V. Mohanakrishnan vs Cochin Devaswom Board & Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR MONDAY, THE 3[RD] DAY OF APRIL 2023/13TH CHAITHRA, 1945 ``` ``` WP(C) NO. 25515OF 2021 ``` ``` PETITIONER: ``` ``` V. MOHANAKRISHNAN, AGED 63 YEARS, S/O.MADHAVAN NAIR, MADHAVA NIVAS, KUTTANKULANGARA TEMPLE LANE, PUNKUNNAM P.O., THRISSUR-680002. ``` ``` BY ADVS. ``` ``` C.DHEERAJ RAJAN ANAND KALYANAKRISHNAN ``` ## **`RESPONDENTS:`** - **`1 COCHIN DEVASWOM BOARD, COCHIN DEVASWOM BOARD BUILDINGS, ROUND NORTH, THRISSUR-680001, REPRESENTED BY ITS SECRETARY.`** - **`2 SECRETARY, COCHIN DEVASWOM BOARD BUILDINGS, ROUND NORTH, THRISSUR-680001.`** - **`3 COMMISSIONER, COCHIN DEVASWOM BOARD BUILDINGS, ROUND NORTH, THRISSUR-680001.`** - **`4 T.S.PATTABHIRAMAN, AGED 69 YEARS, S/O. LATE T.K. SEETHARAMAA IYER, CHAIRMAN AND MANAGING DIRECTOR, KALYAN SILKS, PALACE ROAD, THRISSUR, RESIDING AT 'SRIRAMAPURI', PUSHPAGIRI AGRAHARAM, POONKUNNAM.P.O., THRISSUR-680002.`** - **`(IMPLEADED AS PER ORDER DATED 22-11-2021 IN IA 1/2021).`** ``` BY ADVS. K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD ASWIN GOPAKUMAR ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 **==> picture [29 x 9] intentionally omitted <==** ## **`NIKITHA SUSAN PAULSON IJAS MUHAMMED`** ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2023, ALONG WITH WP(C) Nos.191 OF 2022 AND 276 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` MONDAY, THE 3[RD] DAY OF APRIL 2023/13TH CHAITHRA, 1945 ``` ``` WP(C) NO.191 OF 2022 ``` ## **`PETITIONERS:`** - **`1 K.SATHEES CHANDRAN, AGED 65 YEARS, S/O. KRISHNANKUTTY NAIR, PRESIDENT, KERALA KSHETRA SAMRAKSHANA SAMITHI, THRISSUR DISTRICT, PRATAP NIVAS, KOTTAPPURAM, THRISSUR - 680 004, RESIDING AT "JYOTHIRGAMAYA", KRISHNA LANE, PUTHOORTHARA, AYYANTHOLE - 680 003.`** - **`2 C. MURALIDHARAN, AGED 63 YEARS, S/O. A.DAMODHARAN NAIR, SECRETARY, KERALA KSHETRA SAMRAKSHANA SAMITHI, THRISSUR DISTRICT, PRATAP NIVAS, KOTTAPPURAM, THRISSUR - 680 004.`** ``` BY ADVS. M.RAMESH CHANDER (SR.) BALU TOM BONNY BENNY BEJOY JOSEPH P.J. GOVIND G. NAIR ``` ## **`RESPONDENTS:`** - **`1 COCHIN DEVASWOM BOARD, DEVASWOM BOARD BUILDING, ROUND NORTH, THRISSUR - 680 001, REPRESENTED BY ITS SECRETARY.`** - **`2 PRESIDENT, COCHIN DEVASWOM BOARD, DEVASWOM BOARD BUILDING, ROUND NORTH, THRISSUR - 680 001.`** - **`3 COMMISSIONER OFFICE OF THE COMMISSIONER, COCHIN DEVASWOM BOARD, DEVASWOM BOARD BUILDING, ROUND NORTH, THRISSUR - 680 001.`** WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 4 – ``` 4 T. S. PATTABHIRAMAN, AGED 69 YEARS, S/O.LATE T.K.SEETHARAMA IYER, CHAIRMAN AND MANAGING DIRECTOR, KALYAN SILKS, PALACE ROAD, THRISSUR, RESIDING AT 'SRIRAMAPURI', PUSHPAGIRI AGRAHARAM, POONKUNNAM P. O., THRISSUR - 680 002. ``` ``` BY ADVS. K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD ANWIN GOPAKUMAR(606/2004) ADITYA VENUGOPALAN(KAR/1455/2018) NIKITHA SUSAN PAULSON(K/001533/2019) IJAS MUHAMMED(K/002019/2019) ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2023, ALONG WITH WP(C) Nos.25515 OF 2021 AND 276 OF 2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 5 – # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN`** ``` & ``` ``` THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR ``` ``` MONDAY, THE 3[RD] DAY OF APRIL 2023/13TH CHAITHRA, 1945 ``` # **`WP(C) NO.276 OF 2022`** ## **`PETITIONER:`** ``` MADHU V.B, AGED 38 YEARS, S/O. BHASKARAN V.C, VALIYAPURACKATTU HOUSE, EAST THRISSUR P.O, NELLIKKUNNU KARA, SOWHRDAYA NAGAR, THRISSUR-680 005. ``` ``` BY ADVS. K.R.SUNIL KRISHNA SURESH ``` ## **`RESPONDENTS:`** - **`1 COCHIN DEVASWOM BOARD, COCHIN DEVASWOM BOARD BUILDINGS, THRISSUR- 680 001, REPRESENTED BY ITS SECRETARY.`** - **`2 THE COMMISSIONER, COCHIN DEVASWOM BOARD, COCHIN DEVASWOM BOARD BUILDINGS, THRISSUR-680 001.`** - **`3 SANKARA NARAYANAN NAMBHOOTHIRIPADU P.J, PULIYANNORR MANA P.O, ELAVALLY, THRISSUR-680 511.`** - **`4 M/S. KALYAN SILKS, PALACE ROAD, THRISSUR, PIN-68001, REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR.`** ``` BY ADVS. K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD ASWIN GOPAKUMAR ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 6 – ``` ANWIN GOPAKUMAR ADITYA VENUGOPALAN NIKITHA SUSAN PAULSON IJAS MUHAMMED ANJU YOYAKEY ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03.04.2023, ALONG WITH WP(C) Nos.191 OF 2022 AND 25515 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 7 – ## **JUDGMENT** ## **Anil K.Narendran, J.** Since the common issue raised in these writ petitions centres around temple pond of Asokeswaram Devaswom (Vadakkechira), which is a Devaswom under the management of the Cochin Devaswom Board, these writ petitions are heard together and are being disposed of by this common judgment. 2. W.P.(C)No.25515 of 2021:- The petitioner, who is a devotee of Lord Shiva of Asokeswaram Temple, Thrissur has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1[st] respondent Cochin Devaswom Board to stop the activity of leisure boating carried out with the permission of the Board at Asokeswaram temple pond (Vadakkechira). The petitioner has also sought for a declaration that the temple premises or the temple pond shall not be assigned for any commercial or leisure purposes. 2.1. On 17.11.2021, when this writ petition came for admission, the learned Standing Counsel for Cochin Devaswom Board was directed to get instructions. On 17.11.2021, the learned Standing Counsel made available for the perusal of this Court various orders, including a Board order dated 13.10.2021, which WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 8 – was later produced by the petitioner as Ext.P7. The learned Standing Counsel sought time to file counter affidavit on behalf of the Board. 2.2. On 22.11.2021, when this writ petition came up for consideration, this Court allowed I.A.No.1 of 2021, by impleading the additional 4[th] respondent. The learned Standing Counsel for Cochin Devaswom Board took notice on admission for respondents 1 to 3. Urgent notice on admission by special messenger was ordered to the additional 4[th] respondent, returnable by 29.11.2021. Thereafter, by the order dated 04.02.2022 in I.A.No.1 of 2022, the writ petition was amended, by incorporating an additional prayer to challenge Ext.P7 Board order dated 13.10.2021. 2.3. On 23.12.2021, when this writ petition came up for consideration, relying on the decision of a Division Bench of this Court in **Chandran v. Travancore Devaswom Board [2003 (2)** **KLT 497]** the learned counsel for the petitioner contended that the pond of Asokeswaram Temple (Vadakkechira) is a place of religious sanctity, which forms part of the temple, which cannot be used for leisure boating. Respondents 1 and 2 filed counter affidavit contending, _inter alia,_ that leisure boating is provided in the temple pond, with the help of the additional 4[th] respondent, to ensure the WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 9 – upkeep of that pond, as per expert guidance by the Scientists of Kerala Agricultural University. The additional 4[th] respondent has also filed a counter affidavit, denying the allegations in the writ petition and opposing the reliefs sought for. By the order dated 23.12.2021, this Court appointed Adv.Sri.George Varghese (Perumpallikuttiyil) as Advocate Commissioner to inspect Asokeswaram temple pond (Vadakkechira) and submit a report regarding leisure boating and cafeteria provided by the additional 4[th] respondent. 3. W.P.(C) No.191 of 2022:- The petitioners, who are the President and Secretary of Kerala Kshetra Samrakshana Samithi, have filed this writ petition seeking a writ of mandamus commanding respondents 1 to 3 to stop the activity of leisure boating carried out by the 4[th] respondent in Asokeswaram temple pond (Vadakkechira) and for a declaration that the temple premises and the temple pond are properties of the deity, which cannot be alienated in any manner by respondents 1 to 3. 3.1. On 04.02.2022, when this writ petition came up for consideration along with W.P.(C)No.25515 of 2021, this Court allowed I.A.No.1 of 2022, the application filed by the petitioner seeking an order to amend the writ petition, in order to raise a WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 10 – challenge against the order dated 13.10.2021 of the 1[st] respondent Cochin Devaswom Board, whereby the 4[th] respondent has been granted permission to provide leisure boating and cafeteria in Vadakkechira of Asokeswaram Devaswom, a copy of which was placed on record as Ext.P5, along with I.A.No.2 of 2022 [Ext.P7 in W.P.(C)No.25515 of 2021]. The 4[th] respondent entered appearance through counsel, who sought time to file counter affidavit. 3.2. The 1[st] respondent Cochin Devaswom Board has filed a counter affidavit dated 19.02.2022, producing therewith Exts.R1(a) to R1(aa) documents, opposing the reliefs sought for in this writ petition. The 4[th] respondent has also filed a counter affidavit dated 20.03.2022. 4. W.P.(C)No.276 of 2022:- The petitioner, who is a devotee of Lord Shiva of Asokeswaram Temple, has filed this writ petition seeking a writ of certiorari to quash Ext.P1 order dated 13.03.2020 of the 1[st] respondent Cochin Devaswom Board, whereby the 4[th] respondent was granted permission for renovating Asokeswaram temple pond (Vadakkechira) and also Ext.P2 order dated 13.10.2021 of the Board, whereby the 4[th] respondent has been granted permission to maintain Vadakkechira for a period of three years, by providing leisure boating facility and a cafeteria, WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 11 – subject to the conditions stipulated therein. 4.1. On 06.01.2022, when this writ petition came up for admission, this Court admitted the matter on file. The learned Standing Counsel for Cochin Devaswom Board took notice for respondents 1 and 2. Urgent notice by speed post was ordered to the 3[rd] respondent, who is the Tantri of Asokeswaram Devaswom and also to the 4[th] respondent. 4.2. The 1[st] respondent Cochin Devaswom Board has filed a counter affidavit dated 19.02.2022. The additional 4[th] respondent has also filed a counter affidavit dated 20.03.2022. 5. The learned Advocate Commissioner, who conducted inspection on 12.02.2022, submitted a report dated 18.02.2022. On 28.02.2022, when the above writ petitions came up for consideration, the learned counsel for the 4[th] respondent sought time to file objections, to the report of the learned Advocate Commissioner. The learned counsel sought time to get instructions on the writings on the leisure boats, prominently exhibiting the name of the establishment of the 4[th] respondent, like an advertisement. The 4[th] respondent has filed an objection dated 20.03.2022 to the report of the learned Advocate Commissioner. WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 **==> picture [39 x 10] intentionally omitted <==** The petitioner in W.P(C)No.276 of 2022 has also filed an objection dated 25.02.2022 to the said report. 6. On 22.11.2022, along with I.A.No.3 of 2022 in W.P.(C)No.25515 of 2021, the petitioner has placed on record Ext.P9 photographs showing paddle wheel aerator used for repelling weed growth in the temple pond of Seetharamaswamy Temple, Poonkunnam, where the 4[th] respondent had undertaken the renovation of the temple pond. The document marked as Ext.P10 is photographs of the said temple pond. In I.A.No.3 of 2022 the 4[th] respondent has filed a counter affidavit, wherein it is stated that the renovation of the temple pond of Seetharamaswamy Temple, Poonkunnam was undertaken in the year 2015. In the process of renovation and maintenance of the structures around the temple pond and also the cleaning of the pond, a paddle wheel aerator was deployed to find out whether it will arrest the process of eutrophication in the pond, which is a pond smaller in size, when compared to Vadakkechira of Asokeswaram Devaswom. 7. Heard the learned counsel for the petitioners in W.P.(C) Nos.25515 of 2021 and 276 of 2022, the learned Senior Counsel for the petitioner in W.P.(C)No.191 of 2022, the learned Standing WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 13 – Counsel for the Cochin Devaswom Board and the learned counsel for the party respondent, i.e., the 4[th] respondent. 8. Travancore-Cochin Hindu Religious Institutions Act, 1950 enacted by the State Legislature makes provision for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. 9. Section 73A of the Act deals with duties of Cochin Devaswom 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; (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 76A of the Act deals with formation of Temple Advisory Committees in the temples under the Cochin Devaswom Board. As per sub-section (1) of Section 76A, a committee for each temple in the name "Temple Advisory Committee’’ (name of the WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 14 – Temple)" may be constituted in order to ensure participation of Hindu devotees. As per sub-section (2), the Temple Advisory Committee constituted under sub-section (1) may be approved by the Board. As per sub-section (3), the composition of an Advisory Committee under sub-section (1) shall be such as may be prescribed by rules made by the Board, not inconsistent with any practice, prevailing, if any. 11. The renovation of Asokeswaram temple pond (Vadakkechira) was undertaken by the 4[th] respondent on the strength of an order dated 13.03.2020 issued by the 1[st] respondent Cochin Devaswom Board [Ext.P1 in W.P.(C)No.276 of 2022]. Though the said order is under challenge in W.P(C)No.276 of 2022, since the renovation work has already been completed in October, 2021, as evidenced by the inaugural notice issued by the Board, which is placed on record as Ext.P2 in W.P.(C)No.25515 of 2021, we hold that a belated challenge against that order cannot be entertained, at this point of time. 12. The order dated 13.10.2021 of the 1[st] respondent Cochin Devaswom Board [Ext.P7 in W.P.(C)No.25515 of 2021, Ext.P5 in W.P.(C)No.191 of 2022 and Ext.P2 in W.P.(C).No.276 of 2022], whereby the 4[th] respondent has been granted permission to WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 **==> picture [39 x 9] intentionally omitted <==** maintain Vadakkechira of Asokeswaram Devaswom, after its renovation, for a period of three years, by providing leisure boating and a cafeteria. Ext.P2 inaugural notice in W.P(C)No.25515 of 2021 would show that the renovation work of Vadakkechira of Asokeswaram Devaswom with leisure boating facility and a cafeteria was completed on 10.10.2021, since it is stated in the said notice that four pedal boats and a cafeteria have been provided in Vadakkechira as part of the renovation work. The order dated 13.03.2020 of the 1[st] respondent Board [Ext.P1 in W.P(C)No.276 of 2022], whereby the 4[th] respondent has been granted permission to renovate Vadakkechira of Asokeswaram Devaswom reads thus: “സൂചന: 1. ടി.എസ്. പ്ടാഭിരാമൻ, ചചയർമാൻ & മാനനജിങ് ഡയറ്ᨴർ, കല്യാൺ സിൽ്ᩍ്, പാല്സ് നറാഡ് സമർ്ᩔി്ച അനപ്ᩌ. 2. തൃᩬ᪏ർ ᩇ᪏്ᩔ് നേവസവം അസി᪚➚്ᩙ് ക്ᩜിഷണറുചട 02.03.2020 ചല് ആർ1-1337/20-ാാാം ന്ᩘർ റിന്ᩔാർ്ട്. 3. ബഹു. നബാർഡിച്ᩙ 13.03.2020 ചല് 1-ാാാം ന്ᩘർ തീരുമാനം ് ഉ്രവ ന്ർ ആർ.909/85, തിയതി-13.03.2020 നമൽ സൂചന (1) ്ᩚകാരമു്ᩦ അനപ്ᩌ പരിഗണി്ചം സൂചന (2) ്ᩚകാരമു്ᩦ റിന്ᩔാർ്ടിച്ᩙ അടി്ᩝാന്തിലം അനശ്ാനകശ്വരം നേവസവം വകയം ന്ᩌ്ᩔ്തിന് പായലം സമീപമു്ᩦതുമായ വടനേ്ചിറയിചല് മാല്ിനയ്ᨲളം, ആ്ᩛിേൻ നീക തിനം, കുള്തിനല്ക പടവുകളിൽ പുതിയ ചച്ᨮല്കൾ വിരിക തിനം, മതില്ിച്ᩙ ഉൾവശ്ം വൃ്തിയാക തിനം, നനാൺ റിന്ടൺ വാൽവ് മാ്ᩢി ്ᩝാപിക തിനം, ചുമരിച്ᩙ തൂണുകൾ ദൃഢച്ᩔടുത തിനം, ചുമരുകൾ നകടുപാടുകൾ തീർ്ത് പുതിയ ചായം നതക തിനം, കള്ിചല ചവ്ം ശ്ീകരിക തിന് ബനയാളജിേൽ ചമന്ഡ് അവലംഭിക തിനം കുളം ന്ᩌ്ᩔാചാര്ᨲൾേനസൃതമായി മാ്ᩔനമ ഉപനയാഗിക് എ്ന നിബ്ᩏനനയാചട സൂചന (1) ്ᩚകാരം അനപ്ᩌ സമർ്ᩔി്ച ്ᩦീ ടി.എസ്. പ്ടാഭിരാമച്ᩙ സവ്ᩌം WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 16 – നേവസവം ചില്വിലം ഉ്തരവാേിതവ്തിലം മരാമ്ത് വിഭാഗ്തിച്ᩙയം അനശ്ാനകശ്വരം നേവസവം ഓഫീസറുചടയം നമൽ നനാ്ട്തിലം ്ᩚവൃ്തികൾ ചചയ തിന് അനവാേം നൽകി സൂചന (3) ്ᩚകാരം ഉ്തരവാകുന്. വടനേ്ചിറ നവീകരണ്ᩚവൃ്തിയചട പൂർ്തീകരണ്തിന് നശ്ഷം ടി ചിറയിനേൽ അനപ്കനനാ ്വ്ി നട്ിയ ്ാപന്ിനാ മന്ാ യാചതാരവിധ അധികാര അവകാശ ളം ഉ്ായിരിക തചെനം സൂചന (3) ്ᩚകാരം ഉ്തരവാകുന്.” (underline supplied) 13. In the order dated 13.03.2020 (Ext.P1 in W.P.(C)No.276 of 2022] it was made clear that, after the renovation of Vadakkechira of Asokeswaram Devaswom, the 4[th] respondent or the establishment which had undertaken the renovation work shall have no right whatsoever over Vadakkechira. Two photographs of the pedal boats provided in Vadakkechira of Asokeswaram Devaswom for leisure boating, which are marked as Annexures G/11 and G/12 in the report of the learned Advocate Commissioner, which is placed on record in W.P.(C)No.25515 of 2021, are reproduced hereunder: **==> picture [271 x 164] intentionally omitted <==** WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 17 – **==> picture [185 x 220] intentionally omitted <==** 14. As already noticed in the order dated 28.02.2022 in W.P(C)No.276 of 2022, the name of the establishment of the 4[th] respondent is written prominently, like an advertisement, on the pedal boats used for leisure boating in Vadakkechira of Asokeswaram Devaswom. Today, during the course of arguments, the learned counsel for the 4[th] respondent would submit that, after the order of this Court dated 28.02.2022, the writings on the pedal boats exhibiting the name of the establishment of the said respondent has already been removed. 15. As evident from the order dated 13.03.2020 of the 1[st] respondent Board [Ext.P1 in W.P(C)No.276 of 2022], the permission granted to the 4[th] respondent by the said order is for renovating Vadakkechira of Asokeswaram Devaswom, in the WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 18 – manner specified in that order, under the supervision of the Maramath Wing of the Cochin Devaswom Board and also the Devaswom Officer of Asokeswaram Devaswom. As already noticed hereinbefore, the renovation of Vadakkechira was over by 10.10.2021, the date on which the inauguration of the renovated pond was conducted. The order dated 13.10.2021 of the 1[st] respondent Board [Ext.P7 in W.P.(C)No.25515 of 2021, Ext.P5 in W.P.(C)No.191 of 2022 and Ext.P2 in W.P.(C)No.276 of 2022], whereby the 4[th] respondent has been granted permission to maintain Vadakkechira of Asokeswaram Devaswom, for a period of six months, by providing leisure boating and a cafeteria, reads thus: “സൂചന: 1. 13.03.2020 ചല് ഇനത ന്ᩘർ ഉ്തരവ്. 2. ്ᩦീ. ടി.എസ്.പ്ടാഭിരാമൻ, ചചയർമാൻ & മാനനജിംഗ് ഡയറ്ᨴർ കല്യാൺ സിൽ്ᩍ് സമർ്ᩔി്ച അനപ്ᩌ 3. ബഹു.നബാർഡിച്ᩙ 13.10.2021 ചല് 34-ാാാം ന്ᩘർ നയാഗ തീരുമാനം. ് ഉ്രവ ന്ർ ആർ.909/1985 തി്തി-13.10.2021 നമൽ സൂചന (1) ഉ്തരവ് ്ᩚകാരം അനശ്ാനകശ്വരം നേവസവം വടനേ്ചിറ നവീകരിക തിന് ്ᩦീ. ടി.എസ്.പ്ടാഭിരാമൻ, (ചചയർമാൻ & മാനനജിംഗ് ഡയറ്ᨴർ, കല്യാൺ സിൽ്ᩍ് ) എ്ന വയ്ᨹിേ് ടിയാച്ᩙ സവ്ᩌം ചില്വിലം ഉ്തരവാേിതവ്തിലം ചചയ തിന് നിബ്ᩏനകനളാചട അനവാേം നൽകിയിട്ളളതാണ്. സൂചന (2) ്ᩚകാരമുളള അനപ്ᩌയചട അടി്ᩝാന്തിൽ സൂചന (3) തീരുമാന ്ᩚകാരം ടി ചിറ സംര്ᩌി്ച് നിർത തിനം, ജല ിൽ പായൽ നിറയാതിരിക തിന് ഒര ചചറിയ സംഖയ ഈടാേി ചപഡൽ നബാ്ിംഗ് WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 19 – ഏർച്ടത തിനം ഒര ചചറിയ ഭ്ണശാല ഏർച്ടത തിനം ഇത് വഴി ലഭിക സംഖയ ഉപനയാഗി്ച് മാലിനയം നിന്പിക ത തടയ്് തിന്ᩦ ചസകൂരി്ി സംവിധാനം ഏർച്ടത തിനം താചഴ പറയ്ന നിബ്ᩏനകനളാചട ്ᩦീ ടി.എസ്. പ്ടാഭിരാമൻ (ചചയർമാൻ & മാനനജിംഗ് ഡയറ്ᨴർ, കല്യാൺ സിൽ്ᩍ് ) എ്ന വയ്ᨹിേ് അനവാേം നൽകി ഉ്തരവാകുന്. നിബ്നകൾ 1. ചിറയചട പരിപൂർ്ᩆ ഉടമ്ᩝാവകാശ്ം ചകാ്ചിൻ നേവസവം നബാർഡിൽ നി്ᩌി്ᩎമായിരിക്ം. 2. ചിറയചട സംര്ᩌണ കാല്ാവധി 3 വർഷന്തേ് മാ്ᩔമായിരിക്ം 3. 3 വർഷം പൂർ്തിയായാൽ ചിറ സംര്ᩌിക ്ᩚവൃ്തികളിൽ ടിയാന് തെ. യാചതാരു വിധ അവകാശ്വും ഉ്ᩂായിരിക 4. ചിറയിൽ ചപഡൽ നബാ്ടിംഗ് സംവിധാനം മാ്ᩔനമ ഏർച്ᩔടു്താൻ പാടുᩦ᪏. 5. ന്ᩌ്ᩔാചാര്ᨲൾേ് വിരു്ᩍമായി ചിറയിൽ യാചതാരു ്ᩚവൃ്തിയം ചച്യാൻ പാടുളളതെ. 6. ല്ഘുസസയഭ്ᩌണശ്ാല്യിൽ നിന അവശ്ി്ᩖ്ᨲനളാ ഭ്ᩌയാവശ്ി്ᩖ്ᨲനളാ ചിറയിൽ നിന്ᩌപിോൻ പാടു്ᩦതെ. 7. 3 വർഷകാല്യളവിൽ ചിറ സംര്ᩌിക തിനം നമാടി പിടി്ᩔിക തിനം വരു്ന ചചല്വുകൾ അനപ്ᩌകച്ᩙ സവ്ᩌം ഉ്തരവാേിതവ്തിൽ ചചന്യ്ᩂതാണ്. 8. വടനേ്ചിറയചട ചപഡൽ നബാ്ടിംഗ്, ഭ്ᩌണ ശ്ാല് എ്നിവയിൽ നിന വരവും ചിറയചട സംര്ᩌണ്തിനാവശ്യമായ ചചല്വുകചള സംബ്ᩏി്ചമു്ᩦ വരവ്-ചചല്വ് കണക്കൾ വർഷാ്ᩌയ്തിൽ നബാർഡ് മു്ᩘാചക സമർ്ᩔിനേ്ᩂതാണ്. അനപ്ᩌകൻ നമൽ പറ്ᨼ നിബ്ᩏനകളട്ᨲിയ ഒരു കരാർ നിയമാനസൃത മു്ᩖനപ്ᩔറിൽ ത്യാറാേി ഒ്ᩔ് വ്ച് ഈ ഓഫീസിനല്േ് സമർ്ᩔിനേ്ᩂതാണ്.” 16. Reference No.2 in the aforesaid order dated 13.10.2021 is a request made by the 4[th] respondent, a copy of which is placed on record as Ext.R1(Y) along with the counter affidavit filed by the WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 20 – 1[st] respondent Cochin Devaswom Board in W.P(C)No.25515 of 2021. The said request is one dated 10.10.2021, made by the 4[th] respondent, at the request of the Board, to maintain Vadakkechira of Asokeswaram Devaswom for a period of six months, by providing pedal boat facility and a cafeteria. Based on that request, the Board vide decision No.34 dated 13.10.2021, decided to grant permission to the 4[th] respondent to maintain Vadakkechira of Asokeswaram Devaswom, for a period of three years, by providing leisure boating facility and a cafeteria. Based on the said decision of the Board, the Board order dated 13.10.2021 has been issued, which is under challenge in these writ petitions. 17. In view of the provisions of Section 73A of the Act it shall be the duty of the Cochin Devaswom Board to see that the regular traditional rites according to the practice prevalent in Asokeswaram Temple are performed promptly; to monitor whether the administrative staff and employees and also the employees connected with religious rites are functioning properly; and to establish and maintain proper facilities in Asokeswaram Temple for the devotees. The Temple Advisory Committee of Asokeswaram Temple, which consists of devotees who fall under the eligibility criteria prescribed in clause (3) of the Rules (Bye-laws) framed by WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 **==> picture [39 x 10] intentionally omitted <==** the Board in exercise of its powers under sub-section (3) of Section 76A of the Act, is duty bound to render necessary assistance to the Board and its officials in the administration of the said temple and also the conduct of daily worship and ceremonies and festivals in that temple, according to the usage. Once Vadakkechira of Asokeswaram Devaswom is renovated, in terms of the permission granted in the order dated 13.03.2020 [Ext.P1 in W.P.(C)No.276 of 2022], the Board and its officials have to maintain that pond in an appropriate manner, in discharge of its statutory duty and the Temple Advisory Committee of that temple has a duty to render necessary assistance to the Board and its officials in maintaining that pond in an appropriate manner. 18. The document marked as Ext.P4 in W.P.(C)No.276 of 2022 is the photograph of a notice board exhibited in Vadakkechira of Asokeswaram Devaswom, containing the instructions for the leisure boating facility provided in that pond, by a contractor engaged by the 4[th] respondent. A photograph of the said notice board is produced as Annexure G, along with the report of the learned Advocate Commissioner. From the submissions made at the Bar, we notice that the leisure boating facility and cafeteria in Vadakkechira of Asokeswaram Devaswom are run by a contractor WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 **==> picture [39 x 10] intentionally omitted <==** engaged by the 4[th] respondent. The learned Standing Counsel for Cochin Devaswom Board could not offer a proper explanation for adopting such a course for maintaining the property of Asokeswaram Devaswom, which has to be managed by the Devaswom Board, as a trustee in management of Devaswom property. 19. It is not discernible from the order dated 13.03.2020 [Ext.P1 in W.P.(C)No.276 of 2022] that, while granting permission to the 4[th] respondent to renovate Vadakkechira of Asokeswaram Devaswom, he was permitted to provide leisure boating facility and a cafeteria as part of renovation works. The renovated Vadakkechira with leisure boating facility and cafeteria was inaugurated on 10.10.2021, which is evident from Ext.P2 inaugural notice in W.P(C)No.25515 of 2021. After the inauguration, the 4[th] respondent submitted Ext.R1(Y) request dated 10.10.2021, seeking permission of the Board to maintain Vadakkechira, for a period of six months, by providing leisure boating facility and a cafeteria. Based on that request, the Board in its meeting held on 13.10.2021, granted permission to the 4[th] respondent to main Vadakkechira, for a period of three years, by providing leisure boating facility and a cafeteria. The procedure adopted by the WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 **==> picture [39 x 10] intentionally omitted <==** Devaswom Board, which is a trustee in management of Devaswom property, while granting permission to the 4[th] respondent to maintain Vadakkechira of Asokeswaram Devaswom, for a period of three years, is _per se_ arbitrary and illegal. For that reason, the order dated 13.10.2021 of the 1[st] respondent Cochin Devaswom Board [Ext.P7 in W.P.(C)No.25515 of 2021, Ext.P5 in W.P.(C)No.191 of 2022 and Ext.P2 in W.P.(C)No.276 of 2022] warrants interference, in exercise of the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India. 20. The learned counsel for the petitioner in W.P(C)No.25515 of 2021 would point out Ext.P1 order dated 14.03.2022 of the 1[st] respondent Cochin Devaswom Board, whereby ‘Aarattu’ in connection with the festival of Asokeswaram Temple, which was being conducted in Padinjarechira, was decided to be conducted in Vadakkechira from the year 2002 onwards, based on the opinion of the Tantri of the temple. The learned counsel for the petitioner would also point out the opinion of the Tantri in Ext.P6 letter dated 10.10.2021, which is one addressed to the Secretary of the Kerala Kshethra Samrakshana Samithi. 21. On the other hand, the learned Standing Counsel for Cochin Devaswom Board would point out Ext.R1(AA) WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 24 – ‘Prasnacharthu’ of ‘Thamboola Prasnam’ conducted in Asokeswaram Temple on 28.10.2021 to ascertain the ‘Daivahitham’ in the renovation work of the temple pond of Asokeswaram Temple (Vadakkechira) by the 4[th] respondent and also Ext.R1(AC) opinion of the Tantri dated 21.01.2021, addressed to the Devaswom Officer of Asokeswaram Devaswom. 22. The learned counsel for the petitioner in W.P.(C)No.25515 of 2021 and also the learned Senior Counsel for the petitioners in W.P.(C)No.191 of 2022 would place reliance on the decision of the Division Bench in **Chandran [2003 (2) KLT 497]** , in order to contend that the temple pond of Asokeswaram Temple (Vadakkechira), is a place of religious sanctity, which forms part of that temple, which cannot be used for leisure boating. 23. Since we have already found that the procedure adopted by the 1[st] respondent Cochin Devaswom Board, which is a trustee in management of Devaswom property, while granting permission to the 4[th] respondent to maintain Vadakkechira of Asokeswaram Devaswom, for a period of three years, is _per se_ arbitrary and illegal, and as such the Board order dated 13.10.2021 is liable to be set aside, we do not propose to consider the aforesaid contentions raised by both sides, in these proceedings. The question as to WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 25 – whether leisure boating facility and a cafeteria can be provided in Vadakkechira of Asokeswaram Devaswom or whether paddle wheel aerator instead of pedal boating facility, is the proper method to arrest the process of eutrophication in that pond has to be decided by the Devaswom Board, after considering the rival contentions, with specific reference to the scientific data provided by the Scientists of the Kerala Agricultural University. In the above circumstances, these writ petitions are disposed of by setting aside the order dated 13.10.2021 of the 1[st] respondent Cochin Devaswom Board [Ext.P7 in W.P.(C)No.25515 of 2021, Ext.P5 in W.P.(C)No.191 of 2022 and Ext.P2 in W.P.(C)No.276 of 2022], whereby the 4[th] respondent has been granted permission to maintain Vadakkechira of Asokeswarm Devaswom for a period of three years, by providing leisure boating facility and a cafeteria. The 1[st] respondent Devaswom Board is directed to reconsider the matter and take an appropriate decision on the maintenance of Vadakkechira of Asokeswaram Devaswom, which has already been renovated pursuant to the order dated 13.03.2020 [Ext.P1 in W.P.(C)No.276 of 2022], with notice to the petitioner in the respective writ petitions, the office bearers of the Temple Advisory Committee of Asokeswaram Temple and also the 4[th] respondent WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 26 – taking note of the law laid down by the Division Bench of this Court in **Chandran [2003 (2) KLT 497]** . In that process, the 1[st] respondent Devaswom Board shall ascertain the opinion of the Tantri of Asokeswaram Temple and also the opinion of the Scientists of the Kerala Agricultural University as to whether paddle wheel aerator instead of pedal boating facility is the proper method to arrest the process of eutrophication in the said pond. A decision in this regard shall be taken by the Board, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. Pending decision, the Board shall ensure proper maintenance of Vadakkechira of Asokeswaram Devaswom and protect the said pond without any encroachment whatsoever. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** ww WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 27 – ## **`APPENDIX OF WP(C) 25515/2021`** ``` PETITIONER'S EXHIBITS: ``` ``` EXHIBIT P1 THE TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 14.03.2002. ``` ``` EXHIBIT P2 THE TRUE COPY OF THE INAUGURAL NOTICE ISSUED BY THE 1ST RESPONDENT WITH REGARDING TO THE STARTING OF LEISURE BOATING IN SACRED ASOKESWARAM TEMPLE POND (VADAKKECHIRA). ``` ``` EXHIBIT P3 THE TRUE COPY OF THE PHOTOGRAPHS OF THE POND, BOATING AND CAFETERIA. ``` - **`EXHIBIT P4 THE TRUE COPY OF THE WRITTEN INSTRUCTIONS EXHIBITED BY THE MANAGEMENT OF THE 1ST RESPONDENT FOR LEISURE BOATING IN VADAKKECHIRA TEMPLE ROAD.`** - **`EXHIBIT P5 THE TRUE COPY OF THE WRITTEN REPRESENTATION DATED 10.10.2021 FILED BY KERALA KSHETRA SAMRAKSHANA SAMITHI.`** - **`EXHIBIT P6 THE TRUE COPY OF THE REPLY LETTER DATED 10.10.2021 ISSUED BY THE THANTRI OF ASOKESWARAM TEMPLE TO THE KERALA KSHETRA SAMRAKSHANA SAMITHI.`** - **`EXHIBIT P7 THE TRUE COPY OF THE ORDER DATED 13/10/2021 OF THE 1ST RESPONDENT BOARD.`** - **`EXHIBIT P9 THE TRUE COPY OF THE PHOTOGRAPHS TAKEN BY ME OF THE SEETHARAMASWAMY TEMPLE POND, PUNKUNNAM.`** - **`EXHIBIT P10 THE TRUE COPY OF THE SCREENSHOT OF PHOTOGRAPHS FROM GOOGLE MAPS OF THE SEETHARAMASWAMY TEMPLE POND, PUNKUNNAM.`** ## **`RESPONDENTS' EXHIBITS:`** - **`EXHIBIT R1(A) TRUE COPY OF ORDER DATED 11.04.1985 ISSUED BY THE FIRST RESPONDENT.`** - **`EXHIBIT R1(B) TRUE COPY OF LETTER DATED 04.05.1985 ISSUED BY THE FIRST RESPONDENT TO THE EXECUTIVE ENGINEER, W.S.AUGMENTATION`** WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 28 – ## **`DIVISION, THRISSUR.`** ``` EXHIBIT R1(C) ``` - **`TRUE COPY OF THE PROCEEDINGS DATED 19.01.1993 OF THE MEETING CONVENED BY DISTRICT COLLECTOR, THRISSUR.`** ``` EXHIBIT R1(D) TRUE COPY OF LETTER DATED 04.03.1993 FROM THE FIRST RESPONDENT TO THE DISTRICT COLLECTOR, THRISSUR. ``` ``` EXHIBIT R1(E) ``` - **`TRUE COPY OF COMMUNICATION DATED 12.07.2005 ISSUED BY THE DISTRICT TOURISM PROMOTION COUNCIL, THRISSUR TO THE FIRST RESPONDENT.`** - **`EXHIBIT R1(F) TRUE COPY OF COMMUNICATION DATED 13.08.2009 ISSUED BY THE SECRETARY, DTPC, THRISSUR TO THE FIRST RESPONDENT.`** - **`EXHIBIT R1(G) TRUE COPY OF COMMUNICATION DATED 07.12.2009 ISSUED BY THE SECRETARY, DTPC TO THE 1ST RESPONDENT.`** - **`EXHIBIT R1(H) TRUE COPY OF COMMUNICATION DATED 22.4.2010 ISSUED BY THE EXECUTIVE ENGINEER, COCHIN DEVASWOM BOARD TO THE 1ST RESPONDENT.`** ``` EXHIBIT R1(I) TRUE COPY OF MINUTES OF THE MEETING DATED 24.5.2010 HELD IN THE OFFICE OF THE DTPC. ``` ``` EXHIBIT R1(J) TRUE COPY OF THE PROCEEDINGS OF THE SPECIAL DEVASWOM COMMISSIONER OF THE DEVASWOM DATED 18.05.2013. ``` ``` EXHIBIT R1(K) TRUE COPY OF PROCEEDINGS OF THE DISTRICT COLLECTOR, THRISSUR DATED 18.05.2013. ``` - **`EXHIBIT R1(L) TRUE COPY OF COMMUNICATION DATED 28.06.2013 ISSUED BY THE ASSISTANT COMMISSIONER, THRISSUR TO THE FIRST RESPONDENT.`** ``` EXHIBIT R1(M) TRUE COPY OF NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY ON 10.05.2013. ``` ``` EXHIBIT R1(N) TRUE COPY OF PROCEEDINGS OF THE FIRST RESPONDENT DATED 11.07.2013. ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 29 – ``` EXHIBIT R1(O) TRUE COPY OF NOTICE DATED 29.06.2013 ISSUED BY ELECTRICAL WING OF THRISSUR CORPORATION TO THE FIRST RESPONDENT. ``` ``` EXHIBIT R1(P) TRUE COPY OF THE LETTER DATED 03.10.2013 ISSUED BY THE FIRST RESPONDENT TO THRISSUR CORPORATION. ``` ``` EXHIBIT R1(Q) TRUE COPY OF THE COMMUNICATION DATED 18.10.2013 OF THE TAHASILDAR, THRISSUR TO SUB COLLECTOR. EXHIBIT R1(R) TRUE COPY OF LETTER DATED 04.02.2014 ISSUED BY THE 1ST RESPONDENT TO THE SECRETARY, THRISSUR CORPORATION. EXHIBIT R1(S) TRUE COPY OF LETTER DATED 04.03.2014 ISSUED BY THE SECRETARY, THRISSUR CORPORATION TO THE 1ST RESPONDENT. EXHIBIT R1(T) TRUE COPY OF LETTER DATED 01.04.2014 ISSUED BY ASSISTANT COMMISSIONER TO THE 1ST RESPONDENT. EXHIBIT R1(U) TRUE COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DATED 24.03.2014. EXHIBIT R1(V) TRUE COPY OF COMMUNICATION DATED 18.05.2015 ISSUED BY THE ASSISTANT COMMISSIONER, THRISSUR TO THE 1ST RESPONDENT. EXHIBIT R1(W) TRUE COPY OF REQUEST SUBMITTED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT. EXHIBIT R1(X) TRUE COPY OF ORDER NO.R.909/85 DATED 13.03.2020 ISSUED BY THE 1ST RESPONDENT. EXHIBIT R1(Y) TRUE COPY OF ORDER DATED 10.10.2021 SUBMITTED BY ADDL.4TH RESPONDENT. EXHIBIT R1(Z) TRUE COPY OF ORDER DATED 13.10.2021 ISSUED BY THE 1ST RESPONDENT. ``` ``` EXHIBIT R1(AA) TRUE COPY OF PRASHNACHARTHU DATED 28.10.2021. EXHIBIT R1(AB) TRUE COPY OF LETTER SUBMITTED BY THE ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 **==> picture [39 x 10] intentionally omitted <==** ``` DEVASWOM OFFICER TO THE THANTHRI OF THE TEMPLE. ``` ``` EXHIBIT R1(AC) TRUE COPY OF REPLY GIVEN BY THANTHRI TO THE DEVASWOM OFFICER. ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 31 – ## **`APPENDIX OF WP(C) 191/2022`** ## **`PETITIONER'S EXHIBITS:`** ``` EXHIBIT P1 PHOTOSTAT COPY OF THE REGISTRATION CERTIFICATE DATED 25.02.1977. ``` ``` EXHIBIT P2 PHOTOSTAT COPY OF THE PROCEEDINGS NO.A6. 694/02 DATED 14.03.2002 ISSUED BY 2ND RESPONDENT. ``` ``` EXHIBIT P3 PHOTOSTAT COPY OF THE INAUGURAL NOTICE ISSUED BY 1ST RESPONDENT DATED 10.10.21. ``` ``` EXHIBIT P4 PHOTOSTAT COPY OF THE CERTIFICATE GIVEN BY P. J. SANKARANARAYANAN NAMBOOTHIRIPAD OF PULIYANNUR MANA DATED 10.10.2021. RESPONDENTS' EXHIBITS: ``` ``` EXHIBIT R1(A) TRUE COPY OF THE ORDER DATED 11.04.1985 ISSUED BY THE FIRST RESPONDENT. ``` ``` EXHIBIT R1(B) TRUE COPY OF LETTER DATED 04.05.1985 ISSUED BY THE FIRST RESPONDENT TO THE EXECUTIVE ENGINEER, W.S.AUGMENTATION DIVISION, THRISSUR. EXHIBIT R1(C) TRUE COPY OF PROCEEDINGS DATED 19.01.1993 OF THE MEETING CONVENED BY DISTRICT COLLECTOR, THRISSUR. EXHIBIT R1(D) TRUE COPY OF LETTER DATED 04.03.1993 FROM THE FIRST RESPONDENT TO THE DISTRICT COLLECTOR, THRISSUR. EXHIBIT R1(E) TRUE COPY OF COMMUNICATION DATED 12.07.2005 ISSUED BY THE DISTRICT TOURISM PROMOTION COUNCIL, THRISSUR TO THE FIRST RESPONDENT. ``` ``` EXHIBIT R1(F) TRUE COPY OF COMMUNICATION DATED 13.08.2009 ISSUED BY THE SECRETARY, DTPC, THRISSUR TO THE FIRST RESPONDENT. EXHIBIT R1(G) TRUE COPY OF COMMUNICATION DATED 7.12.2009 ISSUED BY THE SECRETARY, DTPC TO THE 1ST RESPONDENT. ``` ``` EXHIBIT R1(H) TRUE COPY OF COMMUNICATION DATED 22.04.2010 ISSUED BY THE EXECUTIVE ENGINEER, COCHIN DEVASWOM BOARD TO THE 1ST RESPONDENT. ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 32 – ``` EXHIBIT R1(I) TRUE COPY OF MINUTES OF THE MEETING DATED 24.05.2010 HELD IN THE OFFICE OF THE DTPC. ``` - **`EXHIBIT R1(J) TRUE COPY OF PROCEEDINGS OF THE SPECIAL DEVASWOM COMMISSIONER OF THE DEVASWOM DATED 11.02.2013.`** - **`EXHIBIT R1(K) TRUE COPY OF PROCEEDINGS OF THE DISTRICT COLLECTOR, THRISSUR DATED 18.05.2013.`** - **`EXHIBIT R1(L) TRUE COPY OF COMMUNICATION DATED 28.06.2013 ISSUED BY THE ASSISTANT COMMISSIONER, THRISSUR TO THE FIRST RESPONDENT.`** ``` EXHIBIT R1(M) TRUE COPY OF NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY ON 10.05.2013. ``` ``` EXHIBIT R1(N) TRUE COPY OF PROCEEDINGS OF THE FIRST RESPONDENT DATED 11.07.2013. ``` - **`EXHIBIT R1(O) TRUE COPY OF NOTICE DATED 29.06.2013 ISSUED BY ELECTRICAL WING OF THRISSUR CORPORATION TO THE FIRST RESPONDENT.`** - **`EXHIBIT R1(P) TRUE COPY OF THE LETTER DATED 03.10.2013 ISSUED BY THE FIRST RESPONDENT TO THRISSUR CORPORATION.`** - **`EXHIBIT R1(Q) TRUE COPY OF THE COMMUNICATION DATED 18.10.2013 OF THE TAHSILDAR, THRISSUR TO SUB COLLECTOR.`** - **`EXHIBIT R1(R) TRUE COPY OF THE LETTER DATED 04.02.2014 ISSUED BY THE 1ST RESPONDENT TO THE SECRETARY, THRISSUR CORPORATION.`** - **`EXHIBIT R1(S) TRUE COPY OF LETTER DATED 04.03.2014 ISSUED BY THE SECRETARY, THRISSUR CORPORATION TO THE 1ST RESPONDENT.`** - **`EXHIBIT R1(T) TRUE COPY OF LETTER DATED 01.04.2014 ISSUED BY ASSISTANT COMMISSIONER TO THE 1ST RESPONDENT.`** - **`EXHIBIT R1(U) TRUE COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DATED 24.03.2014.`** ``` EXHIBIT R1(V) TRUE COPY OF COMMUNICATION DATED 18.5.2015 ISSUED BY THE ASSISTANT COMMISSIONER, THRISSUR TO THE 1ST RESPONDENT. ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 ||- 33 –| |---|---| |**`EXHIBIT R1(W)`**|**`TRUE COPY OF REQUEST SUBMITTED BY THE 4TH`**| ||**`RESPONDENT TO THE FIRST RESPONDENT.`**| |**`EXHIBIT R1(X)`**|**`TRUE COPY OF LETTER DATED 10.10.2021 SUBMITTED`**| ||**`BY 4TH RESPONDENT.`**| |**`EXHIBIT R1(Y)`**|**`TRUE COPY OF PRASHNACHARTHU DATED 28.10.2021.`**| |**`EXHIBIT R1(Z)`**|**`TRUE COPY OF LETTER SUBMITTED BY THE DEVASWOM`**| ||**`OFFICER TO THE THANTHRI OF THE TEMPLE.`**| |**`EXHIBIT R1(AA)`**|**`TRUE COPY OF REPLY GIVEN BY THANTHRI TO THE`**| ||**`DEVASWOM OFFICER.`**| WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 34 – ## **`APPENDIX OF WP(C) 276/2022`** ## **`PETITIONER'S EXHIBITS:`** ``` EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 13.03.2020 OF THE 1ST RESPONDENT. ``` ``` EXHIBIT P2 THE TRUE COPY OF THE ORDER DATED 13.10.2021 OF THE 1ST RESPONDENT. ``` ``` EXHIBIT P3 THE TRUE COPIES OF THE PHOTOGRAPHS OF THE POND, PEDAL BOATS AND CAFETERIA. ``` - **`EXHIBIT P4 THE TRUE COPY OF THE NOTICE AFFIXED BY THE 1ST RESPONDENT AT THE ENTRANCE OF VADAKKECHIRA BOATING.`** ``` EXHIBIT P5 THE TRUE COPY OF THE LETTER DATED NIL ISSUED BY THE 3RD RESPONDENT THANTRI OF ASHOKESWARAM TEMPLE. ``` - **`EXHIBIT P6 THE TRUE COPY OF THE ORDER DATED 11.04.2022 VIDE NO. R.3446/2022 ISSUED BY THE 1ST RESPONDENT GIVING A NO OBJECTION CERTIFICATE RECEIVED UNDER THE RIGHT TO INFORMATION ACT.`** - **`EXHIBIT P7 THE TRUE COPY THE LAY OUT PLAN OF THE FOOT OVER BRIDGE DATED 16.08.2018 RECEIVED UNDER THE RIGHT TO INFORMATION ACT.`** - **`EXHIBIT P8 THE TRUE COPY OF THE PHOTOGRAPHS SHOWING THE CONSTRUCTION OF THE PILLARS.`** - **`RESPONDENTS' EXHIBITS:`** - **`EXHIBIT R1(A) TRUE COPY OF THE ORDER DATED 11.04.1985 ISSUED BY THE FIRST RESPONDENT.`** ``` EXHIBIT R1(B) TRUE COPY OF LETTER DATED 04.05.1985 ISSUED BY THE FIRST RESPONDENT TO THE EXECUTIVE ENGINEER, W.S.AUGMENTATION DIVISION, THRISSUR. ``` ``` EXHIBIT R1(C) TRUE COPY OF PROCEEDINGS DATED 19.01.1993 OF THE MEETING CONVENED BY DISTRICT COLLECTOR, THRISSUR. ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 35 – ``` EXHIBIT R1(D) TRUE COPY OF LETTER DATED 04.03.1993 FROM THE FIRST RESPONDENT TO THE DISTRICT COLLECTOR, THRISSUR. ``` ``` EXHIBIT R1(E) TRUE COPY OF COMMUNICATION DATED 12.07.2005 ISSUED BY THE DISTRICT TOURISM PROMOTION COUNCIL, THRISSUR TO THE FIRST RESPONDENT. ``` - **`EXHIBIT R1(F) TRUE COPY OF COMMUNICATION DATED 13.08.2009 ISSUED BY THE SECRETARY, DTPC, THRISSUR TO THE FIRST RESPONDENT.`** - **`EXHIBIT R1(G) TRUE COPY OF COMMUNICATION DATED 7.12.2009 ISSUED BY THE SECRETARY, DTPC TO THE 1ST RESPONDENT.`** - **`EXHIBIT R1(H) TRUE COPY OF COMMUNICATION DATED 22.04.2010 ISSUED BY THE EXECUTIVE ENGINEER, COCHIN DEVASWOM BOARD TO THE 1ST RESPONDENT.`** - **`EXHIBIT R1(I) TRUE COPY OF MINUTES OF THE MEETING DATED 24.05.2010 HELD IN THE OFFICE OF THE DTPC.`** - **`EXHIBIT R1(J) TRUE COPY OF PROCEEDINGS OF THE SPECIAL DEVASWOM COMMISSIONER OF THE DEVASWOM DATED 11.02.2013.`** - **`EXHIBIT R1(K) TRUE COPY OF PROCEEDINGS OF THE DISTRICT COLLECTOR, THRISSUR DATED 18.05.2013.`** - **`EXHIBIT R1(L) TRUE COPY OF COMMUNICATION DATED 28.06.2013 ISSUED BY THE ASSISTANT COMMISSIONER, THRISSUR TO THE FIRST RESPONDENT.`** - **`EXHIBIT R1(M) TRUE COPY OF NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY ON 10.05.2013.`** - **`EXHIBIT R1(N) TRUE COPY OF PROCEEDINGS OF THE FIRST RESPONDENT DATED 11.07.2013.`** - **`EXHIBIT R1(O) TRUE COPY OF NOTICE DATED 29.06.2013 ISSUED BY ELECTRICAL WING OF THRISSUR CORPORATION TO THE FIRST RESPONDENT.`** ``` EXHIBIT R1(P) ``` ``` TRUE COPY OF THE LETTER DATED 03.10.2013 ISSUED BY THE FIRST RESPONDENT TO THRISSUR CORPORATION. ``` WP(C) Nos.25515 of 2021, 191 of 2022 and 276 of 2022 - 36 – ``` EXHIBIT R1(Q) TRUE COPY OF THE COMMUNICATION DATED 18.10.2013 OF THE TAHSILDAR, THRISSUR TO SUB COLLECTOR. ``` ``` EXHIBIT R1(R) TRUE COPY OF THE LETTER DATED 04.02.2014 ISSUED BY THE 1ST RESPONDENT TO THE SECRETARY, THRISSUR CORPORATION. ``` ``` EXHIBIT R1(S) TRUE COPY OF LETTER DATED 04.03.2014 ISSUED BY THE SECRETARY, THRISSUR CORPORATION TO THE 1ST RESPONDENT. ``` ``` EXHIBIT R1(T) TRUE COPY OF LETTER DATED 01.04.2014 ISSUED BY ASSISTANT COMMISSIONER TO THE 1ST RESPONDENT. EXHIBIT R1(U) TRUE COPY OF NEWS ITEM PUBLISHED IN MATHRUBHUMI DAILY DATED 24.03.2014. ``` ``` EXHIBIT R1(V) TRUE COPY OF COMMUNICATION DATED 18.5.2015 ISSUED BY THE ASSISTANT COMMISSIONER, THRISSUR TO THE 1ST RESPONDENT. ``` ``` EXHIBIT R1(W) TRUE COPY OF REQUEST SUBMITTED BY THE 4TH RESPONDENT TO THE FIRST RESPONDENT. ``` ``` EXHIBIT R1(X) TRUE COPY OF LETTER DATED 10.10.2021 SUBMITTED BY 4TH RESPONDENT. ``` ``` EXHIBIT R1(Y) TRUE COPY OF PRASHNACHARTHU DATED 28.10.2021. EXHIBIT R1(Z) TRUE COPY OF LETTER SUBMITTED BY THE DEVASWOM OFFICER TO THE THANTHRI OF THE TEMPLE. ``` ``` EXHIBIT R1(AA) TRUE COPY OF REPLY GIVEN BY THANTHRI TO THE DEVASWOM OFFICER. ```