W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 W.P.(C) NO. 3525 OF 2022** ## **PETITIONER:** **SOMAN P.K., AGED 68 YEARS,** **S/O. KRISHNANKUTTY, VALLIYANKAVU, PALOORKAVU P.O, IDUKKI - 685 532.** **BY ADVS. D.AJITHKUMAR HARSHA S. NAIR** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** - **2 THE DISTRICT COLLECTOR COLLECTORATE, IDUKKI - 685 602.** - **3 THE TAHSILDAR, PEERUMEDU TALUK, IDUKKI - 685 602.** - **4 THE VILLAGE OFFICER PERUVANTHANAM VILLAGE, IDUKKI - 685 532.** - **5 TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS, NATHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003, REPRESENTED BY ITS SECRETARY** 2 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 - **6 DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, DEVASWOM BOARD HEAD QUARTERS, NATHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003.** - **7 ADMINISTRATIVE OFFICER, VALLIYANKAVU DEVI TEMPLE, PALOORKAVU P.O, PEERUMEDU TALUK, PERUVANTHANAM VILLAGE, IDUKKI - 685 532.** - **8 TRAVANCORE RUBBER AND TEA COMPANY PERUVANTHANAM VILLAGE, PEERUMEDU TALUK, IDUKKI, REGISTERED OFFICE AT PATTOM PALACE PLO, THIRUVANANTHAPURAM - 695 004, REPRSENTED BY ITS CHIEF EXECUTIVE OFFICER,** - **9 PERUVANTHANAM GRAMA PANCHAYATH PERUVANTHANAM, PERUVANTHANAM P.O, IDUKKI - 685 532, REPRESENTED BY ITS SECRETARY.** - **10[1] P.N.PROMOD AGED 57 YEARS** - **S/O. NARAYANAN, PADINJATHRAYIL KARIPPADAM P.O., THALAYOLAPARAMBU, VAIKOM, KOTTAYAM DISTRICT686605.** - **11[2] STATION HOUSE OFFICER, PERUVANTHONAM POLICE STATION, PERUVANTHANAM P.O., IDUKKI- 685532.** - **12[2] EXCISE OFFICER, PEERUMEDU CIRCLE, PEERUMEDU P.O., (IDUKKI)685531.** - **13[2] EXECUTIVE ENGINEER, PWD ROADS DIVISION, IDUKKI- 685603.** - **14[3] USHA GOPINATH** **RAJAMANA, VALLIYANKAVU, IDUKKI- 685532.** 3 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 - **15[3] RADHA GANGADHARAN KANNATT, VALLIYANKAVU, IDUKKI- 685532.** - **16[3] ANEESH S. , RAJAMANAYIL, VALLIYANKAVU, IDUKKI-685532.** - **17[4] SUNIL KUMAR T.G., MANIKANTAVILASOM, RANNI P.O., PATHANAMTHITTA689 672.** - **18[5] THE DEPUTY DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM BOARD BUILDING,KUMBAZHA ROAD,PATHANAMTHITTA,PINCODE-689645** - **19[5] ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD,MUNDAKAYAM GROUP,MUNDAKKAYAM P.O,KOTTAYAM DISTRICT,PINCODE-686513.** - **20[6] SREEDHARAN AGED 65 YEARS** - **S/O.KANDAKOTHI,RESIDING AT THANNIMUTTIL KALUVARA,KUPPAKAYAM,MUNDAKAYAM PO,IDUKKI DISTRICT, PIN -686513.** - **21[6] RAJAMMA AGED 67 YEARS, D/O.KANDAKOTHI,RESIDING AT KANNATH,KOMBUKUTTI,KUPPAKAYAM.P.O,MUNDAKAYAM IDUKKI DITRICT,PIN 686513.** - **22[7] AMMINI.T.K. AGED 62 YEARS, D/O KANDANKOTHI, RESIDING AT THANNIMUTHIL, KUPPAKAYAM P.O., KOMBUKUTHY, PERUVANTHANAM, IDUKKI DISTRICT.** - **1.ADDITIONAL R10 IMPLEADED AS PER ORDER DATED 04/02/2022 IN IA 1/2022 IN WPC NO.3525/2022. 2. ADDL. R11 TO R13 ARE SUO MOTU IMPLEADED AS PER ORDER DATED 04.03.2022 IN WP(C) 3525/2022.** 4 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 **3. ADDITIONAL R14 TO R16 IMPLEADED AS PER ORDER DATED 19.05.2022 IN I.A.4/2022 IN WPC 3525/2022.** **4. IS SUO MOTU IMPLEADED AS ADDITIONAL R17 AS PER ORDER DATED 19.05.2022 IN WPC 3525/2022.** **5. ADDITIONAL R18 AND R19 SUO MOTU IMPLEADED AS PER ORDER DATED 03.06.2022 IN WP(C).3525/2022.** **6. ADDITIONAL R20 AND R21 ARE IMPLEADED AS PER ORDER DATED 24-06-2022 IN IA 7/2022 IN WP(C) 3525/2022.** **BY ADVS.** **R1 TO R4 BY S.RAJMOHAN, SR.GOVERNMENT PLEADER R5, R6, R7, R18, R19 BY SHRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD R8 BY JOSEPH KODIANTHARA (SR.)** **R8 BY V.ABRAHAM MARKOS** **R8 BY ABRAHAM JOSEPH MARKOS** **R8 BY ALEXANDER JOSEPH MARKOS R8 BY SHARAD JOSEPH KODANTHARA R8 BY ISAAC THOMAS R9 BY NIDHIN RAJ VETTIKKADAN R10 BY S.SUBHASH CHAND R10 BY S.JAYAKRISHNAN R14 BY K.S.ARUN KUMAR R14 BY RAJEE P MATHEWS R14 BY JUSTIN DAVID R14 BY AISWARYA E J VETTIKOMPIL R15 & R17 V.H.JASMINE R15 & R17 BY JESWIN P.VARGHESE R15 & R17 BY REETHU JACOB R16 C.A.NAVAS R16 BY T.K.SASIKUMAR R20, R21 & R22 BY V.N.SASIDHARAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 16.03.2023, ALONG WITH DBP.32/2022 AND CONNECTED CASES, THE COURT ON 28.03.2023 DELIVERED THE FOLLOWING:** 5 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 D.B.P. NO. 32 OF 2022 TRAVANMCORE DEVASWOM BOARD -VALLIYAMKAVU DEVI TEMPLE- SUO MOTU PROCEEDINGS INITIATED BASED ON A COMPLAINT** **PETITIONER:** ## **SUO MOTU** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM DEPARTMENT), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001.** - **2 THE DISTRICT COLLECTOR COLLECTORATE, IDUKKI – 685602.** - **3 THE VILLAGE OFFICER PERUVANTHANAM VILLAGE, IDUKKI – 685532.** - **4 THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM – 695003.** - **5 THE DEVASWOM COMMISSIONER NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM – 695003.** 6 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 - **6 THE ADMINISTRATIVE OFFICER VALLIYAMKAVU DEVI TEMPLE, PALOORKAVU P.O., PEERMEDU TALUK, PERUVANTHANAM VILLAGE, IDUKKI – 685532.** - **7 PERUVANTHANAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, PERUVANTHANAM, PERUVANTHANAM P.O., IDUKKI – 685532.** - **8 TRAVANCORE RUBBER AND TEA COMPANY PERUVANTHANAM VILLAGE, PERRMEDU TAUK, IDUKKI, REGISTERED OFFICE AT PATTOM PALACE P.O, THIRUVANANTHAPURAM – 695004, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.** - **9* STATION HOUSE OFFICER PERUVANTHANAM POLICE STATION, PERUVANTHANAM P.O, IDUKKI – 685532.** - **10* P.T.VISWANATHAN PERUMALIL, VALLIYAMKAVU-686 513** - **11* P.N.PRAMOD** - **PADINJARETHARAYIL, KARIPPADAM P.O., THALAYOLAPARAMBU, VAIKOM, KOTTAYAM-686605.** - **12* RADHA GANGADHARAN KANNATT, VALLIYAMKAVU, IDUKKI-685532** - **13** THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, MUNDAKAYAM GROUP, MUNDAKAYAM P.O., KOTTAYAM DISTRICT-686513** - **14** THE DEPUTY DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM BOARD BUILDING, KUMBAZHA ROAD, PATHANAMTHITTA, PIN- 689 645** ***ARE SUO MOTU IMPLADED AS ADDITIONAL RESPONDENTS 9 TO 12 VIDE ORDER DATED 27/06/2022** 7 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 **IN DBP.NO.32/2022** ****ARE SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENTS 13 AND 14 VIDE ORDER DATED 21/07/2022 IN DBP 32/2022** **BY ADVS.** **R1 TO R3 & R9 BY SRI.S RAJMOHAN, SR.GOVERNMENT PLEADER** **R4 TO R6, R13 & R14 BY** **SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD R7 BY NIDHIN RAJ VETTIKKADAN** **R8 BY ISAAC THOMAS** **R8 BY ABRAHAM JOSEPH MARKOS** **R8 BY ALEXANDER JOSEPH MARKOS** **R8 BY SHARAD JOSEPH KODANTHARA** **R10 BY N.ASHOK KUMAR** **R11 K.SUBASH CHAND** **R12 BY JESWIN P.VARGHESE** **R12 BY REETHU JACOB** **R12 BY V.H.JASMINE** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 16.03.2023, ALONG WITH WP(C).3525/2022, 6259/2022, THE COURT ON 28.03.2023 DELIVERED THE FOLLOWING:** 8 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **&** **THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR** **TUESDAY, THE 28[TH] DAY OF MARCH 2023 / 7TH CHAITHRA, 1945 W.P.(C) NO. 6259 OF 2022** ## **PETITIONER:** ## **RADHA GANGADHARAN** **AGED 69 YEARS W/O. K.K.GANGADHARAN, KANNATTU (KARIVARA) HOUSE, VALLIYANKAVU, PALOORKAVU, PERUVANTHANAM, IDUKKI DISTRICT.** **BY ADVS. C.A.NAVAS T.K.SASIKUMAR** ## **RESPONDENTS:** - **1 THE SECRETARY PERUVANTHANAM GRAMA PANCHAYATH, PANCHAYATH OFFICE, PERUVANTHANAM P.O., PEERUMEDU THALUK, IDUKKI DISTRICT, PIN-685 532.** - **2 THE PERUVANTHANAM GRAMA PANCHAYATH, PANCHAYATH OFFICE, PERUVANTHANAM P.O., PEERUMEDU THALUK, IDUKKI DISTRICT, PIN-685 532.** - **3 THE MANAGER, TRAVANCORE RUBBER & TEA COMPANY TD, KUPPAKKAYAM ESTATE, KUPPAKKAYAM.P.O., IDUKKI DISTRICT, PIN-686 3513.** 9 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **R1 & R2 BY ADV SHRI.NIDHIN RAJ VETTIKKADAN, SC, PERUVANTHANAM GRAMA PANCHAYAT** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL HEARING ON 16.03.2023, ALONG WITH DBP.32/2022 AND CONNECTED CASES, THE COURT ON 28.03.2023 DELIVERED THE FOLLOWING:** 10 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **JUDGMENT** ## P.G. Ajithkumar, J. W.P.(C) No.3525 of 2022:- The petitioner who claims to be a devotee of Valliyamkavu Devi Temple filed this Writ Petition alleging that the property of the Temple is trespassed upon by others, public roads leading to the Temple are not being freely accessible to the devotees, a Temple Advisory Committee in the Temple is not yet constituted and that unauthorised shops to sell pooja articles are being functioned in the vicinity of the Temple. The petitioner seeks the following reliefs,- - i) To issue a writ of mandamus directing respondents 1 to 7 to take further actions on Exts.P4 order and P5 judgment; - ii) To issue a writ of mandamus directing the 6[th] and 9th respondents to take actions on Exts.P6 and P7 respectively forthwith; - iii) To issue a writ of mandamus directing the 6[th] respondent to constitute Temple Advisory Committee in Valliyamkavu Devi Temple; - iv) To issue a writ of mandamus directing respondents 1 and 2 to properly maintain the 12 kilometers road 11 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 starts at Mile No.35 to Valliyamkavu through 8[th] respondent's estate to ply the vehicles; - v) To issue a writ of mandamus directing the respondents 1 to 4 to open the public road which is blocked with an iron gate at Thekkemala junction by the 8th respondent company to reach Valliyamkavu Devi Temple.” - 1.1 As per various orders of this Court, additional - respondents No.10 to 21 were impleaded. 1.2 On 04.03.2022, a report of the Secretary of the 9[th] respondent-Peruvanthanam Grama Panchayat, after a local inspection in terms of the direction of this Court, was placed on record, which is dated 22.02.2022. It was reported that there were four unauthorised shops, including that of the 10[th] respondent in front of the Valliyamkavu Devi Temple. There was also an allegation in the report that the 10[th] respondent as well as others were canvassing the devotees for ritual ‘kuruthi’ resulting in law and order issues in front of the Temple premises. It was pointed out that several crimes were registered in that regard at the Peruvanthanam Police Station. After hearing both sides, this Court passed the following order 12 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## on 04.03.2022:- “5. From Ext.R9(a) series of photographs, it is seen that the additional 10th respondent has exhibited name boards in front of his shop, in which it is written as follows; ‘angeekritha vazhipadu stall’, i.e., ‘authorised vazhipadu stall'. Admittedly, the 10th respondent is not a person who had auctioned the right to sell pooja items in Valliyamkavu Devi Temple. 6. In Ext.R10(c) judgment in **Suneesh K.S. v. Travancore Devaswom Board and others [2022 SCC OnLine Ker 611]** this Court held that, the traders, who are successful bidders of various kuthaka items in the temples under the management of Travancore Devaswom Board, shall not be permitted to exhibit in front of their stall either the name of Travancore Devaswom Board or the name of the deity or temple. They shall also not be permitted to exhibit their mobile number or telephone number in front of their stall. Similarly, no trader, who is conducting any stall outside the temple premises, after obtaining necessary licence from the concerned Municipality or Grama Panchayat, shall not be permitted to exhibit in front of their stall either the name of Travancore Devaswom Board or the name of the deity or temple. This Court also directed the concerned Assistant Devaswom Commissioner and the Administrative Officer to take necessary steps to 13 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ensure that no trader, who is the successful bidder of any kuthaka item in the temples under the management of Travancore Devaswom Board, is exhibiting in front of his stall either the name of Travancore Devaswom Board or the name of the deity or temple. In case, any trader, who is conducting stall outside the temple premises, after obtaining necessary licence from the concerned Municipality or Grama Panchayat, is exhibiting in front of his stall either the name of Travancore Devaswom Board or the name of the deity or temple, the concerned Assistant Devaswom Commissioner and the Administrative Officer shall bring it to the notice of the Secretary of the concerned Municipality or Grama Panchayat, as the case may be, and also the Station House Officer of the concerned Police Station. On receipt of any such complaint, the Secretary of the concerned Municipality or Grama Panchayat or the Station House Officer of the concerned Police Station shall take necessary action against such a trader, in accordance with law. The Secretary of the 1st respondent Travancore Devaswom Board was directed to issue a circular, within one month from the date of receipt of a certified copy of the judgment, requiring the concerned Assistant Devaswom Commissioner and the Administrative Officer to take necessary action, in terms of the directions contained in the judgment. 14 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 7. In **Suneesh K.S.** (supra), vide notice dated 08.09.2021 (Ext.P16) issued by the Secretary of Peruvanthanam Grama Panchayat, the 6th respondent in that writ petition was directed to remove a stall conducted in Ward No.9 of that Grama Panchayat, near Valliyamkavu Devi Temple, which was conducted without obtaining permission from the Grama Panchayat. Along with the reply affidavit, the writ petitioner has placed on record Ext.P20 series of photographs of the stall alleged to have been conducted by the 6th respondent, near Valliyamkavu Devi Temple, which was inaugurated during the year 2021-22. As per Ext.P20 series of photographs, the name of Travancore Devaswom Board and also the name of the temple, i.e., Valliyamkavu Devi Temple are exhibited in the name board of that stall alleged to have been conducted by the 6th respondent near Valliyamkavu Devi Temple and it is also written in the name board that, it is a Devaswom authorised pooja stall. 8. The learned counsel for the additional 10th respondent would submit that the said respondent shall forthwith remove the name boards exhibited in front of his shop in which it is written as follows; ‘angeekritha vazhipadu stall’.” 15 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 1.3 On 08.03.2022, this Court after taking into account the submissions made by the learned counsel appearing for the 10[th] respondent the objectionable name board of the shops were already removed and also the submission of the learned Senior Government Pleader passed the following order:- “The additional 11[th] respondent Station House Officer shall take necessary steps to ensure that additional 10th respondent or any other traders, who are conducting shops in front of Valliyankavu Devi Temple, are not causing any inconvenience to the devotees, by canvassing for the ritual 'Kuruthi'. Obstructions or inconveniences caused to the devotees on account of any such conduct on the part of the traders shall be dealt with appropriately by the additional 11[th] respondent, who shall take all necessary steps to maintain law and order in the locality. Similarly, the additional 12[th] respondent Excise Officer shall take stringent action against any trader, who is conducting any trade in violation of the Excise Laws.” 1.4 When this matter came up for consideration on 25.05.2023, we noticed that several crimes were registered from Peruvanthanam Police station in connection with the law 16 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 and order issues arising on account of the disputes between the traders, who were involved in the sales of pooja items, garlands, etc. near Valliyamkavu Devi Temple. Noticing occurrence of such objectionable activities in the vicinity of Valliyankavu Temple we had appointed Advocate C.S.Manilal as Advocate Commissioner. The Commissioner was directed to conduct a local inspection at 12.00 noon on 26.05.2023 and to submit a report before this Court along with a few photographs. The Commissioner accordingly conducted an inspection in the presence of all the persons concerned and submitted a report on 31.05.2022. The report is attached with Annexures C1 to C20. - 2. D.B.P.No.32 of 2022: While the report of the learned Commissioner appointed in W.P.(C) No.3525 of 2022 was under consideration, a complaint was received from the residents of Valliyamkavu in respect of the state of affairs in Valliyamkavu Devi Temple. There were allegations that certain persons in the locality were misleading the devotees and 17 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 causing inconvenience to them. The erection of an unauthorised board on the public road depicting Valliyamkavu Devi Temple Parking by some private individuals was also pointed out. Considering those matters, this Court directed the Registry to initiate a suo motu proceedings based on the said complaint. Accordingly, D.B.P.No.32 of 2022 was initiated. Respondent Nos. 9 to 14 were additionally impleaded subsequently. 3. W.P.(C) No.6259 of 2022:The petitioner claims that she has been conducting a shop for selling pooja articles and other items for those coming to Valliyamkavu Devi Temple. Her shop is in 6.88 Ares of property left with her family after his grandfather, Sri. Kandankonthi surrendered 1.25 Acres of land and the Temple thereon to the Travancore Devaswom Board. The name of her shop is Valliyamkavu Pooja Shop and it has been there for more than 45 years. She is a senior citizen and her husband is ailing. His daughter is a disabled person. The income she has been deriving from that 18 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 business is her sole source of livelihood. Alleging that the 2[nd] respondent Peruvanthanam Grama Panchayat has issued Ext.P7 notice directing her to remove the shop describing it as an unauthorised construction, she has filed this Writ Petition seeking a writ of certiorari quashing Ext.P7 notice issued by respondent Nos.1 and 2. She also sought to issue a writ of mandamus commanding respondents No.1 and 2 not to take any coercive action pursuant to Ext.P7 notice. An order directing respondents No.1 and 2 not to interfere with the functioning of the Pooja stall is also sought. 4. There were two other similar Writ Petitions, namely, W.P.(C) Nos.19282 of 2021 and 21054 of 2021, which were filed by two other persons conducting shops near the Valliyamkavu Devi Temple. Those two Writ Petitions were disposed of by this Court as per a common judgment dated 11.10.2022 observing that it is for the Panchayat to take appropriate decision on the notices/provisional orders issued to the petitioners therein in accordance with provisions of law 19 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 after giving the respective petitioners a reasonable opportunity of being heard. 5. The D.B.P. as well W.P.(C) No.3525 of 2022 were considered together on 27.06.2022. The counter-affidavits filed by respondent Nos.7, 9 and 10 in W.P.(C) No.3525 of 2022 were also considered. After hearing the learned counsel appearing for the petitioner in the Writ Petition, the learned Senior Government Pleader, the learned Standing Counsel for the Travancore Devaswom Board, the learned Standing Counsel for Peruvanthanam Grama Panchayat and the learned counsel appearing for the party respondents, this Court passed a detailed order on 27.06.2022, _inter alia_ , directing the Devaswom Board to commence a Devaswom pooja stall in the property belonging to Valliyamkavu Devi Temple, on the northern side of the steps leading to the Temple. Relevant portion of the said order reads as follows: “7. Today, when this DBP is taken up for consideration along with W.P.(C)No.3525 of 2022 and connected matters, it is pointed out by the learned 20 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 Advocate Commissioner, with reference to Annexure C sketch that the additional 10th respondent in this DBP, Sri.Viswanathan, who is conducting a lodge, tea stall and pooja stall, which are marked as hotel and stall No.6 in Annexure C sketch, is soliciting the devotees to his hotel through the culvert constructed on the Thodu on the side of the Valliyamkavu-Thekkemala Road. Pooja items other than those normally used in Valliyamkavu Devi Temple are being sold to the devotees, at exorbitant rates. Additional 11[th] respondent in this DBP, Sri.P.N. Pramod, is actually conducting the pooja stall with the licence issued to Sri.Viswanathan. 13. Along with the report filed by the learned Advocate Commissioner, Annexure C16 letter dated 31.08.2021 of the Inspector of Police, Pervuvanthanam Police Station, addressed to the Secretary of the Grama panchayath is placed on record, pointing out the law and order issues at Valliyamkavu Temple, due to the conduct of the stalls by Sri.Pramod and Sri.Sunil Kumar. The document marked as Annexure C19 along with the report of the learned Advocate Commissioner is a preliminary order issued by the Sub Divisional Magistrate, Idukki, under Section 111 of the Criminal Procedure Code, 1973 against the said Pramod. Annexure C20 is another communication dated 21 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 25.04.2022 of the Station House Officer, addressed to the Secretary, Peruvanthanam Grama Panchayat, on the law and order issues on account of the sale of pooja items, near Valliyamkavu Devi Temple. 14. In **Suneesh K.S v. Travancore Devaswom Board and others [ILR 2022 (1) Kerala 1091]** , this Court was dealing with a writ petition filed by the successful bidder for the year 2021-22, for sale of pooja items and flower garlands in Valliyamkavu Devi Temple. In the said decision, this Court held that, if, as a matter of fact, Sri.Sunilkumar T.G., the 6[th] respondent therein (who is arrayed as the additional 17[th] respondent in W.P.(C)No.3525 of 2022), is conducting any shop outside the premises of Valliyamkavu Devi Temple, without obtaining necessary licence from Peruvanthanam Grama Panchayat, it is for the Secretary of Peruvanthanam Grama Panchayat to take appropriate action against him, in accordance with law. By that judgment, Registrar (Judicial) of this Court was directed to send a copy of the judgment to the Secretary of Peruvanthanam Grama Panchayat in his official e-mail id, for taking necessary action against Sri.Sunilkumar, in accordance with law, in case he is conducting any shop outside the temple premises without obtaining necessary licence from the Grama Panchayat. 22 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 18. In **Suneesh K.S.** , this Court held that, no person with criminal antecedents or persons who have not obtained Police Clearance Certificate shall be permitted in any stall in the premises of the temples under the management of the Travancore Devaswom Board. The concerned Assistant Devaswom Commissioner and the Administrative Officer shall take stern action against the bidders of kuthaka items, who have not obtained Police Clearance Certificate, or who are employing persons without Police Clearance Certificate in their stalls in temple premises. The Secretary of the Travancore Devaswom Board shall issue a circular, within one month from the date of receipt of a certified copy of that judgment, requiring the concerned Assistant Devaswom Commissioner and the Administrative Officer to take stern action against those bidders who are violating the aforesaid condition. In paragraph 71 of that judgment, this Court directed the Deputy Devaswom Commissioner and the Assistant Devaswom Commissioner to make alternative arrangements for the sale of pooja items and flower garlands in the premises of Valliyamkavu Devi Temple, for the period till 31.04.2022, in accordance with law. 23. In the above circumstances, we deem it appropriate to direct the 6th respondent Administrative Officer in DBP No.32 of 2022 to take immediate steps 23 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 to open Devaswom pooja stalls in the Devaswom land on the northern side of the steps leading to Valliyamkavu Devi Temple, within a period of one week. The name of pooja items as per Paditharam, which can be offered by the devotees in Valliyamkavu Devi Temple, shall be exhibited in front of the Devaswom stall, along with the rate of each item. Any unauthorised sale of pooja items and flower garlands shall be brought to the notice of the Secretary of the 7[th] respondent Grama Panchayat and also the additional 9[th] respondent Station House Officer, by the 6th respondent Administrative Officer, in which event the Secretary of the Grama Panchayat and also the Station House Officer shall take necessary action in accordance with the directions contained in the judgment of this Court in **Suneesh K.S. [ILR 2022 (1) Ker.1091]** . Stern action shall be taken against the traders, who are misleading the devotees, using the name of the temple or the deity.” 6. In terms of the said direction, the Travancore Devaswom Board opened a pooja stall and an affidavit in that regard was submitted by respondents No.18 and 19. 7. On 04.07.2022, the learned Standing Counsel for the Travancore Devaswom Board brought to our notice the 24 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 photograph of the board unauthorisedly erected on the side of Valliyamkavu-Thekkemala road inscribing, “Valliyamkavu Devi Temple Parking”. Therefore, the Station House Officer, Peruvanthanam Police Station was directed to take necessary steps to remove the unauthorised board and to take necessary action against the person responsible for erecting such a board. That direction was duly complied with. 8. We considered the D.B.P., as well as the Writ Petitions, together and proceed to dispose of by this common Judgement/order. Heard the learned counsel appearing for the petitioners in the respective Writ Petitions, the learned Senior Government Pleader, the learned Standing Counsel for Travancore Devaswom Board, the learned Standing Counsel for Peruvanthanam Grama Panchayat and the learned counsel of the respective party respondents. 9. Grievance of the petitioner in W.P.(C) No.3525 of 2022 with regard to the roads along which devotees can reach the Valliyamkavu Devi Temple is that the directions contained 25 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 in Exts.P4 order are not yet complied with by respondent Nos.1 to 7. In the aforesaid aspect, among other things, the petitioner submitted Exts.P6 and P7 representations to the Commissioner of Travancore Devaswom Board and the Secretary of Peruvanthanam Grama Panchayat respectively. But no action has been taken. 10. Ext.P4 is the order of this Court in D.B.P.No.155 of 2014 dated 02.12.2015. The question considered therein was regarding ingress and egress from Valliyamkavu Devi Temple along 12 kilometers long road that starts from 35th Mile. The allegation was that the Travancore Rubber and Tea Company, respondent No.8 in W.P.(C) No.3525 of 2022 as well as in D.B.P.No.32 of 2022 was causing obstruction in the road. It is further alleged that the road is not being maintained properly by the appropriate authorities. This Court by maintaining the interim order by which the Travancore Rubber and Tea Company Ltd. was precluded from preventing the ingress to and egress from the Temple through that road, had disposed 26 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 of that D.B.P. as per Ext.P4 order. 11. Ext.P5 is a copy of the judgment in W.P.(C) No.26230 of 2015. In that, the allegation was that the 8th respondent-Travancore Rubber and Tea Company herein trespassed on Government land and the Government was not taking steps for the resumption of the said land. The learned Special Government Pleader submitted that appropriate action in accordance with the law had been initiated in that matter. Recording the said submission and directing that it was for the Government or other statutory authority to take action against any person in occupation of the Government land, that Writ Petition was closed. 12. Respondent No.8, Travancore rubber and tea company reiterated the same stand in its counter affidavit dated 14.02.2022. Of course, regarding the allegation that another road, having a length of 2 kilometers starting from Thekkemalanad reaches the Temple was closed down by erecting iron gate, respondent No.8 contended that at no 27 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 point of time, that road was thrown open for the use of the public. It is contended that the said road is exclusively along their estate and is under lock and key. The contention of the petitioner is that the said road belongs to the Government and the Panchayat is obliged to maintain it. The petitioner did not produce any material to show that that road vests with the Government or the Panchayat. In the light of the said rival contentions the said issue remains a disputed question of fact, which cannot be decided in this writ petition. 13. In such circumstances, we are of the view that there cannot be any direction with respect to either of the said roads. We, however, reiterate that respondent No.8, Travancore Rubber and Tea Company shall not cause any obstruction to the usage of the 12-kilometer road from Mile No. 35 to Valliyamkavu Devi Temple by the devotees for their ingress to and egress from the Temple. 14. In W.P.(C) No.3525 of 2022 and D.B.P.No.32 of 2022 the main issue is that the Kadavu near the Temple was 28 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 trespassed upon, and a few unauthorised shops exhibiting boards in such a way as to deceive and defraud the devotees coming to the Temple, were being functioned. From the counter affidavit filed by the Peruvanthanam Grama Panchayat and also the commission report obtained in W.P.(C) No.3525 of 2022 functioning of such shops was brought to our notice. This Court issued various directions by passing detailed orders mentioned hereinbefore to the Station House Officer, Peruvanthanam, the Secretary, Peruvanthanam Grama Panchayat, and also the Excise Inspector, Peruvanthanam to ensure that no unauthorised shops are functioning in the vicinity of the Temple. In terms of such directions, necessary action was initiated and all the unauthorised shops functioning there were removed or closed down. 15. As regards the shop of additional respondent No.10 in W.P.(C) No.3525 of 2022 and erection of an unauthorised board using the name of Valliyamkavu Devi Temple in such a way as to mislead the devotees, necessary steps were taken 29 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 and the board was removed. In consideration of the situation prevailing in the area, the Travancore Devaswom Board was directed to open a Devaswom pooja stall, which was opened and has been functioning now. 16. In the light of the above facts, we are of the view that the grievance of the petitioner in W.P.(C) No.3525 of 2022 as regards the trespass upon the Temple Kadavu and the conduct of unauthorised shops near the Temple is redressed. Similarly, the purpose for which D.B.P.No.32 of 2022 was initiated, namely, disturbance to the peaceful atmosphere in and near Valliyamkavu Devi Temple on account of disputes among the traders there has also been curbed. 17. What remains in W.P.(C) No.3525 of 2022 is regarding the constitution of the Temple Advisory Committee in Valliyamkavu Devi Temple. The stand taken by the Devaswom Board is that considering the geographical disadvantages more devotees from the local area, who frequented the Temple are less, and therefore constitution of 30 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 a Temple Advisory Committee is not practical. We do not propose to consider that matter taking into account the said submission of the learned Standing Counsel for the Travancore Devaswom Board. We leave that question open. It is for the Travancore Devaswom Board to take an appropriate decision in the matter. The parties concerned can take up the matter in case the grievance in that regard persists. 18. The petitioner in W.P.(C) No.6259 of 2022 is aggrieved of Ext.P7 notice produced therein. Ext.P7 was issued by the Peruvanthanam Grama Panchayat asking the petitioner to stop the unauthorised business being conducted by the petitioner near Valliyamkavu Temple or to show cause. The petitioner was conducting the business on her own family property. Earlier, two similar Writ Petitions, namely, W.P.(C) No.19282 of 2021 and 21054 of 2021 were disposed of as per the common judgment dated 11.10.2022 observing that it is for the Panchayat to take appropriate decision on the notices/provisional orders issued to the petitioners therein in 31 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 accordance with provisions of law after giving the respective petitioners a reasonable opportunity of being heard. We find no reason to take a different view in this Writ Petition as well. ## 19. Accordingly,- - 1) W.P.(C) No.3525 of 2022 and D.B.P.No.32 of 2022 are disposed of by directing that,- - (a) If any obstruction or inconvenience is caused to the devotees on account of any conduct on the part of the traders conducting shops in front or near the Valliyamkavu Devi Temple, the same shall be dealt with appropriately by the Station House Officer, Peruvanthanam Police Station. He shall take all necessary steps to maintain law and order in the locality. Similarly, the Excise Officer, Peerumedu Circle, Idukki shall take stringent action against any trader, who is conducting any trade in the locality in violation of the Excise Laws; - (b) If there occur any unauthorised sale of pooja items and flower garlands in front of or near the Valliyamkavu Devi Temple, the Administrative Officer shall bring to the notice of the Secretary of the Peruvanthanam Grama Panchayat and also the Station House Officer, Peruvanthanam Police Station in which event the Secretary of the Grama Panchayat and also the Station House Officer shall take necessary action in accordance with the directions 32 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 contained in the judgment of this Court in **Suneesh K.S v.** ## **Travancore Devaswom Board and others [ILR 2022** **(1) Kerala 1091]** . Stern action shall be taken against the traders, who are misleading the devotees, using the name of Valliyamkavu Devi Temple or the deity; and - (c) The Station House Officer, Peruvanthanam Police Station shall ensure that no breach of peace or law occurs near or in the vicinity of Valliyamkavu Devi Temple. - 2) W.P.(C) No.6259 of 2022 is dismissed. It is for the Panchayat to take appropriate decision on Ext.P7 notice issued to the petitioner in accordance with the provisions of law after giving a reasonable opportunity of being heard to the petitioner. ## **Sd/-** ## **ANIL K. NARENDRAN, JUDGE** **Sd/P.G. AJITHKUMAR, JUDGE** dkr 33 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **APPENDIX OF WP(C) 3525/2022** ## **PETITIONER EXHIBITS** **EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE REPORT OF INSPECTOR GENERAL OF POLICE AND THE CHIEF INVESTIGATION OFFICER, KERALA STATE HUMAN RIGHTS COMMISSION DATED 23-04-2015** - **EXHIBIT P2 TRUE COPY OF THE ORDER DATED 04-062015 OF THE HON'BLE KERALA STATE HUMAN RIGHTS COMMISSION** **EXHIBIT P3** - **TRUE COPY OF THE REPORT NO. 177 OF 2014 OF HON'BLE OMBUDSMAN FOR TRAVANCORE COCHIN DEVASWOM BOARDS** - **EXHIBIT P4 TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN DBP NO 155 OF 2014 DATED 2-12-2016** - **EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P(C0 NO. 26230 OF 2015 DATED 2-12-2015** - **EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 11-01-2022 BEFORE THE 6TH RESPONDENT DEVASWOM COMMISSIONER.** **EXHIBIT P7 TRUE COPY OF THE PETITION DATED 0311-2020 BEFORE THE 9TH RESPONDENT PANCHAYATH** **EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 09-10-2013 UNDER RIGHT TO INFORMATION ACT SUBMITTED BY THE PETITIONER BEFORE THE PUBLIC INFORMATION OFFICER, PERUVANTHANAM GRAMA PANCHAYATH** 34 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 **EXHIBIT P9** **TRUE COPY OF THE REPLY SENT BY 9TH RESPONDENT PANCHAYATH TO EXHIBIT P8 DATED 08-11-2013** **EXHIBIT P10** **TRUE COPY OF THE ORDER IN W.P.(C) NO.30012 OF 2021 DATED 22.12.2021.** **RESPONDENT EXHIBITS** - **EXHIBIT R10(A)** - **TRUE COPY OF AGREEMENT DATED 03.12.2012 EXECUTED BETWEEN THE 10TH RESPONDENT AND THE 8TH RESPONDENT** **EXHIBIT R10(B)** - **TRUE COPY OF THE PHOTOGRAPH OF THE SHOP CONDUCTED BY SRI. SUNILKUMAR IN FRONT OF VALLIYAMKAVU TEMPLE** **EXHIBIT R10(C)** - **TRUE COPY OF JUDGMENT DATED 01.02.2022 IN W.P.(C) NO.19896/2021 OF THIS HON'BLE COURT.** - **EXHIBIT R10(D)** - **TRUE COPY OF REQUEST DATED 07.10.2020 SUBMITTED BY THE 10TH RESPONDENT BEFORE THE 8TH RESPONDENT.** **EXHIBIT R10(E)** - **TRUE COPY OF NOTICE NO.K/A12/741/2021-22 DATED 30.08.2021 ISSUED BY THE 8TH RESPONDENT TO THE 10TH RESPONDENT.** - **EXHIBIT R10(F) TRUE COPY OF F.I.R. DATED 14.12.2020 REGISTERED AGAINST PETITIONER BY THE PERUVANTHANAM POLICE.** **EXHIBIT R10(G)** - **TRUE COPY OF NOTICE NO. J.C2/2115/21 DATED 08.09.2021 ISSUED BY THE 9TH RESPONDENT TO THE 10TH RESPONDENT.** **EXHIBIT R10(H)** **TRUE COPY OF NOTICE NO. J.C2/2115/21 DATED 08.09.2021 ISSUED BY THE 9TH RESPONDENT TO ONE ANEESH S., S/O.** 35 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **SIVAN, RAJAMANAYIL, KUPPAKAYAM** **EXHIBIT R10(I)** **TRUE COPY OF NOTICE NO. J.C2/2115/21 DATED 08.09.2021 ISSUED BY THE 9TH RESPONDENT TO SMT. USHA GOPIDAS, W/O. GOPIDAS, RAJAMANAYIL, VALLIYAMKAVU P.O.** **EXHIBIT R10(J)** **TRUE COPY OF THE PHOTOGRAPH OF THE ADDITIONAL 10TH RESPONDENT'S SHOP** **EXHIBIT R10(K)** **TRUE COPY OF THE PHOTOGRAPH OF THE SHOP CONDUCTED BY THE PETITIONER'S WIFE SMT. KOCHURANNI IN FRONT OF VALLIYAMKAVU TEMPLE.** **EXHIBIT R10(I)** **TRUE COPY OF THE PHOTOGRAPH OF THE STALL FOR SELLING VAZHIPAADU ITEMS IN FRONT OF VALLIYAMKAVU TEMPLE.** **EXHIBIT R10(M)** **TRUE COPY OF THE PHOTOGRAPH OF THE STALL FOR SELLING VAZHIPAADU ITEMS IN FRONT OF VALLIYAMKAVU TEMPLE.** **EXHIBIT R8(A)** **TRUE COPY OF THE JUDGMENT DATED 28.01.2016 OF THIS HON'BLE COURT IN W.P.(C) NO.19214/2015.** **EXHIBIT R8(B)** **TRUE COPY OF THE JUDGEMENT DATED 07.11.2018 OF THIS HON'BLE COURT IN W.P.(C) NO. 26798/2016.** **EXHIBIT R9(A) PHOTOGRAPHS OF THE PERUVANTHANAM - VALLIYANKAVU ROAD.** **EXHIBIT R9(B) TRUE COPY OF THE INTERIM ORDER DATED 01.10.2021 IN WP(C) NO.19282/2021** **EXHIBIT R19 A** **TRUE COPY OF THE PROCEEDINGS OF THE BOARD DATED 13.05.2022.** 36 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 **EXHIBIT R18 A** **TRUE COPY OF THE PROCEEDINGS OF THE BOARD DATED 13.05.2022.** **EXHIBIT R6(A)** **TRUE COPY OF THE PROCEEDINGS OF THE BOARD DATED 13.05.2022.** **EXHIBIT R6(B)** **TRUE COPY OF THE CIRCULAR DATED 08.06.2022.** **EXHIBIT R7(A)** **TRUE COPY OF THE PROCEEDINGS OF THE BOARD DATED 13.05.2022.** **EXHIBIT R15(1)** **TRUE COPY OF THE APPLICATION SUBMITTED BY THE 15TH RESPONDENT BEFORE THE 9TH RESPONDENT AND TYPED COPY THE SAME DATED 29.06.2015.** **EXHIBIT R15(2)** **TRUE COPY OF THE LETTER ISSUED BY THE 9TH RESPONDENT TO THE 15TH RESPONDENT AND TYPED COPY OF THE SAME WITH NO.400576/RPTLO3/GENERAL /2021/2125 DATED 01.09.2021.** **EXHIBIT R15(3)** **THE TRUE COPY OF THE LETTER DATED 12.02.2022 ISSUED BY THE MEMBER OF LEGISLATIVE ASSEMBLY, PEERMEDU TO THE 9TH RESPONDENT.** - **EXHIBIT R15(4)** **THE PHOTOGRAPH OF THE STALL** - **EXHIBIT R15(4) (A) THE PHOTOGRAPH OF THE STALL** **EXHIBIT R18(A)** **TRUE COPY OF THE PROCEEDINGS OF THE BOARD DATED 13.05.2022** ## **EXHIBIT R19(A)** **TRUE COPY OF THE PROCEEDINGS OF THE BOARD DATED 13.05.2022.** ## **ANNEXURE C** **ANNEXURE C:- TRUE COPY OF THE ROUGH SKETCH OF LOCATION INSPECTED BY THE COMMISSIONER.** 37 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **ANNEXURE C1** **TRUE COPY OF THE TAX RECEIPT DATED 19.05.2015 ISSUED FROM PERUVANTHANAM VILLAGE** **ANNEXURE C2 TRUE COPY OF THE ORDER DATED 30.12.2021 IN COMPLAINT NO.386/2021 PASSED BY OMBUDSMAN, LSGD** **ANNEXURE C3 TRUE COPY OF THE NOTICE DATED 10.02.2022 OF THE PERUVANTHANAM GRAMA PANCHAYATH** **ANNEXURE C4 TRUE COPY OF THE APPLICATION FOR LICENSE DATED 04.04.2022 TO THE PERUVANTHANAM GRAMA PANCHAYATH** - **ANNEXURE C5 TRUE COPY OF THE LETTER OF THE PERUVANTHANAM GRAMA PANCHAYATH DATED 07.04.2022.** **ANNEXURE C6 TRUE COPY OF THE APPLICATION FOR LICENSE DATED 08.09.2021 SUBMITTED BY THE 17TH RESPONDENT.** **ANNEXURE C7 TRUE COPY OF THE REJECTION LETTER DATED 09.09.2021 ISSUED BY THE PANCHAYATH** **ANNEXURE C8 TRUE COPY OF THE NOTICE ISSUED BY THE PANCHAYATH DATED 10.02.2022 TO SRI. PRAMOD** - **ANNEXURE C9 TRUE COPY OF THE LICENSE DATED 04.05.2022 ISSUED IN FAVOUR OF VISWANATHAN** **ANNEXURE C10** **TRUE COPY OF THE LICENSE DATED 05.05.2022 ISSUED IN FAVOUR OF VISWANATHAN** 38 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **ANNEXURE C11** **TRUE COPY OF THE PAMPHLET DISTRIBUTED TO THE DEVOTEES BY SRI. PRAMOD** **ANNEXURE C12** **TRUE COPY OF THE CARD DISTRIBUTED TO THE DEVOTEES BY SRI. PRAMOD** **ANNEXURE C13** **TRUE COPY OF THE CARD DISTRIBUTED TO THE DEVOTEES BY SRI. PRAMOD** **ANNEXURE C14 TRUE COPY OF THE CARD SAID TO HAVE BEEN DISTRIBUTED TO THE DEVOTEES BY SRI. PRAMOD** **ANNEXURE C14(A) TRUE COPY OF THE C.D.PRODUCED BY THE ADDITIONAL 17TH RESPONDENT, SHOWING THE FACT THAT THE ADDITIONAL 10TH RESPONDENT IS SEEN INDULGED IN CANVASSING DEVOTEES IN REDDISH ATTIRE.** ## **ANNEXURE C15** **ANNEXURE C16** **ANNEXURE C17** **TRUE COPY OF THE LIST OF DETAILS FURNISHED TO THE ADVOCATE COMMISSIONER BY THE S.H.O. PERUVANTHANAM. TRUE COPY OF THE LETTER DATED 31.08.2021 BY THE S.H.O. PERUVANTHANAM POLICE STATION. TRUE COPY OF THE REPORT DATED 08.09.2021.** **ANNEXURE C18** **TRUE COPY OF THE LETTER DATED 14.10.2021 OF THE SHO** **ANNEXURE C19 TRUE COPY OF THE PRELIMINARY ORDER DATED 02.03.2022 IN M.C.NO.47/2022 ANNEXURE C20 TRUE COPY OF THE LETTER DATED 25.04.2022 OF THE SHO** 39 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **APPENDIX OF DBP 32 OF 2022** ## **PETITIONER EXHIBITS** - **ANNEXURE R10(A) TRUE COPY OF EX-SERVICEMEN IDENTITY CARD DATED 26.02.2019 ISSUED BY ZILA SAINIK WELFARE OFFICER TO THE ADDITIONAL 10TH RESPONDENT.** - **ANNEXURE R10(B) TRUE COPY OF SALE DEED O.1102 OF 2003 OF SRO PERRUMADE** - **ANNEXURE R10(C) TRUE COPY OF LAND TAX RECEIPT DATED 04.04.2022 ISSUED BY THE SECRETARY, PERUVANTHANAM GRAMA PCNAHAYAT.** - **ANNEXURE R10(D) TRUE COPY OF BUILDING PERMIT DATED 22.05.2018 ISSUED BY THE SECRETARY, PERUVANTHANAM GRAMA PCNAHAYAT.** - **ANNEXURE R10(E) TRUE COPY OF OWNERSHIP CERTIFICATE DATED 13.01.2021 ISSUED BY THE SECRETARY, PERUVANTHANAM GRAMA PCNAHAYAT.** - **ANNEXURE R10(F) TRUE COPY OF LICENSE DATED 04.05.2022 ISSUED BY THE SECRETARY, PERUVANTHANAM GRAMA PCNAHAYAT.** - **ANNEXURE R10(G) TRUE COPY OF LICENSE DATED 05.05.2022 ISSUED BY THE SECRETARY, PERUVANTHANAM GRAMA PCNAHAYAT.** 40 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 ## **APPENDIX OF WP(C) 6259/2022** ## **RESPONDENT EXHIBITS** - **EXHIBIT P1 TRUE COPY OF THE DISABILITY CERTIFICATE NO.672108 DATED 20.10.2010 ISSUED BY THE MEDICAL BOARD** - **EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT DATED 01.09.2021 ISSUED BY VILLAGE OFFICER, PERUVANTHANAM** - **EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPH OF THE VALLIYANKAVU POOJA STALL** - **EXHIBIT P4 TRUE COPY OF THE RELEVANT PAGES OF RATION CARD NO.1631045919** - **EXHIBIT P5 TRUE COPY OF CERTIFICATE NO.A5-1046/17 DATED 07.03.2017 ISSUED BY THE PERUVANTHANAM GRAMA PANCHAYATH** - **EXHIBIT P6 TRUE COPY OF THE PHOTOGRAPH OF BUILDING NUMBER AFFIXTURE OF THE PERUVANTHANAM GRAMA PANCHAYATH** - **EXHIBIT P7 TRUE COPY OF THE NOTICE NO.J.C 2/2115/21 DATED 10.02.2022 ISSUED BY PERUVANTHANAM GRAMA PANCHAYATH** **EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 29.06.2015** **EXHIBIT P8A HANDWRITTEN COPY OF EXHIBIT P8 EXHIBIT P9 TRUE COPY OF THE LETTER NO.400576/RPTL03/GENERAL/2021/2125 DATED 01.09.2021 EXHIBIT P9A TYPED COPY OF EXHIBIT P9** 41 W.P.(C) No.3525 of 2022, D.B.P.No.32 of 2022 and W.P.(C) No.6259 of 2022 **EXHIBIT P10** **TRUE COPY OF THE REPRESENTATION DATED 12.02.2022** **EXHIBIT P11** **TRUE COPY OF THE LETTER DATED 12.02.2022 ISSUED BY THE PEERUMED MLA** **EXHIBIT P12** **TRUE COPY OF THE INTERIM ORDER DATED 10.01.2022 IN WPC NO.21054/2021 OF THIS HONOURABLE COURT** ## **RESPONDENT EXHIBITS** **EXHIBIT R1(A) TRUE COPY OF THE LETTER DATED 31/08/2021 SENT BY THE INSPECTOR OF POLICE, PERUVANTHARAM POLICE STATION** **PETITIONER EXHIBITS** **EXHIBIT R1(B)** **TRUE COPY OF THE REPORT DATED 10/03/2022 BY THE STATION HOUSE OFFICER, PERUVANTHANAM REGARDING LAW AND ISSUE BETWEEN THE OCCUPANT OF THE UNAUTHORISED CONSTRUCTION IN FRONT OF THE VALLIYANKAVU DEVI TEMPLE** **EXHIBIT R1(C)** **TRUE COPY OF THE ORDER DATED 30/12/2021 IN PETITION NO. 386/2021 BY THE LSG OMBUDSMAN** **EXHIBIT R1(D)** **TRUE COPY OF THE RELEVANT PAGES OF THE JUDGMENT IN W.P(C) 19896/2021 DATED 01/02/2022** **EXHIBIT R1(E)** **TRUE COPY OF THE INTERIM ORDER DATED 04/03/2022 IN W.P(C) 3525/2022**