IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 10689 of 2010(I) -------------------------- PETITIONERS: --------------- 1. SREE RAMA SWAMY KSHETRA KSHEMA SAMITHY, A5-5607/01 KKS 45, TRIPRAYAR, P.O.VALAPPAD, TRISSUR DISTRICT, REPRESENTED BY ITS PRESIDENT, M.SWARNALATHA, RAJ VIHAR, TRIPRAYAR, P.O.VALAPAD. 2. V.R.PRAKASAN, SECRETARY, SREE RAMA SWAMY KSHETRA KSHEMA SAMITHY, A5-5607/01 KKS 45, TRIPRAYAR, P.O.VALAPPAD, TRISSUR DISTRICT. BY ADV. SMT.P.V.ASHA SMT.VINEETHA B. RESPONDENTS: --------------- 1. SUPERINTENDING ARCHAEOLOGIST, ARCHAEOLOGICAL SURVEY OF INDIA, TRISSUR CIRCLE, FF 19(A) KSHB FLATS, PULLAZHY P.O., THRISSUR 680012. 2. DIRECTOR GENERAL OF ARCHAEOLOGY, ARCHAEOLOGICAL SURVEY OF INDIA, NEW DELHI. 3. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CULTURE, MINISTRY OF CULTURE AND TOURISM, NEW DELHI. 4. COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BUILDINGS, ROUND NORTH, TRISSUR. R1 TO R3 BY ASST. S.G. SRI.T.P.M.IBRAHIM KHAN R4 BY ADV. SRI.K.GOPALAKRISHNA KURUP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.10689 of 2010 .................................................................... Dated this the 31st day of March, 2010. JUDGMENT Ramachandran Nair, J. Prayer in the W.P. is for a direction to the first respondent to permit the petitioners and the Devaswom together to construct a waiting shed for the devotees waiting for participating in the Annadhanam. Counsel for the petitioners relied on the photograph produced which shows large number of people standing in the open air exposing to heavy heat and sunlight. The temple appears to have lot of mural paintings on the wall of the Sreekovil and consequently it is a building protected by the Archaeological Department. Even though the Assistant Solicitor General appearing for respondents 1 to 3 submitted that instructions are required to be taken from respondents 1 and 2, we do not think there can be any objection from the department because the protected building is the Sreekovil and the painting thereon and the shed to be constructed is only in the open ground outside the chuttambalam. We, therefore, dispose of the Writ Petition leaving 2 freedom to the temple authorities and the petitioners or the Samithi to proceed with the construction of the shed outside the chuttambalam in terms of Ext.P2 plan produced in court. Since the purpose is to protect the devotees from heat and sunlight, we are sure that those who make the shed will not use asbestos or powder coated steel sheets and will use only aluminium sheets, preferably powder coated coloured sheets to suit the colour of roof of the temple. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms