IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22390 of 2011(W) -------------------------- PETITIONER(S): ---------------------- SREE ANCHUMOORTHY DEVASWOM, THIRUMITTAKKODE,OTTAPPALAM, PALAKKAD, REPRESENTED BY ITS MANAGER. BY ADV. SRI.MOHAN C.MENON RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD 678 001. 2. THE REVENUE DIVISIONAL OFFICER, OTTAPPALAM,PALAKKAD 678 001. 3. THE SUPERIENTENDENT OF POLICE, PALAKKAD 678 001. 4. THE GRAMA PANCHAYATH, THIRUMITTAKKODE, REPRESENTED BY ITS SECRETARY. 5. THE PRESIDENT, HAYYATHOOL ISLAM MADRASSA, THIRUMITTAKKODE,PALAKKAD 679 533. 6TH RESPONDENT IMPLEADED ---------------------------------------------- R6. THE MALABAR DEVASWOM BOARD, REP. BY ITS COMMISSIONER, KOZHIKODE 673001; R6 IMPLEADED AS PER ORDER IN IA.13718/2011 DATED 18.8.2011. R6 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22390 of 2011(W) ----------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE LOCATION SKETCH. EXT.P2. COPY OF THE SCHEDULE OF VASHIPADUS. EXT.P3. COPY OF THE SKETCH PLAN WITH ESTIMATE FOR THE TEMPLE ENTRANCE ARCH. EXT.P4. COPY OF THE PHOTOGRAPYH OF THE TEMPLES ALONG WITH THE MURAL PAINTINGS. EXT.P5A. COPY OF THE LETTER DATED 12.12.2009 SENT BY BHAGWAN SHRI.KULASEKARA ALWAR TRUST TO THE PETITIONER. EXT.P5B. COPY OF THE LETTER DATED 28.01.2010 SENT BY SRI.KRISHNA TOURS & TRAVELS TO THE PETITIONER. EXT.P5C. COPY OF THE LETTER DT. 22.7.2010 SENT BY S.SRINIVASAN TO THE PETITIONER. EXT.P5D. COPY OF THE LETTER DATED 9.08.2010 SENT BY THE PRESIDENT, SREE AYYAPPA SEVA SAMITHI TO THE EXECUTIVE OFFICER OF THE PETITIONER. EXT.P5E. COPY OF THE LETTER DT. 14.8.2010 SENT BY R.ALWAN TO THE PETITIONER EXT.P6. COPY OF THE LETTER TO THE DEVASWOM DT. 8.9.2010 SENT BY BHAKTAJANA SAMITHI. EXT.P7. COPY OF THE LETTER SENT BY PETITIOER DT. 20.6.2011 TO THE SECRETARY/PRESIDENT, THIRUMITTAKODE GRAM PANCHAYATH. EXT.P8. COPY OF THE PROCEEDINGS OF THE DEVASWOM BOARD COMMISSINER DT 1.4.2011. EXT.P9. COPY of the LETTER SENT BY PETITIONER DEVASWOM TO THE 1ST RESPONDENT DT. 20.7.2011. EXT.P10. COPY OF the NOTICE DT. 8.8.2011 SENT BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK Thottathil B.Radhakrishnan & K.Surendra Mohan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.22390 of 2011-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of August, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.Learned standing counsel appears for the additional 6th respondent. Learned Government Pleader appears for respondents 1 to 3. Notice to respondents 4 and 5 dispensed with having regard to the nature of the directions being issued hereunder preserving their right to seek re- hearing of this writ petition, if it becomes necessary for them to do so. 2.The petitioner says that the Revenue Divisional Officer is unauthorizedly interfering with the existence of a temporary board which shows the way to the Anchumoorthy temple. We see a photograph of that board at page 18 as part of WPC22390/11 -: 2 :- Ext.P4. It appears that another board Jamaliya Masjid Hayathool Islam Madrassa has also been placed along with the aforesaid board by putting some more rafters etc. While the plea is in relation to the need of the temple to have such a board to show the way to the said temple which is pleaded to be one with glorious past, we pointedly asked the learned counsel for the petitioner as to whether the way in question is a private way of the temple. The answer is in the negative. 3.With the coming into force of the Kerala Panchayat Raj Act, 1994, the said public way has vested in the panchayat. Obviously therefore, the quality and content of the title to that road is part of the secular wealth of the nation and rafters or other structure over that could be had only in terms of the appropriate permissions in accordance with the law governing that field. 4.It appears from the submissions made on behalf of WPC22390/11 -: 3 :- the Revenue Divisional Officer on the basis of a communication given by the District Collector, Palakkad, faxed down to the learned Senior Government Pleader, that there were certain controversies between the persons connected with the affairs of the temple and also those who are connected with the affairs of the madrassa. It is said that before the RDO, both groups had agreed to remove the boards or for an alternate arrangement. We would only record this because it is so submitted on behalf of the RDO. 5.We have already noticed that this is a matter which is entirely within the jurisdiction of the authorities under the Kerala Panchayat Raj Act, subject also to the restrictions imposed by the State, having regard to the public order, peace, tranquility and fraternity in community etc. The Government have also Government Orders in place even in relation to grant of permission of matters which may tend to affect such issues. This is so because, such regulation as part of WPC22390/11 -: 4 :- the police power of the State and the executive jurisdiction will ensure that the law and order prevails. For the aforesaid reasons, this writ petition is ordered directing that the Revenue Divisional Officer will hear the parties further if necessary and also issue any direction as may be found necessary in accordance with law. This shall not, however, affect the rights of the petitioner to seek relief in terms of Ext.P7 from the authorities under the Kerala Panchayat Raj Act. Thottathil B.Radhakrishnan, Judge. K.Surendra Mohan, Judge. Sha/2408