Viswa Hindu Parishad (VHP) Kendra Karyalaya & Hindu Aikya Vedi Sathyananda Bhavan, Ernakulam v. State of Kerala, Travancore Devaswom Board, Aluva Municipality, Aluva Mahadeva Temple, and others; W.P.(C) Nos. 2676 of 2023 and 3501 of 2023

# **`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 6[TH] DAY OF MARCH 2023 / 15TH PHALGUNA, 1944 W.P.(C)NO.2676OF 2023 ``` ``` PETITIONERS: ``` - **`1 VISWA HINDU PARISHAD VHP KENDRA KARYALAYA, PAVAKKULAM TEMPLE COMPLEX, KALOOR, KOCHI, PIN - 682017 REPRESENTED BY ITS JOINT SECRETARY ABINU SURESH T,`** - **`2 HINDU AIKYA VEDI SATHYANANDA BHAVAN 4TH FLOOR- SITHARAM COMPLEX CHITTOOR ROAD, KACHERIPADY ERNAKULAM, PIN – 682018 REP BY ITS JILLA WORKING PRESIDENT P.C BABU`** ``` BY ADVS.M.P.ASHOK KUMAR BINDU SREEDHAR ASIF N ``` ``` RESPONDENTS: ``` - **`1 STATE OF KERALA, REP BY IT'S PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001`** - **`2 ALUVA MUNICIPALITY, REP BY IT'S SECRETARY MUNICIPALITY OF ALUVA PWD QUARTERS, PERIYAR NAGAR, ALUVA ERNAKULAM, PIN - 683101`** - **`3 THE SECRETARY, ALUVA MUNICIPALITY, MUNICIPALITY OF ALUVA PWD QUARTERS, PERIYAR NAGAR, ALUVA ERNAKULAM, PIN - 683101`** - **`4 TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM, KERALA PIN – 695003, REPRESENTED BY ITS SECRETARY,`** 2 W.P.(C)Nos.2676 & 3501 of 2023 - **`5 THE DISTRICT COLLECTOR ERNAKULAM, FIRST FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 682030`** ``` 6 FUN WORLD AND RESORTS (INDIA) PVT LTD PALACE GROUNDS OPP T.V TOWER, J.C NAGAR BENGALURU, KARNATAKA - 560006 REPRESENTED BY SRI. VINOD KUMAR SABHARWAL MANAGING DIRECTOR, PIN - 560006 ``` ``` BY ADVS.K T THOMAS P.MOHANDAS(ERNAKULAM) P. MATHEW BOB KURIAN(K/381/1991) K.SUDHINKUMAR(K/572/2014) SABU PULLAN(K/35/2001) GOKUL D. SUDHAKARAN(K/000886/2016) R.BHASKARA KRISHNAN(K/000891/2016) ``` ``` SR GP SRI S RAJMOHAN SRI.G.BIJU, SC, TDB ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2023, ALONG WITH WP(C)NO.3501/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C)Nos.2676 & 3501 of 2023 ``` 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 6[TH] DAY OF MARCH 2023 / 15TH PHALGUNA, 1944 WP(C) NO.3501 OF 2023 ``` ## **`PETITIONER:`** - **`1 T.B. SAJEEVAN, AGED 49 YEARS S/O BALAKRISHANA, R/O THATHAYIL HOUSE, MOOPPATHADAM P.O., ERNAKULAM DIST., PIN - 683110`** - **`2 MANOJ C. M., AGED 41 YEARS S/O MOHANAN C.C., CHANTHAPPADAM, MANAKKAPPADY, KARUMALOOR P.O.,, PIN - 683511`** ``` BY ADVS.C.J.ANTONY LOYED C.CHANDRASEKHARAN ANIL KUMAR M.SIVARAMAN ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT TRIVANDRUM, PIN - 695001`** - **`2 TRAVANCORE DEVASWAM BOARD, DEVASWOM BOARD HEAD QUARTERS, NANDANCODE, THIRUVANANTHAPURAM, REP BY ITS SECRETARY, PIN – 695003, REP.BY ITS SECRETARY`** - **`3 ALUVA MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL BUILDING, ALUVA, PIN - 683101`** - **`4 THE ASST. DEVASWOM COMMISSIONER OFFICE OF TRAVANCORE DEVASOM BOARD, PERIYAR NAGAR, ALUVA, PIN - 683101`** 4 W.P.(C)Nos.2676 & 3501 of 2023 - **`5 THE ADMINISTRATIVE OFFICER ALUVA MAHADEVA TEMPLE, MANAPPURAM, TEMPLE RD, THOTTAKKATTUKARA, ALUVA, KERALA, PIN - 683101`** - **`6 THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 683030`** - **`7 THE REVENUE DIVISIONAL OFFICER, KB JACOB RD, FORT KOCHI, PIN - 682001`** - **`8 THE ENVIRONMENTAL ENGINEER, THE DISTRICT OFFICE OF THE KERALA STATE POLLUTION CONTROL BOARD, GANDHINAGAR, ERNAKULAM, PIN-680020, PIN - 682020`** - **`9 THE DEPUTY COLLECTOR (LAND REVENUE), CIVIL STATION, KAKKANAD, ERNAKULAM, PIN - 683030`** - **`10 FUN WORLD AND RESORTS INDIA PVT LTD, NO.2, JAYAMAHAL MAIN RD, NANDI DURGA ROAD EXTENSION, J.C.NAGAR, BENGALURU, KARNATAKA 560006 REPRESENTED BY ITS MANAGING DIRECTOR (LOCAL ADMINISTRATIVE OFFICE - ALUVA SIVARATHRI MANPURAM, ALUVA), PIN - 683108`** ``` BY ADVS.K T THOMAS P.MOHANDAS(ERNAKULAM) P. MATHEW BOB KURIAN(K/381/1991) NIKHIL BERNY(K/674/2014) SAIJURAJA C.(K/676/2022) K.SUDHINKUMAR(K/572/2014) SABU PULLAN(K/35/2001) GOKUL D. SUDHAKARAN(K/000886/2016) R.BHASKARA KRISHNAN(K/000891/2016) K.P.SATHEESAN (SR.)(S-242) ``` ``` SR GP SRI S RAJMOHAN SRI.G.BIJU, SC, TDB ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.03.2023, ALONG WITH WP(C).2676/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` -5- W.P.(C). No.2676 & 3501 of 2023 ## **JUDGMENT** Anil K. Narendran, J. Since the common issue raised in these writ petitions mainly relates to the conduct of Sivarathri festival in Aluva Sivarathri Manappuram, they are heard and disposed of together. 2. W.P.(C)No.2676 of 2023:- The petitioners, namely, Viswa Hindu Parishad and Hindu Aikya Veedi, have filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the leasing out of Aluva Sivarathri Manappuram situated within the territorial jurisdiction of 2[nd] respondent Aluva Municipality for conducting trade fair in connection with Aluva Sivarathri Festival during February, 2023, is illegal and without jurisdiction. The petitioners have also sought for a declaration that Aluva Sivarathri Manappuram belongs to Aluva Mahadeva Temple, which is under the management of the 4[th] respondent Travancore Devaswom Board and the 2[nd] respondent Aluva Municipality does not have any right or authority to regulate the use of Aluva Sivarathri Manappuram. The further relief sought for is a writ of mandamus commanding the 2[nd] respondent Aluva Municipality to produce the entire accounts showing the income received -6- W.P.(C). No.2676 & 3501 of 2023 from leasing out Aluva Sivarathri Manappuram for conducting trade fair during Sivarathri Festival, for the last 30 years. 2.1. On 27.01.2023, when this writ petition came up for admission, on a query made by this Court, the learned counsel for the petitioners submitted that the declaratory reliefs sought for in this writ petition cover the land in excess of the Devaswom land having an extent of 1.14 Acres in Sy.No.305/1B of Kadungallur Village and 10.56 Acres of land in old Sy.No.339/1B of Aluva Village, under the control of Aluva Devaswom, on the strength of G.O(Ms.)No.977/Revenue dated 09.11.1961 issued by the 1[st] respondent State (total 11.70 Acres). The learned Standing Counsel for Aluva Municipality, on instructions, submitted that Ext.P8 e-tender notification dated 27.12.2022 is not in respect of the aforesaid extent of 11.70 Acres. The learned Standing counsel sought time to file a counter affidavit on behalf of respondents 2 and 3 and the learned Senior Government Pleader sought time to get instructions. 2.2. Respondents 2 and 3 have filed a counter affidavit dated 31.01.2023, producing therewith Exts.R2(a) to R2(i) documents. The 6[th] respondent has also filed a counter affidavit dated 10.02.2023, producing therewith Exts.R6(a) to -7- W.P.(C). No.2676 & 3501 of 2023 R6(e) documents. 3. W.P.(C)No.3501 of 2023:- The petitioners, who are the devotees of Aluva Mahadeva Temple, have filed this writ petition seeking a writ of mandamus commanding the 2[nd] respondent Travancore Devaswom Board and the 3[rd] respondent Aluva Municipality to take necessary steps to comply with the directions contained in Ext.P1 common judgment dated 15.03.2018 in W.P.(C)No.7504 of 2012 and DBP No.122 of 2012, by ensuring the use of the extent of land beyond 11.70 Ares in Aluva Sivarathri Manappuram for the purposes of Hindu religious activity, maintaining decorum and the discipline which is required, with respect to the properties that are adjoining to a religious institution; a writ of mandamus commanding the 3[rd] respondent Aluva Municipality to comply with the specific observations of the Apex Court in **M.C.Mehta v. Kamal Nath [(1997) 1 SCC 388]** and in **M.C.Mehta v. Union of India [(2004) 12 SCC 118]** to preserve the virtues of nature, applying Public Trust Theory to preserve and protect Aluva Sivarathri Manappuram, the river banks and restrain from using it for commercial purposes affecting its bio-physical environment; a writ of certiorari to quash Ext.P3 agreement dated 18.01.2023 entered into -8- W.P.(C). No.2676 & 3501 of 2023 between the 10[th] respondent (the 6[th] respondent in W.P.(C)No.2676 of 2023) and the 3[rd] respondent Aluva Municipality using Aluva Sivarathri Manappuram contrary to the purposes of Hindu religious activity maintaining decorum and the discipline which is required with respect to the properties that are adjoining to a religious institution in compliance with Ext.P1 judgment dated 15.03.2018. 3.1. On 02.02.2023, when this writ petition came up for admission, it was ordered to be listed along with the judges’ papers in W.P.(C)No.7504 of 2012 and DBP No.122 of 2012. The learned Senior Government Pleader and also the learned Standing Counsel for Travancore Devaswom Board were directed to get instructions. 3.2. The 10[th] respondent, who is the 6[th] respondent in W.P.(C)No.2676 of 2023, has filed counter affidavit dated 10.02.2023, producing therewith Exts.R10(a) to R10(d) documents. The 3[rd] respondent Aluva Municipality has filed a counter affidavit dated 15.02.2023. 4. On 06.02.2023, when these writ petitions came up for consideration, this Court directed the learned Senior Government Pleader to get instructions from the District Collector, Ernakulam on the crowd management at Aluva -9- W.P.(C). No.2676 & 3501 of 2023 Manappuram during Sivarathri festival. On 15.02.2023, along with a memo dated 14.02.2023 of the learned Senior Government Pleader, the report dated 13.02.2023 of the District Collector, Ernakulam is placed on record. 5. On 17.02.2023, when these writ petitions came up for consideration, this Court passed a detailed order, which ## reads thus; “On 08.02.2023, when these writ petitions came up for consideration, the learned Senior Government Pleader pointed out that a meeting to discuss the issues in connection with Aluva Sivarathri Festival of 1198 ME is scheduled to be held at the office of the District Collector, Ernakulam on 13.02.2023. 2. On 16.02.2023, when these writ petitions came up for further consideration, the learned Government Pleader submitted that the report of the District Collector, Ernakulam is being placed on record. 3. Along with a memo dated 14.02.2023, a detailed report of the District Collector, Ernakulam is placed on record, wherein the District Collector has stated in detail various arrangements made for Aluva Sivarathri Festival celebrated on the banks of Periyar river at Aluva Manappuram. 4. In the decision in **Suo Motu v. State of Kerala [2022 (3) KHC 413]** (order dated 08.04.2022 in DBP No.6 of 2022), we have issued various directions regarding the conduct of Aluva Sivarathri Festival. The directions contained in paragraph 39 of the said decision read thus; -10- W.P.(C). No.2676 & 3501 of 2023 “39. In the above circumstances, this DBP is disposed of with the following directions; (i) The Travancore Devaswom Board shall auction the right to conduct balitharpanam by purohits/shantis in 20 to 24 balitharas at Aluva Shivratri Manappuram, as per the layout plan in Annexure R2(a), on all days other than Karkidaka Vavu, Thula Vavu and Shivratri festival days, by inviting sealed quotations, on yearly basis, after issuing a proper notification with layout plan of balitharas and also base price (upset price) of each balitharas. (ii) the Travancore Devaswom Board shall auction the right to conduct balitharpanam by purohits/shantis, during Karkidaka Vavu, Thula Vavu and Shivratri festival days, in 60 to 80 balitharas at Aluva Shivratri Manappuram, after issuing a proper notification with layout plan of balitharas, classifying balitharas facing the river in 'A' sector and those facing the temple in 'B' sector, and also base price (upset price) of each balitharas. (iii) purohits/shantis who have auctioned balitharas in Aluva Shivratri Manappuram shall be issued with photo identity cards and the 4[th] respondent Administrative Officer shall ensure that only those purohits/shantis who have been issued with such identity cards alone are conducting balitharpanam in the balitharas in Aluva Shivratri Manappuram. (iv) the 6[th] respondent Superintendent of -11- W.P.(C). No.2676 & 3501 of 2023 Police and the 7[th] respondent Station House Officer shall take necessary steps to ensure that there is no law and order issues in connection with balitharpanam in Aluva Shivratri Manappuram during Karkidaka Vavu, Thula Vavu and Shivratri festival days. In addition to the permanent CCTV cameras, sufficient number of temporary CCTV cameras shall be installed at Aluva Shivaratri Manappuram to oversee the activities and sufficient number of police personnel shall be deployed to ensure that no untoward incidents happen in an around Shivratri Manappuram. 5. The order of this Court in DBP No.6 of 2022 was under challenge before the Apex Court in S.L.P.(C)No.13860 of 2022 filed by one Radhakrishan Wadhyar, who was arrayed as the additional 8[th] respondent in that DBP. That SLP ended in dismissal by the order dated 08.08.2022, declining interference on the order of this Court in DBP No.6 of 2022. 6. Today, when these matters are taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board would submit that 84 balitharas in Aluva Manappuram have already been auctioned and the remaining 32 balitharas will also be allotted to Purohiths, by the Administrative Officer. The learned Standing Counsel would point out paragraph 12 of the report of the District Collector, wherein it is stated that Purohiths, who have auctioned balitharas, have already been issued with identity cards. 7. The learned Senior Government Pleader would submit -12- W.P.(C). No.2676 & 3501 of 2023 that the District Administration and Police have already made necessary arrangements, strictly in compliance of the directions contained in paragraph 39(iv) of the order dated 08.04.2022 in DBP No.6 of 2022, by installing sufficient number of CCTV cameras, deploying police personnel, etc. 8. Having considered the submissions made at the Bar, we deem it appropriate to direct all concerned to ensure strict compliance of the directions contained in paragraph 39 of the order of this Court dated 08.04.2022 in DBP No.6 of 2022, in letter and spirit, during Aluva Sivarathri Festival of the year 1198 M.E. The District Administration, the Police and the 3[rd] respondent Aluva Municipality shall ensure that the activities in the amusement park is not causing any inconvenience whatsoever to the devotees reaching Aluva Manappuram for performing Balitharpanam.” 6. Heard the learned counsel for the petitioners in the respective writ petitions, the learned Senior Government Pleader for the State and official respondents, the learned Standing Counsel for Travancore Devaswom Board, the learned Standing Counsel for Aluva Municipality and also the learned counsel for the party respondent. 7. The issue regarding auctioning of Aluva Sivarathri Manappuram in connection with Mahasivarathri Festival of the year 2022 was the subject matter in a _suo motu_ proceedings, which was registered as DBP No.6 of 2022 [ **Suo Motu v State** -13- W.P.(C). No.2676 & 3501 of 2023 **of Kerala 2022 (3) KHC 413** ]. The Special Leave Petition, i.e., S.L.P(C)No.13860 of 2022 filed by one Radhakrishan Wadhyar, who was arrayed as the additional 8[th] respondent in that DBP, challenging the order dated 08.04.2022 in DBP No.6 of 2022, ended in dismissal by the order of the Apex Court dated 08.08.2022. 8. On 17.02.2023, when these matters were taken up for consideration, the learned Standing Counsel for Travancore Devaswom Board submitted that 84 balitharas in Aluva Manappuram have already been auctioned and the remaining 32 balitharas will also be allotted to Purohiths, by the Administrative Officer. The learned Standing Counsel pointed out paragraph 12 of the report of the District Collector, wherein it is stated that Purohiths, who have auctioned balitharas, have already been issued with identity cards. The learned Senior Government Pleader submitted that the District Administration and Police have already made necessary arrangements, strictly in compliance of the directions contained in paragraph 39(iv) of the order dated 08.04.2022 in DBP No.6 of 2022, by installing sufficient number of CCTV cameras, deploying police personnel, etc. By the order dated 17.02.2023, this Court directed all concerned to ensure strict -14- W.P.(C). No.2676 & 3501 of 2023 compliance of the directions contained in paragraph 39 of the order dated 08.04.2022 in DBP No.6 of 2022, in letter and spirit, during Aluva Sivarathri Festival of the year 1198 M.E. The District Administration, the Police and the 3[rd] respondent Aluva Municipality were directed to ensure that the activities in the amusement park are not causing any inconvenience whatsoever to the devotees reaching Aluva Manappuram for performing balitharpanam. 9. During the course of arguments, the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board and also the learned Standing Counsel for Aluva Municipality would submit that during Aluva Sivarathri festival of the year 1198 M.E., there was strict compliance of the directions contained in the order of this Court dated 17.02.2023. 10. The learned counsel for the petitioners in W.P.(C)No.3501 of 2023 would place reliance on the judgment of the Apex Court in **Payappar Sree Dharmasastha Temple Advisory Committee v. A.K. Joseph [(2009) 14 SCC** **628]** , wherein it was held that, in view of the provisions under Section 27 of the Travancore-Cochin Hindu Religious and Charitable Institutions Act, 1950, immovable properties -15- W.P.(C). No.2676 & 3501 of 2023 entered or classed in the revenue records as Devaswom property, which is in the possession or enjoyment of the Devaswom effective from 12.04.1922 shall be dealt with as Devaswom properties. The learned counsel would also rely on the order of the Division Bench dated 04.02.2010 in DBP No.76 of 2009 [2010/KER/4718], wherein it was held that, even if there is a dispute as to whether the land is Revenue Puramboke or Devaswom Puramboke, the Government should not be the authority to decide the matter because under Section 27 of the Travancore-Cochin Hindu Religious Institutions Act, 1950, the properties in the possession of the Devaswom shall be deemed to be Devaswom properties. It would be open to the Government to raise any such question about its title or any land possessed by Devaswom, before this court for early settlement of the dispute. 11. The learned Senior Government Pleader would point out Ground D of W.P.(C)No.3501 of 2023 and also the first relief in both the writ petitions. In Ground D of W.P.(C)No.3501 of 2023 the petitioners have stated that the river bank popularly known as Aluva Sivarathri Manappuram situated in Block No.1 of Aluva West Village vest with the Government, by virtue of the notification vide G.O.(P)No.132/93/LAD dated -16- W.P.(C). No.2676 & 3501 of 2023 ## 29.06.1993. 12. The learned Standing Counsel for Aluva Municipality would point out that even without approaching the statutory authorities for redressal of their grievance, the petitioners have chosen to approach this Court in the above writ petition, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India. ## 13. In **Oriental Bank of Commerce v. Sunder Lal** **Jain [(2008) 2 SCC 280]** the Apex Court held that in order that a writ of mandamus may be issued, there must be a legal right with the party asking for the writ to compel the performance of some statutory duty cast upon the authorities. In the said decision, the Apex Court noticed that the principles on which a writ of mandamus can be issued have been stated in 'The Law of Extraordinary Legal Remedies' by F. G. Ferris and F. G. Ferris, Jr. that, mandamus is, subject to the exercise of a sound judicial discretion, the appropriate remedy to enforce a plain, positive, specific and ministerial duty presently existing and imposed by law upon officers and others who refuse or neglect to perform such duty, when there is no other adequate and specific legal remedy and without which there would be a failure of justice. -17- W.P.(C). No.2676 & 3501 of 2023 14. Admittedly, the declaratory reliefs sought for in the above writ petitions cover the land in excess of the Devaswom land having an extent of 1.14 Acres in Sy.No.305/1B of Kadungallur Village and 10.56 Acres of land in old Sy.No.339/1B of Aluva Village, under the control of Aluva Devaswom, on the strength of G.O(Ms.)No.977/Revenue dated 09.11.1961 issued by the 1[st] respondent State (total 11.70 Acres). It is also not in dispute that, Ext.P8 e-tender notification dated 27.12.2022 in W.P.(C)No.2676 of 2023 issued by Aluva Municipality is not in respect of the aforesaid extent of 11.70 Acres. The issue in respect of land in excess of the aforesaid 11.70 Acres, which was the subject matter in W.P.(C)No.7504 of 2012 and DBP No.122 of 2012, is pending consideration before the 1[st] respondent State, pursuant to the direction contained in the judgment dated 15.03.2018 (Ext.P5 in W.P.(C)No.2676 of 2023). It is for the 1[st] respondent State to take an appropriate decision on that aspect, in terms of the directions contained in that judgment, at the earliest. ## 15. In **Suo Motu v. State of Kerala and others** **[2023/KER/7249]** (order dated 03.02.2023 in DBP No.95 of 2022) this Court held that the roads constructed as per the standards and guidelines prescribed by the Indian Roads -18- W.P.(C). No.2676 & 3501 of 2023 Congress have to be maintained as such, without any encroachment on the right of way or on the pedestrian facilities provided as per such standards and guidelines. No political party, organisation or trader can be permitted to encroach upon footpaths or right of way of public roads, in connection with any protests, demonstrations or trade, by erecting any temporary structures on the right of way or on the pedestrian facilities or by stocking articles for trade forcing pedestrians including those with disabilities and reduced mobility to walk in unsafe circumstances. Since the State holds public roads as a trustee on behalf of the public, the inaction on the part of the State and the Local Self Government Institutions in preventing such encroachments upon footpaths or right of way of public roads will amount to breach of trust. Any failure on the part of the designated authorities, contractor, consultant or concessionaire in maintaining the safety standards of public roads will attract the penal consequences provided under Section 198A of the Motor Vehicles Act, 1988. By the order dated 03.02.2023 in DBP No.95 of 2022, the Secretary of Aluva Municipality is directed to prevent encroachment of any nature, in any form, either temporary or permanent, on the right of way or pedestrian -19- W.P.(C). No.2676 & 3501 of 2023 facilities on public roads leading to Aluva Mahadeva Temple, strictly in terms of the law laid down in the decisions referred to _supra_ , to ensure the safety of the road users, including children, senior citizen and differently-abled persons. The Secretary of Aluva Municipality is directed to conduct periodical inspections, in order to ensure that roads and pedestrian facilities on the public road leading to Aluva Mahadeva Temple are maintained without any encroachments whatsoever. Any such encroachments around Aluva Mahadeva Temple, which would force the road users including those with disabilities and reduced mobility to walk in unsafe circumstances, shall be brought to the notice of the Secretary of Aluva Municipality, by the Administrative Officer, Aluva Mahadeva Temple by submitting representations, which shall be acted upon by Aluva Municipality, taking note of the law laid down in the decisions referred to in the order dated 03.02.2023, if found necessary, seeking police aid under Section 550(5)(b) of the Kerala Municipality Act, 1994. The 4[th] respondent Administrative Officer of Aluva Mahadeva Temple is directed to ensure that the temple premises having an extent of 1.14 Acres and the additional extent of 10.56 Acres covered by Government Order dated 19.11.1961 are maintained clean and -20- W.P.(C). No.2676 & 3501 of 2023 tidy. The Secretary of Aluva Municipality is directed to ensure that all major roads and ways leading to Manappuram and also Balitharpana Kadavus, other than those under the Travancore Devaswom Board, are being maintained clean and tidy. 16. The directions contained in the order dated 03.02.2023 in DBP No.95 of 2022 **[2023/KER/7249]** shall be followed, in letter and spirit, by Aluva Municipality and the Travancore Devaswom Board. The Administrative Officer of Aluva Sree Mahadevar Temple shall not permit any unauthorised stalls or shops in the Devaswom land having an extent of 1.14 Acres in Sy.No.305/1B of Kadungallur Village and 10.56 Acres of land in old Sy.No.339/1B of Aluva Village, under the control of Aluva Devaswom, causing inconvenience to the devotees. The writ petitions are disposed of with the directions contained hereinbefore, leaving open the legal and factual contentions raised by both sides. Sd/- ## **ANIL K. NARENDRAN, JUDGE** Sd/- ## **P.G. AJITHKUMAR, JUDGE** AV/7/3 -21- W.P.(C). No.2676 & 3501 of 2023 ## **`APPENDIX OF WP(C) 2676/2023`** ``` PETITIONER EXHIBITS ``` - **`Exhibit P1`** ``` TRUE COPY OF THE QUESTIONNAIRE DT 11/01/2012 FILED SRI P.C BALACHANDRAN BEFORE TALUK OFFICE, ALUVA ``` - **`Exhibit P2 TRUE COPY OF REPLY DT 18/01/2012 ISSUED BY TALUK OFFICE, ALUVA UNDER RTI ACT`** ``` Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT DT 25/07/2012 FILED BY THE DISTRICT COLLECTOR IN WP(C)NO.7504 OF 2012 BEFORE THIS HON'BLE COURT ``` - **`Exhibit P4 TRUE COPY OF JUDGMENT IN WP(C) 5192 OF 2011 DT 15/06/2011 PASSED BY THIS HON'BLE COURT`** - **`Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP(C)NO. 7504 OF 2012 DT 15/03/2018 PASSED BY THIS HON'BLE COURT`** - **`Exhibit P6 TRUE COPY OF THE PETITION FILED BY THE 1ST PETITIONER DT 01/05/2018 BEFORE THE MINISTER FOR REVENUE`** - **`Exhibit P7 TRUE COPY OF ACKNOWLEDGEMENT ISSUED BY P.S TO MINISTER FOR REVENUE DT 18/06/2018`** - **`Exhibit P8 TRUE COPY OF NOTIFICATION DT 27/12/2022 PUBLISHED IN MATHRUBHUMI DAILY`** - **`Exhibit P9 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MALAYALA MANORAMA DAILY DT 10/01/2023`** ``` RESPONDENT EXHIBITS ``` ``` EXHIBIT-R2(A) TRUE COPY OF THE G.O (MS) NO.977/REVENUE DATED 09.11.1961 ``` -22- W.P.(C). No.2676 & 3501 of 2023 ``` EXHIBIT-R2(B) TRUE COPY OF THE EXTRACT OF PAGE 10 OF THE REGISTER OF IMMOVABLE PROPERTIES MAINTAINED BY THE MUNICIPALITY ``` ``` EXHIBIT-R2(B)(A) TYPED COPY OF THE EXTRACT OF PAGE 10 OF THE REGISTER OF IMMOVABLE PROPERTIES MAINTAINED BY THE MUNICIPALITY ``` - **`EXHIBIT-R2(C) TRUE COPY OF THE EXTRACT OF PAGE 181 OF THE REGISTER OF IMMOVABLE PROPERTIES MAINTAINED BY THE MUNICIPALITY`** - **`EXHIBIT-R2(D) TRUE COPY OF THE EXTRACT OF PAGE 182 OF THE REGISTER OF IMMOVABLE PROPERTIES MAINTAINED BY THE MUNICIPALITY`** - **`EXHIBIT-R2(E) TRUE COPY OF THE ORDER DATED 29.01.2020 IN W.P (C) NO.5673/2017`** - **`EXHIBIT-R2(F) TYPED COPY OF G.O (P) NO.132/93/LAD DATED 29.06.1993 ISSUED BY STATE GOVERNMENT`** - **`EXHIBIT-R2(G) TRUE COPY OF RESOLUTION NO.1 DATED 07.12.2017 PASSED BY THE MUNICIPAL COUNCIL, ALUVA`** - **`EXHIBIT-R2(H) TRUE COPY OF AGREEMENT DATED 18.01.2023 ENTERED INTO BETWEEN ALUVA MUNICIPALITY AND 6TH RESPONDENT`** ``` EXHIBIT-R2(I) TRUE COPY OF ORDER DATED 19.01.2023 ISSUED BY 3RD RESPONDENT TO 6TH RESPONDENT ``` ``` EXHIBIT -R6(A) TRUE COPY OF THE SELECTION NOTICE GIVEN BY ALUVA MUNICIPALITY TO THIS RESPONDENT DATED 16-01-2023 ``` ``` EXHIBIT-R6(B) TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN THE ALUVA MUNICIPALITY AND THE 6TH RESPONDENT DATED 12-01-2023 ``` -23- W.P.(C). No.2676 & 3501 of 2023 |**`EXHIBIT-R6(C)`**|**`TRUE COPY OF THE SANCTION ORDER GIVEN`**| |---|---| ||**`BY THE ALUVA MUNICIPALITY DATED 19-01-`**| ||**`2023`**| |**`EXHIBIT-R6(D)`**|**`TRUE COPY OF THE RECEIPT ISSUED BY`**| ||**`TRAVANCORE DEVASWOM BOARD DATED 31-01-`**| ||**`2023`**| |**`EXHIBIT-R6(E)`**|**`TRUE COPY OF THE REGISTRATION`**| ||**`CERTIFICATE ISSUED BY GOVERNMENT OF`**| ||**`INDIA DATED 31-01-2023`**| -24- W.P.(C). No.2676 & 3501 of 2023 ## **`APPENDIX OF WP(C) 3501/2023`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1 ``` ``` THE JUDGMENT ORDER DATED 15-03-2018 IN WP(C).NO. 7504 OF 2012 ``` ``` Exhibit2 THE NEWS PAPER REPORT DATED 22/01/2023 ``` ``` Exhibit P3 ``` ``` THE AGREEMENT DATED 18/01/2023 ENTERED BETWEEN MUNICIPALITY AND 10TH RESPONDENT ``` ``` RESPONDENT EXHIBITS ``` ``` EXHIBIT-R10(A) TRUE COPY OF THE SELECTION NOTICE GIVEN BY ALUVA MUNICIPALITY TO THE 10TH RESPONDENT DATED 16-01-2023 ``` ``` EXHIBIT-R10(B) TRUE COPY OF THE SANCTION ORDER GIVEN BY THE ALUVA MUNICIPALITY DATED 19- 01-2023 ``` ``` EXHIBIT-R10(C) TRUE COPY OF THE RECEIPT ISSUED BY TRAVANCORE DEVASWOM BOARD DATED 31- 01-2023 ``` ``` EXHIBIT-R10(D) TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY GOVERNMENT OF INDIA DATED 31-01-2023 ```