers told me that Devaswom has no right over this area and therefore not entitled to construct any temporary shop rooms there. 9. It is submitted that no temporary shop rooms are seen erected encroaching the tarred road. The shop rooms are seen erected on the interlocking pavements on the road margin on both sides of this road. There is no enough space provided ``` 18 ``` W.P(C)No.36903 of 2023 between the shop rooms situated on the southern side and the tarred road and the pedestrians will not be able to walk through that area without stepping over the tarred portion of the road. Similarly, if the people are standing in group in front of the shop rooms on the norther side of the road, the pedestrians will not be able to walk through that area.” 5. From the report of the learned Advocate Commissioner, it _prima facie_ appears that, the direction contained in Annexure A1 judgment dated 18.11.2021 in W.P.(C)No.23704 of 2021 is not complied with in letter and spirit by the respondents, whereby it was ordered that, while preparing the layout of temporary shops to be erected during temple festival, the Administrative Officer of Thuravooor Maha Kshethram shall ensure that erection of any such shops will not cause any obstruction whatsoever to the movement of traffic through the carriage way of Chavadi-Thuravoor Junction road and also movement of pedestrians through the pedestrian facilities provided on either side of that road. 6. From the submissions made by the learned Senior Government Pleader, we noticed that the District Collector, Alappuzha is yet to comply with the directions contained in Annexure A1 judgment to fix the boundary of the property of Thuravoor Maha Kshethram, on the side of ChavadiThuravoor Junction road, with the help of the Taluk Surveyor. 7. From the report of the learned Advocate Commissioner, we find that some of the shop rooms erected as per the layout approved by the Administrative Officer is causing ``` 19 ``` W.P(C)No.36903 of 2023 obstruction to the movement of pedestrians through Chavadi-Thuravoor Junction road. In such circumstances, we deem it appropriate to direct the 6[th] respondent Station House Officer, Kuthiyathodu Police Station in DBP No.62 of 2022 to take necessary steps to ensure that there is no obstruction whatsoever to the movement of traffic and pedestrians through Chavadi-Thuravoor Junction road on account of any stalls erected on either side of that road. The stalls, which are erected, either exceeding the allotted area as per the layout approval, or which are causing obstruction to the movement of pedestrians through the said PWD road or the Service Road of NH-66 shall be removed, forthwith. 8. The learned Advocate Commissioner would make a suggestion that there is vacant land having an extent of 3 acres, behind Thuravoor Maha Kshethram, which is being used for Annadhanam, which can be used for erecting stalls in connection with annual festival from the next year onwards, so that the erection stalls on either side of Chavadi-Thuravoor PWD road or the Service Road of NH-66 can be avoided. 9. The aforesaid issue raised by the learned Advocate Commissioner can be considered in DBP No.62 of 2022.” 10. By the order dated 10.04.2023, DBP No.62 of 2022 was disposed of. Paragraph 7 and also the last paragraph of that order read thus; “7. In terms of the directions contained in the judgment of this Court dated 18.11.2021 in W.P.(C)No.23704 of 2021, the District Collector, Alappuzha has placed on record a compliance report dated 10.01.2023, enclosing ``` 20 ``` W.P(C)No.36903 of 2023 therewith a sketch dated 12.12.2022 of the Taluk Surveyor, fixing the boundaries of Thuravur Mahakshethram, i.e., the boundary of the Devaswom property. In the report of the learned Advocate Commissioner in W.P.(C)No.22291 of 2021, which is one dated 20.10.2022, he has made a suggestion that there is vacant land having an extent of 3 Acres behind Thuravur Mahakshethram, which is being used for Annadanam, can be used for erecting stalls in connection with the annual festival from the next year onwards, so that erection of stalls on either side of Chavadi-Thuravoor PWD Road or the service road of National Highway 66 can be avoided. Having considered the compliance report dated 10.01.2023 of the District Collector, Alappuzha and the sketch prepared by the Taluk Surveyor dated 12.12.2022, fixing the boundaries of the properties of Thuravur Mahakshethram and the submissions made at the Bar, we find that erection of stalls in connection with the annual festival and also other festivals in Thuravur Mahakshethram has to be in the vacant land having an extent of 3 Acres, behind the temple, which is being used for Annadanam. No temporary stalls in connection with the annual festival and also other festivals in Thuravur Mahakshethram shall be erected on either side of ChavadiThuravoor PWD Road or the service road of NH-66. It is ordered accordingly. The 2[nd] respondent Travancore Devaswom Board and its officials shall ensure that the Devaswom property as per the survey sketch dated 12.12.2022 of the Taluk Surveyor is protected in an appropriate manner, without any encroachment whatsoever. The Deputy Commissioner shall prepare a ``` 21 ``` W.P(C)No.36903 of 2023 revised layout of temporary stalls to be erected in Thuravur Mahakshethram in connection with annual festival and also other festivals, strictly in terms of the direction contained in this order and also the law laid down in the decision of this Court in **Satheesh v. Travancore Devaswom Board [2022 (1) KLT 940]** , which shall be placed before this Court along with a DBA for approval, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this order.” 11. In view of the directions contained in the order of this Court dated 10.04.2023 in DBP No.62 of 2022, erection of stalls in connection with the annual festival and other festivals in Thuravur Maha Kshethram has to be in the vacant land having an extent of 3 Acres behind the temple, which is being used for Annadhanam. No temporary stalls in connection with such festivals can be erected on either side of Thuravur-Chavadi PWD road or service road of NH-66. 12. In the order dated 09.11.2023, this Court noticed that from the photographs, which are placed on record as Ext.P3, we notice that the 6[th] respondent and others have put up various temporary structures, on the right of way and the pedestrian facilities of Chavadi-Thuravoor Junction Road, openly flouting the directions contained in the judgment of this Court in **Satheesh** **[2022 (1) KLT 940]** . The submission made by the learned ``` 22 ``` W.P(C)No.36903 of 2023 Standing Counsel for the 6[th] respondent and the learned counsel for the additional 7[th] respondent is that the concerned Grama Panchayats are taking necessary steps to ensure strict compliance of the directions contained in that judgment. The learned Senior Government Pleader would point out that, on account of diversion of traffic in connection with the construction of elevated National Highway, no obstructions whatsoever can be permitted for the movement of vehicles and pedestrians through National Highway at Thuravoor Junction, the service road and Chavadi-Thuravoor Junction Road. 13. It is after considering the aforesaid aspects, that this Court passed an interim order dated 09.11.2023, directing the Station House Officer and also the respective learned Government Pleaders to take necessary steps to ensure that there is no temporary structures on the right of way or on the pedestrian facilities of Chavadi-Thuravoor junction road or on the service road on the side of the National Highway, in connection with the annual festival in Thuravur Mahakshetram. 14. During the course of the arguments, the learned Senior Government Pleader, on instructions from the 4[th] respondent Station House Officer, would submit that in more than one occasion, the Police have removed the temporary ``` 23 ``` W.P(C)No.36903 of 2023 structures put up on the side of Thuravoor-Chavadi PWD road, during the festival of Thuravoor Mahakshethram. The learned counsel for the additional 7[th] respondent Kuthiyathodu Grama Panchayat would also submit that in more than one occasion, temporary structures on the side of the Thuravoor-Chavadi PWD road were removed at the instructions of the Secretary of the Grama Panchayat. The Panchayat has also imposed a fine of Rs.1,000/- each from five persons, who were found conducting trade, after putting up temporary structures on the side of Thuravoor-Chavadi PWD road. 15. The learned Standing Counsel for Travancore Devaswom Board would point out that despite the directions issued by this Court in the order dated 09.11.2023, certain traders, after the removal of temporary structures by the Grama Panchayat, again put up temporary structures on the side of the Thuravoor-Chavadi service road within the jurisdiction of Kuthiyathodu Grama Panchayat and on the side of the service road of the National Highway, which falls within the jurisdiction of Thuravoor Grama Panchayat. Since the temple festival is already over, this writ petition is disposed of by directing respondents 2 to 5 and the additional 6[th] ``` 24 ``` W.P(C)No.36903 of 2023 respondent to take necessary steps to ensure that the directions contained in the order of this Court dated 10.04.2023 in DBP No.62 of 2022 is complied with in letter and spirit during the annual festival and other festivals in Thuravur Maha Kshethram. No temporary stalls in connection with the annual festival and also other festivals in Thuravur Mahakshethram shall be erected on either side of Chavadi-Thuravoor PWD Road or the service road of NH-66. It is ordered accordingly. The 2[nd] respondent Travancore Devaswom Board and its officials shall ensure that the Devaswom property as per the survey sketch dated 12.12.2022 of the Taluk Surveyor is protected in an appropriate manner, without any encroachment whatsoever. Sd/- Sd/- **G. GIRISH, JUDGE** vgd ``` 25 ``` W.P(C)No.36903 of 2023 ``` APPENDIX OF WP(C) 36903/2023 ``` ## **`PETITIONER’S EXHIBITS`** ``` EXHIBIT-P1TRUE COPY OF THE LETTER DATED 18/10/2023 ISSUED BY THE 3RD RESPONDENT TO THE ADMINISTRATIVE OFFICER OF THURAVUR DEVASWOM. EXHIBIT-P2TRUE COPY OF THE LETTER DATED 28/10/2023 ISSUED BY DEPUTY DEVASWOM COMMISSIONER, VAIKKOM TO THE DEVASWOM COMMISSIONER. EXHIBIT-P3PHOTOGRAPHS SHOWING THE ERECTION OF UNAUTHORIZED TEMPORARY SHOPS IN THE THURAVUR-CHAVADY ROAD. EXHIBIT-P4TRUE COPY OF THE COMPLAINT DATED 28/10/2023 PREFERRED BY THE DEPUTY DEVASWOM COMMISSIONER, VAIKKOM BEFORE THE 2ND RESPONDENT. EXHIBIT-P5TRUE COPY OF THE COMPLAINT DATED 28/10/2023 PREFERRED BY THE DEPUTY DEVASWOM COMMISSIONER, VAIKKOM BEFORE THE 4TH RESPONDENT. EXHIBIT-P6TRUE COPY OF THE COMPLAINT DATED 28/10/2023 PREFERRED BY THE DEPUTY DEVASWOM COMMISSIONER, VAIKKOM BEFORE THE 5TH RESPONDENT. EXHIBIT-P7TRUE COPY OF THE LAY OUT SKETCH PREPARED BY THE ASSISTANT ENGINEER, VAIKKOM. EXHIBIT- P8TRUE COPY OF THE COMPLAINT DATED 07/11/2023 SUBMITTED BY THE DEPUTY DEVASWOM COMMISSIONER, VAIKOM BEFORE THE SECRETARY KUTHIYATHODU GRAMA PANCHAYAT. ```