IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 DBA.No. 26 of 2008(I) ------------------------------ (IN THE MATTER OF COCHIN DEVASWOM BOARD – CONSTRUCTION OF NEW SHOPPING COMPLEX AT VYTTILA – PERMISSION SOUGHT FOR) ........... APPLICANT: ------------------ SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. BY ADV. MR.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B. RESPONDENT: ---------------------- THE DEPUTY DIRECTOR, LOCAL FUND ACCOUNTS, COCHIN DEVASWOM AUDIT, THRISSUR. BY GOVERNMENT PLEADER MR. LAKSHMI NARAYAN. THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- DBA 26 OF 2008 -------------------------------------------------------- Dated 28th May 2009 Judgment RAMAN, J. This is an application seeking approval for the construction of a commercial complex at Vyttila in the land lying adjacent to the Siva Subramania temple, Vyttila belonging to the Devaswom Board. Even though this DBA was filed as early as in 2008, approval could not be granted because there is a scheme for major rail which is likely to pass through the area where the construction is proposed. Hence until a final decision is taken as to the exact place through which the major rail is to be passed, we cannot possibly grant permission for the construction, at this stage. In the circumstances, the DBA is closed without prejudice to the right of the petitioner to move the Cochin Devaswom Board later, when the situation improves. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE 2 sta 3