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2025 DIGILAW 426 (KER)

R. v. Babu V. K. Viswanathan VS State Of Kerala

2025-03-03

ANIL K.NARENDRAN, MURALEE KRISHNA S.

body2025
JUDGMENT : Anil K. Narendran, J. The petitioners in these writ petitions are the devotees of Guruvayur Sree Krishna Temple, which is under the management of Guruvayur Devaswom Managing Committee constituted under the Guruvayur Devaswom Act, 1978. W.P.(C)No.33516 of 2023 is one filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P1 order dated 17.07.2023 of the 5 th respondent Commissioner, Guruvayur Devaswom, granting permission for constructing a railway underpass as access for Thiruvenkidom Temple, which is a temple under the management of Thirupathi Thirumala Devaswom. The petitioner has also sought for other consequential reliefs in the said writ petition. In W.P.(C)No. 35459 of 2023 the petitioner has sought for a writ of certiorari to quash Ext.P8 decision No.71 dated 28.04.2023 of the 3 rd respondent Guruvayur Devaswom Managing Committee and Ext.P13 order dated 17.07.2023 of the 2 nd respondent Commissioner, Guruvayur Devaswom [which is Ext.P1 in W.P.(C)No.33516 of 2023]. The petitioner has also sought for other consequential reliefs. 2. On 12.10.2023, when W.P.(C)No.33516 of 2023, came up for admission, the learned Senior Government Pleader, the learned Standing Counsel for Guruvayur Devaswom Managing Committee and the learned Standing Counsel for Guruvayur Municipality sought time to get instructions. By the order dated 12.10.2023, this Court granted an order of ‘status quo’ in respect of the project in question for a period of two weeks. Paragraphs 3 to 5 of that order read thus; “3. The learned Standing Counsel for the 6 th respondent- Municipality would submit that the proposal to have an underpass and approach road is yet to be finalised. 4. The learned Standing Counsel for Guruvayur Devaswom Managing Committee and the learned Standing Counsel for Guruvayur Municipality shall make available for the perusal of this Court the relevant files, on the next posting date. 5. The order of status quo as on today in respect of the project in question shall be maintained for a period of two weeks.” 3. During the pendency of W.P.(C)No.33516 of 2023, the second writ petition, i.e., W.P.(C)No.35459 of 2023 was filed, which came up for admission on 28.10.2023. In the order dated 28.10.2023, this Court noticed the interim order of status quo granted in the connected matter, i.e., W.P.(C)No.33516 of 2023. The said interim order, which was extended from time to time, is still in force. 4. In the order dated 28.10.2023, this Court noticed the interim order of status quo granted in the connected matter, i.e., W.P.(C)No.33516 of 2023. The said interim order, which was extended from time to time, is still in force. 4. In W.P.(C)No.33516 of 2023, respondents 2 to 4 have filed a counter affidavit dated 19.12.2023, producing therewith Exts.R2(a) to R2(e) documents. The 6 th respondent has filed a counter affidavit dated 16.01.2024. The 5 th respondent has also filed a counter affidavit dated 22.10.2024. 5. Paragraphs 2 to 4 of the counter affidavit dated 19.12.2023 filed by respondents 2 to 4 in W.P.(C)No.33516 of 2023, read thus; “2. It is submitted that the 6 th respondent has requested the Guruvayur Devaswom Managing Committee to provide 10.87 cents of land from "Thiruthikattu parambu" for the development of approach road and construction of subway near Thiruvenkitam Temple. Thereafter the 6 th respondent as per letter dated 18.03.2023 intimated that after the combined inspection conducted by the officials of Devaswom, Municipality and officials from the K-rail, it is found that 9.62 cents of land is required for the railway subway near Thiruvenkitam temple. The Guruvayur Devaswom Managing Committee as per resolution No.71 dated 28.04.2023 decided to provide 9.62 cents of land to the 6 th respondent for the above purpose by retaining the ownership in Devaswom subject to the further orders from the 5 th respondent. The true copy of the resolution No.71 of Guruvayur Devaswom Managing Committee dated 28.04.2023 is produced herewith and marked as Ext.R2(a). 3. It is submitted that this respondent has communicated Ext.R2(a) before the 5 th respondent and requested to take appropriate action in accordance with Section 11(3) of Guruvayur Devaswom Act. The true copy of the communication dated 24.05.2023 is produced herewith and marked as Ext.R2(b). Thereafter, the 5 th respondent issued a notice as per Section 11(3) of Guruvayur Devaswom Act and call for objection from the public as stipulated by the Act. The true copy of the notice dated 15.06.2023 issued by the 5 th respondent is produced herewith and marked as Ext.R2(c). This respondent has published Ext.R2(c) on the Devaswom notice board and also in Guruvayur Devaswom website. After due publication of Ext.R2(c) the 5 th respondent has issued Ext.P1 order permitting Devaswom to surrender or transfer 9.62 cents of land from Thiruthikattu parambu for the construction of subway near Thiruvenkitam Temple. 4. This respondent has published Ext.R2(c) on the Devaswom notice board and also in Guruvayur Devaswom website. After due publication of Ext.R2(c) the 5 th respondent has issued Ext.P1 order permitting Devaswom to surrender or transfer 9.62 cents of land from Thiruthikattu parambu for the construction of subway near Thiruvenkitam Temple. 4. It is submitted that thereafter on 11.09.2023 the 5 th respondent has issued another communication directed the Devaswom to furnish a report regarding the benefits specifically temple and the devotees by giving away the possession of 9.62 land to the 6 th respondent for the construction of Thiruvenkitam Railway subway/approach road. The true copy of the communication dated 11.09.2023 issued by the 5 th respondent to the 2 nd respondent is produced herewith and marked as Ext.R2(d). This respondent has filed a report before the 5 th respondent intimating the benefits of Temple and the devotees by way of transfer of the property. The true copy of the communication dated 17.10.2023 issued by the 5 th respondent is produced herewith and marked as Ext.R2(e). Even though Ext.R2(d) has been issued, it would not take effect immediately. The proposal has to be accepted by the Railway Authorities. The condition imposed by the 6 th respondent also has to be accepted by the Railway Authorities only then Ext.R2(d) would take effect. Therefore, the writ petition at this stage is highly premature and is liable to be dismissed.” 6. In W.P.(C)No.35459 of 2023, the 5 th respondent has filed a counter affidavit dated 16.01.2024, which was followed by a counter affidavit dated 29.01.2024 filed by respondents 3 and 4, producing therewith Exts.R3(a) to R3(c) documents. The 2 nd respondent has also filed a counter affidavit dated 22.10.2024. 7. On 30.01.2025, when these writ petitions came up for consideration, the learned Standing Counsel for Guruvayur Municipality, on instructions, submitted that there is a proposal from Southern Railway for an underpass through an alternate alignment, which will not in any manner affect the land of Guruvayur Devaswom. The said proposal is being considered by the Municipal Council on 30.01.2025. 8. On 24.02.2025, the learned Standing Counsel for Guruvayur Municipality has made available for the perusal of this Court a letter dated 04.11.2024 of the Divisional Manager, Southern Railway, accepting the alternate proposal for the underpass, which will not affect the land of Guruvayur Devaswom. 9. The said proposal is being considered by the Municipal Council on 30.01.2025. 8. On 24.02.2025, the learned Standing Counsel for Guruvayur Municipality has made available for the perusal of this Court a letter dated 04.11.2024 of the Divisional Manager, Southern Railway, accepting the alternate proposal for the underpass, which will not affect the land of Guruvayur Devaswom. 9. The learned Standing Counsel for Guruvayur Municipality has placed on record, along with I.A.No.1 of 2025 in W.P.(C)No.35459 of 2023, a copy of the approval granted by Southern Railway on 04.11.2024, a copy of the approved construction sketch, etc., and also the copy of the Municipal Council decision dated 30.01.2025. Paragraph 3 of the affidavit filed in support of the said interlocutory application reads thus; “3. It is respectfully submitted that the Southern Railway has approved another alignment of Limited height use subway Km 22/900. A true copy of the Approval letter issued by the Southern Railway, dated 04.11.2024 is produced herewith and may kindly be marked as Ext.R5(a). A true copy of the construction sketch approved by the Southern Railway is produced herewith and may kindly be marked as Ext.R5(b). Later the Southern Railway sought municipality approval for the changes in the proposed road alignment. A true copy of the letter issued from the Southern Railway dated NIL and inwarded in the Municipal record as dated 16.01.2025 is produced herewith and may kindly be marked as Ext.R5(c). On the basis of the above-mentioned letter from the Railway, the municipal council considered the matter on 30.01.2025. A true copy of the municipal council decision dated 30.01.2025 is produced herewith and may kindly be marked as Ext.R5(d).” 10. Heard the learned counsel for the petitioner in the respective writ petitions, the learned Special Government Pleader with the learned Advocate General, the learned Standing Counsel for Guruvayur Devaswom Managing Committee and also the learned Standing Counsel for Guruvayur Municipality. 11. Having considered the materials on record and also the submissions made at the Bar, we notice that an alternate alignment for the underpass has already been approved by Southern Railway, as evident from Exts.R5(a) and R5(b), which will not in any manner affect the property of Guruvayur Devaswom. In such circumstances, these writ petitions are disposed of, taking note of the approval granted by Southern Railway for an underpass in the area in question, without affecting the land of Guruvayur Devaswom.