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2021 Supreme(Online)(KER) 19776

HIGH COURT OF KERALA
C.T.RAVIKUMAR, K.HARIPAL, JJ
THIRUVARATTUKAVU DEVI (A PERPETUAL MINOR) – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
ADV. SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD; S.C. SRI.MATHEWS K.PHILIP; SR. G.P.SRI.T.K.ANANDAKRISHNAN; ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA

JUDGMENT

Ravikumar, J.

The issues involved in these writ petitions are intertwined and interrelated and hence they were considered jointly and are being disposed of by this common judgment. The petitioners allege arbitrariness and illegality in Ext.P2 notification issued under Section 3A (1) of the National Highways Act, 1956 (for short 'The Act'), proposing acquisition of the property belonging to Thiruvarattukavu Devi Temple having an extent of 44.52 Ares comprised in Survey No.642 of Attingal Village for widening of NH-66 viz., Attingal By Pass. The property is located in between the sector CH.530+800 and CH.530+900. They also allege hasty action to finalise the declaration under Section 3D of the Act without considering their objections. Their actual grievance is against the realignment in between the aforesaid chainage in such a manner adversely affecting the rights of Thiruvarattukavu Devi Temple in Attingal under Varkala Group which is an ancient temple constructed more than 700 years back. It is the പരദ(cid:4)വത 'family deity' ( ) of the Travancore Royal Family where 'Ariyittu Vazhcha', which is a ritual being performed from time immemorial. It is further contended that in

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