IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN &

THE HONOURABLE MR. JUSTICE G. GIRISH MONDAY, THE 15^TH DAY OF JANUARY 2024 / 25^TH POUSHA, 1945 W.P.(C)NO.25679 OF 2023 PETITIONERS:

1 K.P. GURU DAS AGED 60 YEARS S/O. K.R.PANDURANGAN, 18/700 RAM NIWAS, DR C.V.NARAYAN IYER ROAD, CHALAPPURAM P.O, CALICUT, PIN - 673002

2 K.G. SUBRAMANIAN AGED 72 YEARS S/O. LATE GOPINATH, "SAIKRISHNA", 18/214 TALI, KANDANKUM STREET, OPPOSITE OF CORPORATION JUBILEE HALL, CHALAPPURAM PO, CALICUT., PIN - 673002 BY ADVS.

C.RAJENDRAN B.K.GOPALAKRISHNAN R.S.SREEVIDYA MANU M.

RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE (DEVASWOM)

DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

2 THE DIRECTOR DEPARTMENT OF TOURISM, GOVERNMENT OF KERALA, PARK VIEW, THIRUVANANTHAPURAM, PIN - 695033

3 MALABAR DEVASWOM BOARD HOUSEFED COMPLEX, IRANTHIPALAM, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 670006

4 DEWASOM COMMISSIONER MALABAR DEVASWOM BOARD, OFFICE OF THE DEWASWOM BOARD, HOUSEFED COMPLEX, IRANTHIPALAM, KOZHIKODE DISTRICT, PIN - 670006

5 THE EXECUTIVE OFFICER TALI KSHETRAM, TALI ROAD NEAR ZAMORINS SCHOOL, CHALAPPURAM P.O., PALAYAM, KOZHIKODE, KERALA, PIN - 673002

6 K C UNNI ANUJAN RAJA, ABOUT 98 YEARS, TRUSTEE OF THE TALI TEMPLE, ZAMORIN RAJA OF CALICUT, THIRUVANNOOR, CALICUT, PIN - 673029 BY ADVS.

A.C.VENUGOPAL VIDHYA. A.C(K/332/2003)

OTHER PRESENT:

SRI S.RAJMOHAN SR. GOVERNMENT PLEADER –

SRI R.LAKSHMI NARAYAN - STANDING COUNSEL- MALABAR DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

The petitioners, who are devotees and regular worshippers of Tali Siva Temple, which is a controlled institution under the Malabar Devaswom Board, in which the 6^th respondent is the hereditary trustee, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents not to construct any fountain and other connected structures in the tank (temple pond) of Tali Siva Temple or to use the temple pond as a place for sports, games, entertainments or for the purpose of tourism; a writ of mandamus commanding the respondents not to conduct any activity near or in the temple tank under the guise of tourism; and a writ of mandamus commanding the respondents not to reduce any portion of the place where devotional and the temple activities are taking place for any public or Government activities.

2. In the writ petition it is stated that during Vinayaka Chaturthi festival of Tali Siva Temple, the idol of Lord Ganapathi seated in two boats and tied together are being taken in procession inside the temple pond, which is being accompanied by the devotees moving in procession through the shore of the temple pond. On the last day of the annual festival, the idol being taken around that area on elephants accompanied by thousands of devotees and at the end of that ceremony, the deity will take a holy bath in the temple pond. In the writ petition, it is alleged that the State Government has decided to convert Tali Siva Temple and its surrounding area, including the temple pond, as a tourist center. The Minister for Public Works and Tourism made a statement, as evidenced by Ext.P1 press report that appeared in the Hindu daily dated 28.06.2023, that the Tourism Department has allotted Rs.1.40 Crores for the second phase of Tali Temple Heritage Project, which includes a stone mandapam and fountain in the middle of Tali Temple pond.

3. On 04.08.2023, when this writ petition came up for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for respondents 1 and 2. The learned Standing Counsel for Malabar Devaswom Board took notice for respondents 3 and 4. Urgent notice by special messenger was ordered to respondents 5 and 6, returnable on 08.08.2023. Taking note of the law laid d