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 23 RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 WP(C) NO. 34315 OF 2022 PETITIONER:

TRAVANCORE DEVASWOM BOARD,REP. BY IT’S SECRETARY, DEVASWOM HEAD QUARTERS, NANDANCODE, KOWDIAR.P.O., THIRUVANANTHAPURAM-695 003.

BY ADV G.SANTHOSH KUMAR (P).

RESPONDENTS:

1 STATE OF KERALA, REP.BY PRINCIPAL SECRETARY, REVENUE (DEVASWOM)

DEPARTMENT, GOVERNMENT, SECRETARIAT, TRIVANDRUM-

695001.

2 THE DISTRICT COLLECTOR, COLLECTORATE, COLLECTORATE ROAD, ANANDAVALLEESWARAM, KOLLAM-689645.

3 THE REVENUE DIVISIONAL OFFICER, OFFICE OF THE REVENUE DIVISIONAL OFFICER, KALAYANAD, PUNALUR, KOLLAM-691331.

4 THE TAHASILDAR, TALUK OFFICE, OYOOR ROAD, THRIKKANNAMANGAL, KOTTARAKARA, KOLLAM-691506.

5 KOTTARAKKARA MUNICIPALITY, MUNICIPAL OFFICE BUILDING, PULAMON P.O, KOLLAM-

691531, REP.BY IT’S SECRETARY, 6 THE SECRETARY, KOTTARAKKARA MUNICIPALITY, MUNICIPAL OFFICE BUILDING, PULAMON P.O, KOLLAM-

691531.

7 THE STATION HOUSE OFFICER, KOTTARAKKARA POLICE STATION, CHANDAMUKKU, KOLLAM-

691506.

8 ADDL.R8.V.SURESH, AGED 53 YEARS, S/O, - RESIDING VASANTHA VILASOM, MANJAPPARA.P.O., AYOOR, KOLLAM, PIN-691533.

9 ADDL.R9.GOPALAKRISHNAN AGED 54 YEARS, S/O. RAMACHANDRAN RESIDING AT PUTHAN MADOM, KURA.P.O., KURA, THALAVOOR, PIN-

691557, KOLLAM DISTRICT. (ADDITIONAL RESPONDENTS 8 & 9 IMPLEADED AS PER ORDER DATED 10-11-2022 IN IA

1/2022). BY ADVS.

SHRI.M.K.CHANDRAMOHAN DAS, SC, KOTTARAKKARA MUNICIPALITY SAJITH KUMAR V.

J.VISHNU VIVEK A.V.

GODWIN JOSEPH PRANAV PRADEEP SRI S.RAJMOHAN - SR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Anil K. Narendran, J.

Travancore Devaswom Board has filed this writ petition under Article 226 of the Constitution of India, seeking an order directing the 4^th respondent Tahsildar, Kottarakara and the 7^th respondent Station House Officer, Kottarakara Police Station to act upon Exts.P2, P5 and P6 and ensure that no statue or any other constructions are erected in the properties of PD Manikanteswaram Devaswom by respondents 5 and 6, namely, the Kottarakara Municipality and its Secretary. The petitioner has also sought for a declaration that the construction carried by respondents 5 and 6 in the property of PD Manikanteswaram Devaswom for installing statue is illegal and direct respondents 5 and 6 to ensure that all unauthorised constructions in the Devaswom property are removed within a time frame, in the light of the order dated 04.02.2010 in DBP No.76 of 2009. The further relief sought for is an order directing respondents 5 and 6 to clear off the statue which is now illegally kept as covered and prepared for installation in the property of PD Manikanteswaram Devaswom.

2. On 27.10.2022, when this writ petition came up for admission, the learned Senior Government Pleader for respondents

1 to 4 and 7 and also the learned Standing Counsel for Kottarakkara Municipality for respondents 5 and 6 sought time to get instructions. In Satheesh v. Travancore Devaswom Board and others [2022 (1) KLT 940] this Court noticed the orders of the Apex Court in S.L.P.(C)No.8519 of 2006 – [Union of India v. State of Gujarat and others], whereby the Apex Court has issued a general direction to the effect that from 18.01.2013, the Government of Kerala shall not grant any permission for installation of any statue or construction of any structure in public roads, pavements, sideways and other public utility services. After considering the averments in paragraphs 2 and 3 of the writ petition and taking note of the photographs placed on record as Ext.P7, this Court granted an interim order on 27.10.2022 directing the 7^th respondent to ensure that respondents 5 and 6 are not proceeding further with the construction and installation of statue as revealed by Ext.P7 photographs in the property owned by PD Manikanteswaram Devaswom, Kottarakara, for a period of two