IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 2480 of 2009(S) ------------------------- PETITIONER(S): --------------- THE THEKKINKADU SAMRAKSHANA ACTION COUNSEL, THRISSUR, REPRESENTED BY ITS GENERAL CONVENER, SRI.SREEDHARAN TERAMBIL. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE THRISSUR CORPORATION, REP. BY ITS SECRETARY, CORPORATION OFFICE, THRISSUR. 2. COCHIN DEVASWOM BOARD, THRISSUR, REP. BY ITS SECRETARY, ROUND NORTH, THRISSUR. 3. THE DISTRICT COLLECTOR AND CHAIRMAN, NIRMITHI KENDRAM, THRISSUR. 4. THE SUPERINTENDING ARCHAEOLOGIST, ARCHAEOLOGICAL SURVEY OF INDIA, THRISSUR CIRCLE, THRISSUR. 5. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R2 SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R1 SRI.LELLULAL T.G.THUNDATHIL FOR R1 SRI.G.SREEKUMAR (CHELUR) FOR ADDL.R6 & 7 SRI.K.RAVI (PARIYARATH) FOR ADDL.R6 & 7 BY GOVERNMENT PLEDER SMT. LAKSHMI NARAYAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ----------------------------------------------- W.P(C).No.2480 of 2008 ----------------------------------------------- Dated this the 26th March, 2009 JUDGMENT Raman, J. The matter relates to construction of a monumental gate to the park in the Thekkinkadu Maidan. The Thrissur Corporation, is the licensee of the area, which is surrounded by a compound wall. They started construction of the monumental gate in the place of an old one, which give rise to the present complaint and the Writ Petition. It is alleged that this is a permanent construction, and placing reliance on some judgments of this Court, it is contended by the petitioner that such constructions are prohibited by this Court. The Corporation, on the other hand, would contend that this is not a construction in strict sense. It is an archaeological gate. In its place there was another gate which is part of the beautification of the city. Since this is a land belonging to the Cochin Devaswom Board, in the absence of any sanction obtained from the Devaswom Board, construction could not have been proceeded with. Hence, we directed the Thrissur Corporation to make an application in that behalf to the Board, WP(C).2480/09 2 whereupon the Cochin Devaswom Board will consider the same. We recorded in our order dated 19.2.2009 that the Devaswom Board accorded sanction imposing certain conditions and the Corporation will complete the construction after strictly complying with the conditions so stipulated. Now the construction is over. 2. In the facts and circumstances of the case, we do find that the construction so made is only a gate in replacement of the existing one will not in any way be considered as objectionable construction. Further it is a public park which is to be closed during night. Whether the construction is done in accordance with the conditions is a matter which the Board may verify. If there is any violation of conditions, it is open to the Board to take up the matter. In case the same has been done in accordance with the conditions stipulated, no further action is needed. The Writ Petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE vgs.