IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 20026 of 2010(S) ---------------------------------------- PETITIONER(S): ------------------------ THE VARAKKAL BALI THARPANA TRUST, REPRESENTELD BY SRI.M. CHANDRASEKHARAN NAIR, BUILDING NO.1/954, NEAR COLLECTOR'S BUNGALOW, WEST HILL, KOZHIKODE. BY SRI.GOVIND K.BHARATHAN, SENIOR ADVOCATE, ADV. SRI.C.P. KUNHIKANNAN, SRI.MADHU S.K. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY,GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM-01. 2. THE DISTRICT COLLECTOR,COLLECTORATE, KOZHIKODE, PIN-673 005. 3. THE REVENUE DIVISIONAL OFFICER, KOZHIKODE, PIN-673 005. 4. THE DISTRICT TOURISM PROMOTION COUNCIL, KOZHIKODE, REPRESENTED BY THE OFFICER IN CHARGE. PIN-673 005. * ADDL.R5, R6 & R7 IMPLEADED R5: ZAMORIN RAJA OF CALICUT, (HEREDITARY TRUSTEE OF VARAKKAL DURGE BHAGAVATHI KSHETHRAM), CHALAPPURAM, CALICUT-2. WP(C).No. 20026 of 2010(S) R6: THE EXECUTIVE OFFICER, VARAKKAL DEVASWOM, WEST HILL, CALICUT-5. R7: K. VALSARAJ, S/O.CHATHUKUTTY, SECRETARY, SREEKANTESWARA TEMPLE COMMITTEE, KOZHIKODE. * ADDL. R5 AND ADDL. R6 ARE IMPLEADED, VIDE ORDER DATED 06/08/2010 IN I.A.10473/2010 AND ADDL. R7 IS IMPLEADED, VIDE THE SAME ORDER DATED 06/08/2010 IN I.A.10893/2010. R1 TO R4 BY SR. GOVT. PLEADER SMT.K. MEERA. ADDL. R5 & R6 BY SRI.M.C.SEN, SENIOR ADVOCATE, ADV. SMT.SHAHNA KARTHIKEYAN. ADDL. R7 BY ADV. SRI.T.G. RAJENDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 20026 of 2010(S) APPENDIX PETITIONER'S EXHIBITS & ANNEXURE: EXT.P1: COPY OF THE MINUTES OF THE MEETING DATED 27/05/2009. EXT.P2: COPY OF THE MINUTES OF THE MEETING DATED 02/06/2009. EXT.P3: COPY OF THE ORDER NO.D-1129/10 DATED 12/04/2010 PASSED BY THE 3RD RESPONDENT. EXT.P3(A): COPY OF THE ENGLISH TRANSLATION OF EXT.P3. EXT.P4: COPY OF AN ORDER NO.A6-4494/07 OF THE PORT OFFICE BEYPOOR. EXT.P4A: COPY OF THE ENGLISH TRANSLATION OF EXT.P4. EXT.P5: COPY OF THE TRUST DEED OF THE VARAKKAL BALI THARPANA TRUST. ANNEXURE-A: COPY OF THE MEMORANDUM OF SETTLEMENT SINGED BY ALL PARTIES ALONG WITH A SKETCH. RESPONDENT'S EXHIBITS & ANNEXURES: EXT.R5(1): COPY OF THE ORDER OF ASST. COMMISSIONER HR & CE DEPARTMENT DATED NIL. EXT.R5(1A): COPY OF THE ENGLISH TRANSLATION OF DO. EXT.R5(2): COPY OF THE ORDER DATED 27/07/2008. EXT.R5(2A): COPY OF THE ENGLISH TRANSLATION OF DO. EXT.R5(3): COPY OF THE LETTER DATED 25/10/2008. EXT.R5(3A): COPY OF THE ENGLISH TRANSLATION OF DO. EXT.R5(4): COPY OF THE LETTER DATED 13/10/2009. EXT.R5(4A): COPY OF THE ENGLISH TRANSLATION OF DO. ANNEXURE-A: COPY OF THE ORDER DATED 06/08/2010. ANNEXURE-B: COPY OF THE PHOTO PUBLISHED IN MATHRUBHUMI DATED 10/08/2010. ANNEXURE-C: COPY OF THE STATEMENT OF COLLECTOR REPORTED IN MALAYALA MANORAMA. ANNEXURE-C1: COPY OF THE ENGLISH TRANSLATION OF DO. WP(C).No. 20026 of 2010(S) ANNEXURE-R1(A): COPY OF THE PHOTOGRAPH, SHOWING THE PERSON SWEARING TO THIS AFFIDAVIT, VIZ. R.S. RAJESH. ANNEXURE-R1(B): COPY OF THE PHOTOGRAPH SHOWING THE CHIEF KARMI OF SREEKANDESWARAM TEMPLE AND HIS ASSISTANT. ANNEXURE-R1(C): COPY OF THE PHOTOGRAPH, SHOWING THE KARMI OF THE TEMPLE AND HIS ASSISTANT. ANNEXURE-R1(D): COPY OF THE PHOTOGRAPH, SHOWING TWO ACTIVE WORKERS OF THE MATHRU SAMITHI OF THE SREE DURGA DEVI KSHETRAM. ANNEXURE-R1(E): COPY OF THE PHOTOGRAPH, SHOWING THE PRESIDENT OF VARAKKAL DURGA DEVI KSHETHRAM JEERNODHARANA SAMITHI. ANNEXURE-R1(F): COPY OF THE PHOTOGRAPH, SHOWING THE PERSONAL SECRETARY AND SON IN LAW OF THE ZAMORIN. ANNEXURE-R1(G): COPY OF THE PHOTOGRAPH, SHOWING R.S. RAJESH, THE EXECUTIVE OFFICER, SITTING IN THE JEEP BELONGING TO THE VICE PRESIDENT OF THE VARAKKAL DURGA DEVI KSHETHRAM JEERNODHARANA COMMITTEE. ANNEXURE-R1(H): COPY OF THE PHOTOGRAPH, IN WHICH R.S. RAJESH IS ATTEMPTING TO COVER HIS FACE FROM THE PHOTOGRAPHER. ANNEXURE-R1(I): COPY OF THE COMMUNICATION DATED 16/09/2010 RECEIVED FROM THE INFORMATION OFFICER. ANNEXURE-R1(I)(a): COPY OF THE ENGLISH TRANSLATION OF ANN. R1(I). ANNEXURE-D: COPY OF THE PHOTO SHOWING THE KARMI OF PETITIONER TRUST CONDUCTING BALITHARPPANAM AT VARAKKAL BEACH. ANNEXURE-E: COPY OF THE PHOTO OF THE BOARD INSTALLED BY THE PETITIONER IN WP NEAR VARAKKAL BEACH. //TRUE COPY// P.S. TO JUDGE rs J. CHELAMESWAR, C.J & ANTONY DOMINIC, J. ---------------------------------------------- W.P(C).No. 20026 of 2010 ---------------------------------------------- Dated this the 29th day of July, 2011 JUDGMENT Antony Dominic, J. The dispute in this Writ Petition has been compromised by the parties and a joint statement dated 28.7.2011 has been filed by the learned counsel for the petitioner and the learned counsel for the additional respondents in the Writ Petition. The agreement settling the dispute between the parties dated 24th July, 2011 has been annexed to the joint statement. In view of the settlement of dispute thus arrived at between the parties, the Writ Petition is disposed of in terms of the joint statement dated 28.7.2011, which will be annexed to this judgment, clarifying that all the orders passed in this Writ Petition will also stand modified in terms of the settlement as above. J.CHELAMESWAR, CHIEF JUSTICE ANTONY DOMINIC, JUDGE vgs