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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, P.G. AJITHKUMAR, JJ.
Travancore Devaswom Board Represented By Its Secretary, Devaswom - Appellant
Versus
Union Of India Represented By Its Secretary – Respondents
W.P.(C) No.14347, 17244, 14183 of 2021
Decided on : 29-08-2022
Constitution of India, 1950 - Article 226 - National Highways Act, 1956 - Section 3A, 3A(1), 3C, 3D, 6, 9 - Specific Relief Act - Section 41(ha) - Ancient Monuments and Archaeological Sites and Remains Act, 1958 - Section 2 (a) – Travancore-Cochin Hindu Religious Institutions Act - Power of High court to issue writs - Central Government to make rules in respect of matters provided therein for carrying out the purposes of Act - Whether any interference is warranted on order of 4th respondent Special Deputy Collector and Competent Authority which is also under challenge in connected writ petitions invoking the extraordinary jurisdiction of this Court under Article 226 of Constitution of India - NHAI prepares and implements projects relating to development and maintenance of highways after a thorough study by experts in different fields. Detailed project reports are prepared, keeping in view the relative factors including the intensity of heavy vehicular traffic and larger public interest (Para 80).
Finding of the Court :
Court find that objections raised by Travancore Devaswom Board and also petitioners in W.P(C) regarding alignment of Attingal Bypass requires reconsideration by a competent officer nominated by Secretary, Ministry of Road Transport and Highways, who shall take an appropriate decision in matter, after affording an opportunity of being heard to petitioners in these writ petitions and the concerned officers of NHAI and DPR Consultant.
Result: Writ petitions disposed of
JUDGMENT :
Since a common issue is raised, these writ petitions are heard together and are disposed of by this common judgment.
2. W.P.(C)No.14183 of 2021:- The Travancore Devaswom Board represented by its Secretary has filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P2 notification dated 28.01.2020 issued by the 1st respondent Central Government, Ministry of Road Transport and Highways (MoRTH) under Section 3A of the National Highways Act, 1956 (NH Act), insofar as it relates to the acquisition of property of Thiruvarattukavu Devi Temple in Sy. No.642 of Attingal Village, which is a temple under the management of the Travancore Devaswom Board and Ext.P12 order dated 15.05.2021 of the 4th respondent Special Deputy Collector and Competent Authority, Land Acquisition (National Highway), Thiruvananthapuram. The petitioner has also sought for a writ of mandamus commanding the respondents to slightly shift the alignment of the proposed Attingal Bypass in National Highway-66 (NH-66) in such a way that the temple structures of Thiruvarattukavu Devi Temple are not affected; and a declaration that the ancient temple structures in Thiruvarattukavu Devi Temple are liable to be protected to keep the remembrance of our ancient cultural heritage and to save the temple rituals.
2.1. Going by the averments in the writ petition, the proposed acquisition of property for the formation of Attingal Bypass for the development of National Highway-66 from Kadambattukonam to Kazhakkoottam, between Ch.530+800 and Ch.530+900, will affect the ancient temple structures of Thiruvarattukavu Devi Temple, which are constructed more than 700 years back. The temple is under the management of the Travancore Devaswom Board, which is constituted under the Travancore-Cochin Hindu Religious Institutions Act, 1950, for the administration of temples and religious endowments, which were under the management of erstwhile Ruler of Travancore and the management of all institutions which are under the Devaswom Department. Thiruvarattukavu Devi Temple in Attingal, is an ancient temple under Varkala Group. Thiruvarattukavu Devi is ‘Paradevatha’ (family deity) of Travancore Royal Family and 'Adisthana Devatha' of Attingal Desom. The temple is more than 700 years old. 'Ariyittuvazhcha', which started centuries before, is still continued by Travancore Royal Family in the temple, in the month of ‘Makaram’ every year, which is celebrated as the festival of Attingal Desom. It is a ten days long annual festival, during which period the members of Travancore Royal Family attend the temple and participate in the rituals. ‘Ariyittuvazhcha’ is performed on the 9th day of the festival. The members of Travancore Royal Family arriving for the ritual 'Ariyittuvazhcha' will be seated in the ‘Pattupura’ in Thiruvarattukavu Devi Temple. The temple, which is constructed in Kerala Kshethra Vastusilpa style, is an ancient monument to be protected as a remembrance of our cultural heritage. Koyikkal Palace situated adjacent to the temple is being taken over by the Archaeological Department. The temple is situated on land having an extent of 3.55 Acres in Sy. No.642/1 of Attingal Village in Chirayinkeezhu Taluk. The document marked as Ext.P1 is the relevant extract of the settlement register of Attingal Village. The 1st respondent issued Ext.P2 notification dated 28.01.2020 in Mathrubhumi daily dated 14.03.2020, under Section 3A(1) of the NH Act), for the acquisition of land for development of NH-66 from Kadambattukonam to Kazhakkoottam. As per Ext.P2, private land having an extent of 44.52 Ares in Survey No.642 of Attingal Village is under acquisition.
2.2. Earlier, in the years 2010, 2012 and 2018 similar notifications were issued by the 1st respondent. Those notifications have lapsed. In the first notification published on 16.02.2010, there was no proposal for the acquisition of the temple property. In the second notification publishe
