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2022 Supreme(Online)(KER) 62129
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 20TH DAY OF JULY 2022 / 29TH ASHADHA, 1944 DBP NO. 83 OF 2018 IN THE MATTER OF CDB-REPORT NO.75 OF 2018-PETITION NO.17 OF 2018-SEEKING PERMISSION FOR THE BEAUTIFICATION OF VADAKKUNNTHA KSHETHRA MAIDAN-SUO MOTU PROCEEDINGS INITIATES REGARDING APPLICANT:
COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY, THRISSUR.
BY ADV SRI.K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD RESPONDENTS:
1 DEPUTY DIRECTOR, LOCAL FUND AUDIT, COCHIN DEVASWOM AUDIT, THRISSUR.
ADDL.R2 MR.BINESH SUKUMAR, CHIEF ARCHITECT, 7TH FLOOR, PENTA TOWER, KALLOOR, KOCHI-682017.
(ADDL.R2 IS IMPLEADED AS PER ORDER DATED
3/12/2018 IN IA 1/18 IN DBP 83/18.)
ADDL.R3 K.NARAYANANKUTTY AGED 58 YEARS, S/O.RAGHAVA PISHARADI, 28/575/3, PALIYAM ROAD, THRISSUR.
(ADDITIONAL R3 IS IMPLEADEDAS PER ORDER DATED
28.01.2019 IN IA 1/2019 IN DBP 83/2018)
ADDL.R4 THIRUVAMBADY DEVASWOM, REPRESENTED BY ITS SECRETARY, THIRUVAMBADY DEVASWOM BUILDINGS, ROUND WEST, THRISSUR-686001.
ADDL.R5 PARAMEKKAVU DEVASWOM, GEETHANJALI BUILDING, ROUND EAST, THRISSUR, PIN CODE - 680 001, REPRESENTED BY ITS SECRETARY.
(ADDITIONAL R4 AND R5 ARE IMPLEADED AS PER ORDERS IN IA 2/2019 AND IA 3/2019 DATED
15/03/2019.)
6 ADDL.R6.KERALA KSHETRA SAMRAKSHANA SAMATHI (SOUGHT TO BE IMPLEADED)
BY ADVS.
SRI.ANIL KUMAR SREEDHARAN ANCHAL C.VIJAYAN N.K.SUBRAMANIAN AJITH VISWANATHAN SUSEEL M.MENON SRI.S.ANANTHAKRISHNAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 20.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
['SRI K P SUDHEER', 'SC', 'COCHIN DEVASWOM BOARD', 'GOVERNMENT PLEADER', 'SRI ANIL KUMAR SREEDHARAN', 'ANCHAL C VIJAYAN', 'N K SUBRAMANIAN', 'AJITH VISWANATHAN', 'SUSEEL M MENON']
O R D E R
Anil K. Narendran, J.
This DBP arises out of CDB Report No.75 of 2018 in petition No.17 of 2018 filed by Cochin Dewaswom Board before the learned Ombudsman. That petition was filed by the Board seeking permission to implement Annexure-A15 order No.R.1908/05 dated 06.04.2018.
2. In the memo dated 12.07.2022 filed in this DBP, it is stated that the Board has issued order No.R.1908/2015 dated 23.02.2022 canceling Annexure A15 order and decided to submit a fresh application before this Court for the conservation of Vadakkumnatha Kshethra Maidan, as evidenced by Annexure A16 order. In terms of Annexure A16 order, the Board has filed an application before the learned Ombudsman on 07.07.2022, seeking permission for conservation of Vadakkumnatha Kshethra Maidan. In such circumstances, the Board may be permitted to withdraw this DBP, which arises out of Petition No.17 of 2018, without prejudice to its right to prosecute the application filed before the learned Ombudsman, pursuant to Annexure A16 order dated 23.02.2022.
3. Heard the learned Standing Counsel for Cochin Devaswom Board and also the learned Senior Counsel/ learned Counsel for the respondents.
Having considered the submissions made by the learned counsel on both sides this DBP is dismissed as withdrawn, without prejudice to the right of the Board to pursue the petition presently filed before the learned Ombudsman, pursuant to Annexure A16 order No.R.1908/2015 dated
23.02.2022.
The legal and factual contentions raised by both sides are left open to be raised before the appropriate forum, at appropriate stage.
ANIL K. NARENDRAN, JUDGE
