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2025 Supreme(KER) 936

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Cochin Devaswom Board - Petitioner
Versus
Senior Deputy Director Kerala State Audit Department - Respondent 
DBA No. 3 of 2025
Decided On : 20-02-2025

Advocates:
Advocate Appeared:
For the Appellant : BY ADV K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
For the Respondent: SRI. S. RAJMOHAN, SR. GP

The court affirmed that advertisement boards must comply with existing laws and previous judgments to ensure public safety and proper regulation.

Headnote:

(A) Cochin Devaswom Board - Permission sought for advertisement boards on iron grills around Thekkinkad Maidan for Sivarathri festival - Previous orders regarding renovation and restrictions on advertisements noted - Compliance with prior judgments mandated. (Paras 1-9)

(B) Legal compliance - Court emphasized adherence to laws governing public spaces and pedestrian safety, referencing prior judgments regarding advertisement restrictions. (Paras 6, 9)

Facts of the case:
The Cochin Devaswom Board sought permission to put up advertisement boards around Thekkinkad Maidan to generate funds for the Sivarathri festival scheduled on 26.02.2025, following prior permissions for renovation works.

Findings of Court:
Permission granted for advertisement boards at specified locations, subject to compliance with legal requirements and prior court judgments.

Issues: The main issues included the legality of the advertisement boards and compliance with previous court orders regarding public safety.

Ratio Decidendi: The court ruled that the advertisement boards must comply with existing laws and prior judgments, ensuring public safety and adherence to regulations.

Result: Permission granted to exhibit advertisement boards, subject to compliance.

ORDER :

Anil K. Narendran, J.

1. The Cochin Devaswom Board has filed this DBA seeking permission to put up advertisement boards on the iron grills around Thekkinkad Maidan, as requested in Annexure A8 request dated 16.12.2024 made by the Devaswom Manager, Vadakkumnatha Devaswom to the Commissioner, Cochin Devaswom Board. In the affidavit filed in support of this application, it is stated that by Annexure A7 order dated 09.10.2024 in DBP No.76 of 2024, this Court granted permission to the Cochin Devaswom Board to undertake the repair/renovation work of the existing compound wall of the Vadakkumnatha Ksehthra Maidan (Thekkinkad Maidan) of Sree Vadakkumnatha Temple. Since the term of the Temple Advisory Committee of Sree Vadakkumnatha Temple expired, the Thiruvathira festival of the temple was directly conducted by the Board. The request made by the Devaswom Manager in Annexure A8 is for permission to put up advertisement boards for generating funds for Sivarathri festival scheduled on 26.02.2025. Based on Annexure A8 request, the Board has passed Annexure A9 order dated 01.02.2025, whereby a decision has been taken to approach this Court seeking permission to get approval for the aforesaid request. The earlier orders of this Court, i.e., Annexures A1 to A6, are also produced along with this DBA.

2. On 17.02.2025, when this DBA came up for consideration, the learned Standing Counsel for Cochin Devaswom Board sought time to place on record a few photographs of the iron grills in the compound wall of Thekkinkadu Maidan.

3. On 18.02.2025, the learned Standing Counsel for Cochin Devaswom Board made available for the perusal of this Court a few photographs of the retaining wall of Thekkinkadu Maidan, where works relating to renovation of the compound wall in terms of Annexure A7 order in DBP No.76 of 2024 is going on. After arguing for some time, the learned Standing Counsel sought time to place on record further details of the proposal made in this DBA. Thereafter, on 19.02.2025, I.A.No.1 of 2025 was filed by the Board, producing therewith Annexure A10 photographs. The said photographs are extracted hereunder:

4. Heard the learned Standing Counsel for Cochin Devaswom Board for the applicant and the learned Senior Government Pleader for the respondent Senior Deputy Director, Kerala State Audit Department, Cochin Devaswom Board Audit.

5. Annexure A5 order dated 29.07.2022 in DBP No.31 of 2022 is the one rendered by a Division Bench of this Court, in which one among us [Anil K. Narendran, J.] was a party, after taking note of certain orders among Annexures A1 to A4. By Annexure A5 order, this Court granted permission to the Cochin Devaswom Board to conduct Onam exhibition/trade fair in Thrissur Pooram Exhibition Ground in Thekkinkad Maidan, for the year 2022, subject to the condition that the conduct of exhibition/trade fair shall be confined to the exhibition ground in Thekkinkad Maidan where there is no afforestation activity by planting teak or such other trees. That permission was subject to the conditions stipulated in Paragraphs 29.1 to 29.4 of that order.

6. Annexure A5 order was followed by Annexure A6 judgment dated 11.04.2023 in W.P.(C)Nos.26499 of 2018 and 4617 of 2022. The issue raised in those writ petitions relates to protection of Vadakkumnatha Kshethra Maidan (Thekkinkad Maidan) of Sree Vadakkumnatha Temple. By Annexure A6 judgment, the Cochin Devaswom Board and its officials were directed to ensure strict compliance of the law laid down by this Court in Satheesh v. Travancore Devaswom Board and others [2022 (1) KLT 940] in respect of all temples under its management, by ensuring that no hoardings, advertisement boards, etc., or any temporary structures are erected on the right of way or pedestrian facilities of public roads around the premises of the temples under its management, in connection with annual festival and other religious ceremonies. In Annexure A6 judgment, the Secretary of Thrissur Municipal Corporation was direc

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