IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 16494 of 2004(L) -------------------------- PETITIONER: ------------ GURUVAYOOR DEVASWOM EMPLOYEES ASSOCIATION, REP. BY ITS SECRETARY, C.V.VIJAYAN, GURUVAYOOR. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SRI.BINOY VASUDEVAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. GURUVAYOOR DEVASWOM MANAGING COMMITTEE, REP. BY ITS ADMINISTRATOR, GURUVAYOOR. 3. THE ADMINISTRATOR, GURUVAYOOR DEVASWOM, GURUVAYOOR. 4. THE SECRETARY, GURUVAYOOR MUNICIPALITY, GURUVAYOOR. 5. THE MANAGING PARTNER, GOVIND GROUP OF COMPANIES, DOOR.NO.XVIII/345, GOVIND TOURIST HOME, NORTH NADA, GURUVAYOOR. BY ADV. SRI.K.RAMAKUMAR (SR.) FOR R5 SRI.T.RAMPRASAD UNNI FOR R5 GOVERNMENT PLEADER FOR R1 SRI.K.K.CHANDRAN PILLAI FOR R4 SMT.SREEJA.I FOR R4 SRI.NAGRAJ NARAYANAN, SC, GDB FOR R2 & 3 SRI.P.NANDAKUMAR,SC,GURUVAYUR D BOARD FOR R.2,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF DECISION NO.30 OF THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE DT.17.2.98. P2: TRUE COPY OF GOVT. ORDER DT.7.3.1998. P3: TRUE COPY OF GOVT. ORDER DT.6.11.99. P4: TRUE COPY OF COMMUNICATION ISSUED BY GOVT. DT.27.7.2001. P5: TRUE COPY OF COMMUNICATION ISSUED BY SECRETARY, REVENUE (DEVASWOMS) DEPARTMENT TO THE COMMISSIONER, GURUVAYOOR DEVASWOM DT.18.1.2002. P6: TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DT.1.7.2003 IN O.P. NO.9588/2003. P7: TRUE COPY OF ORDER DATED 12.9.2003 IN SLP(C)NO.16114 AND 16115/2003 OF THE HON'BLE SUPREME COURT. P8: TRUE COPY OF ORDER(DIRECTION) DT.13.12.1997 ISSUED BY THE SECRETARY TO GOVT., LOCAL ADMINISTATION(M) DEPARTMENT. P9: TRUE COPY OF LETTER DT.2.7.2002 FROM R4 TO R3. P10: TRUE COPY OF REPLY DT.6.8.2002 FROM R3 TO R4. P11: TRUE COPY OF REPRESENTATION DT.9.7.2003 SUBMITTED BY PETITIONER TO R2. P12: TRUE COPY OF RELEVANT PAGES OF THE BROCHURE PUBLISHED BY R5. P13: TRUE COPY OF NEWS ITEM PUBLISHED IN MADHYAMAM DAILY DT.29.4.2004. P14: .DO. MANGALAM DAILY DT.29.4.2004. P15: TRUE COPY OF ROUGH SKETCH PREPARED BY DEVASWOM SHOWING THE PROPERTIES WITHIN 100 METRE RADIUS FROM THE OUTER WALL OF THE TEMPLE. P16: TRUE COPY OF LETTER DT.31.5.2002 FROM THE ADMINISTRATOR GURUVAYOOR DEVASWOM TO THE MUNICIPAL SECRETARY, GURUVAYOOR MUNICIPALITY. P17: TRUE COPY OF DECISION OF THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE DT.7.6.2004 IN RESOLUTION NO.8. P18: TRUE COPY OF LETTER DT.19.6.2004 FROM THE ADMINISTRATOR, GURUVAYOOR DEVASWOM ADDRESSED TO THE CHIEF TOWN PLANNER, TRIVANDRUM, DISTRICT TOWN PLANNER, THRISSUR AND SECRETARY, GURUVAYOOR MUNICIPALITY. RESPONDENT'S EXHIBITS: R3(a): TRUE COPY OF RESOLUTION NO.8 DT.7.6.04 OF THE GURUVAYUR DEVASWOM MANAGING COMMITTEE. R5(a): TRUE COPY OF PERMIT ISSUED BY GURUVAYOOR MUNICIPALITY DT.17.12.2003. R5(b): TRUE COPY OF LETTER DT.24.9.1991 OF THE GURUVAYOOR DEVASWOM MANAGING COMMITTEE. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... W.P.(C) No.16494 of 2004 .................................................................... Dated this the 11th day of June, 2008. JUDGMENT Ramachandran Nair, J. The W.P. is filed by Association of Guruvayoor Devaswom Employees for direction to the respondents to implement Ext.P8 Government Order issued pursuant to directions of this court confirmed by the Supreme Court. This court directed acquisition of land upto 100 metres around the Guruvayoor Temple i.e. 100 metres from the outer wall of the temple for the purpose of avoiding congestion and for development of the temple. Even though Government and Devaswom Board reduced the distance periodically, the matter was concluded by decision of the Supreme Court when it disposed of the appeal against judgment of this court by recording the submission of the Devaswom and the Government that in a phased manner acquisition will be made upto 100 metres in terms of direction issued by this court. Even if no timeframe is fixed by the Supreme Court, obviously it has to be done within a reasonable time. Upto 25 metres is stated to be already acquired. Therefore, it is for the Devaswom to take progressive steps to acquire the land to make it upto 100 metres within a 2 reasonable time. Since the land is proposed to be acquired upto 100 metres for development of the temple, Municipality should not grant any approval for construction of any building within 100 metres except temporary constructions. If any construction is approved by the Municipality, then the Municipality will be liable to pay cost to the builder on account of later acquisition and demolition. The petitioner is free to bring to the notice of this court any order of the Municipality approving permanent construction within 100 metres of the temple, for passing appropriate orders against the Municipality. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms