IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 RP.No. 1390 of 2008(L) ---------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16494/2004 .................... REVIEW PETITIONER(S): ---------------------- LALITHAMBIKA PRASAD W/O.K.PRASAD, 45 YEARS R/AT.DWARAKA, PATTAMALI ROAD, IRINGALAKKUDA PO., THRISSUR. BY ADV. SRI.K.RAMACHANDRAN SRI.P.RAMACHANDRAN SRI.S.SREEDEV RESPONDENT(S): --------------- 1. GURUVAYOOR DEVASWOM EMPLOYEES ASSOCIATION, REP. BY ITS SECRETARY, C.V.VIJAYAN, GURUVAYOOR. 2. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR. 4. SECRETARY, GURUVAYOOR MUNICIPALITY, GURUVAYOOR. 5. MANAGING PARTNER, GOVIND GROUP OF COMPANIES, DOOR.NO.XVIII/345, GOVIND TOURIST HOME, NORTH NADA, GURUVAYOOR. 6. GURUVAYOOR DEVASWOM MANAGING COMMITTEE REP. BY ITS ADMINISTRATOR, GURUVAYOOR. R1 BY ADV. SRI.SAJEEVKUMAR K. GOPAL R2 BY GOVT. PLEADER R3&6 BY ADV. SRI.P.NANDAKUMAR, SC R4 BY ADV. SRI.K.K.CHANDRAN PILLAI R5 BY ADV. SRI.K.RAMAKUMAR (SR.) THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 06/02/2009, ALONG WITH WPC NO. 34465 OF 2008 & CONNECTED R.PS., THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... R.P. Nos.1390,1387,1389,1391 of 2008 & 166 of 2009 in W.P.(C) No.16494 of 2004 & W.P.(C) No.34465 of 2008 .................................................................... Dated this the 6th day of February, 2009. ORDER Ramachandran Nair, J. The relief sought in the connected review petitions and the writ petition is for a direction to the Guruvayur Devaswom against acquisition of land belonging to the petitioners. In one or two cases the property involved is vacant land, while in the other cases petitioners are engaged in business namely, running tourist home, hotel etc. around the Guruvayur Temple. The Sri Krishna Temple at Guruvayoor is a major temple attracting lakhs of people from all over the country and abroad. The acquisitions proposed are based on Government Orders authorising acquisition of land for the temple within the distance of 100 metres from the outer wall of the temple. This court vide judgment in W.P.(C) No.16494/2004 dated 11.6.2008 found that the issue was covered by earlier judgment which was confirmed by the Supreme Court. In fact when judgment was pronounced, this court noticed that 2 the Devaswom had acquired land upto 25 metres from outer limit of the temple compound and therefore, based on the decision of the Government confirmed by the Supreme Court, this court left freedom to the Devaswom Board to proceed to acquire in stages upto 100 metres so that sufficient land is available for the pilgrims visiting the temple. The contention of counsel for the petitioners is that there was no direction by this court or by the Supreme Court to acquire upto 100 metres and therefore, Devaswom cannot proceed with further acquisition. They have also contended that the vacant land presently available is sufficient for the purpose of the temple and there is no congestion whatsoever justifying further acquisition. We are not inclined to accept these contentions because the decision of the Devaswom and the Government that further land is required for the Devasom is upheld by this court and by the Supreme Court. In fact 100 metres was found to be quite reasonable for the purpose of temple. The impugned acquisitions will only lead to financial loss to the 3 petitioners which can be made up through compensation. Therefore, we do not find any ground to interfere with the acquisitions upto 100 metres from the outer limit of the temple. However, we make it clear that in order to make up to 100 metres exactly, part acquisition should not be made leaving the remaining property of the owners unfit or useless for their purpose. For example, if the outer limit of 100 metres goes into the compound of a building, whether it be lodge or otherwise, and if such building is not proposed to be acquired, then sufficient compound should be left for proper use of the building. In other words, for making upto 100 metres, the use of the building should not be restricted. The Review Petitions and the Writ Petition are disposed of leaving freedom to the Devaswom to proceed with acquisition after giving adequate compensation for the land and building owners, but keeping in mind the observations made above. Since temple pond is outside temple compound, we do not think there is any justification to acquire land beyond 100 metres from outer wall 4 of the temple pond. Therefore, we direct the Devaswom to limit the acquisition upto 100 metres from the outer wall of the temple and only after completing acquisition upto this level, the Devasom should consider acquisition of land upto 100 metres from outer wall of the temple pond, if further extent of land is required, which is a matter that can be challenged by any party in that area. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms