Important points:
For setting up of the office of the Additional District Magistrate prime locations in the building held by the petitioner alone is sufficient. The Travancore Devaswom Board being at the helm of affairs of the management of the temple and allied functions, their primacy cannot be overlooked. It was informed in advance that during the festival season, the meetings of the Board are held in the guest house. They have also offered three rooms in the adjacent hotel complex which are convenient enough for setting up the office of the Additional District Magistrate.

JUDGMENT :

K. HARIPAL, J.

1. The Travancore Devaswom Board, hereinafter referred to as the Board, owns an Administrative Office Complex cum Guest House near to the Nilakkal Devaswom and its Administrative office is functioning in the building. According to the petitioner, there are three rooms in the building, during the pilgrimage season that office complex is required for coordinating its various activities; during the season, urgent Board meetings are also held in the building and the guest house is very much necessary for the Board for its essential activities. While so on 17.09.2020, the second respondent, the District Collector and Chairman of the District Disaster Management Authority addressed the Commissioner of the Board requesting to handover the Administrative Office Complex for the functioning of the office of the Additional District Magistrate, Sabarimala. The matter was duly reported to the Board. The Board considered the request and found that the Administrative Office Complex is required for its activities during the festival season, that urgent Board meetings are also being convened in the office complex, so that it has difficulties in handing over the office complex during the season. However, the Board decided to give three rooms with all arrangements in its hotel complex, adjacent to the guest house, for functioning of the office of the Additional District Magistrate. That matter was duly conveyed to the second respondent through the Ext.P4 letter dated 29.09.2020. But disregarding the same, by invoking Section 34(j) of the Disaster Management Act, 2005, by Ext.P5 letter, the second respondent took over possession of the building and that prompted the petitioner to approach this Court under Article 226 of the Constitution seeking the following reliefs:-

“(i) issue a writ of certiorari or any other appropriate writ, order or direction, calling for the records leading to Ext.P5 and quash the same.

(ii) issue any other appropriate writ, order or direction, declaring that Ext.P5 is issued misusing and in violation of the provisions of the Disaster Management Act, 2005 without there being any threatening disaster situation.

(iii) issue any other appropriate writ, order or direction, directing the second respondent to surrender the Administrative Office cum Guest House building, taken possession as per Ext.P5, back to the Travancore Devaswom Board and to accommodate the office of the Additional District Magistrate, Sabarimala in the hotel complex of Devaswom Board situated adjacent to the Devaswom Office Complex.”

2. We heard Sri. G. Biju, the learned Standing Counsel for the petitioner and also Sri. T.K. Anandakrishnan, the learned Senior Government Pleader for the respondents.

3. The learned Standing Counsel has submitted that the Board has offered three rooms in the adjacent hotel complex in the ownership of the Board, which can conveniently be used for the purpose of functioning the office of the Additional District Magistrate; still the insistence of occupying the Administrative Office cum guest house itself is not understandable. According to the learned Senior Government Pleader, out of the three rooms in the guest house, the main room has already been given to the Devaswom Board for its activities.

4. The administrative office cum guest house was taken over by the 2nd respondent invoking the powers under Section 34(j) of the Disaster Management Act. The object of enacting the Disaster Management Act, 2005 is for prevention and mitigation effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation. It is an institutional mechanism for drawing up and monitoring the implementation of the disaster management plans, ensuring measures by various wings of Government, for prevention and mitigating effects of disasters and for undertaking coordinated action. Thus authorities have been set up at various levels, National, State and District, besides local authorities. Sect