IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 WP(C).No. 13831 of 2010(D) -------------------------------------- PETITIONER(S): ---------------- ----- C.RAIRU NAIR,THERLAYIL HOUSE, PO PINARAYI, KANUR DISTRICT. BY ADV. SRI.K.V.SOHAN SMT.SREEJA SOHAN.K. RESPONDENT(S): ------------------ ----- 1. PINARAYI GRAMA PANCHAYATH,REPRESENTED BY ITS SECRETARY, PO PINARAI, KANNUR DISTRICT. 2. THE VILLAGE OFFICER,PO PINARAI, KANNUR DISTRICT. 3. THE DISTRICT COLLECTOR, KANNUR. 4. KUNHIMADAKKANDY RABEENA, W/O.P.P.NIYAS, HOUSE NO.2/433,DARUL AMAN, KATTILPEETIKA, PO PINARAYI, KANNUR DISTRICT. 5. P.P.NIYAS, HOUSE NO.2/433, DARUL AMAN, KATTILPEETIKA, PO PINARAYI, KANNUR DISTRICT. *ADDL. R6 IMPLEADED. 6. MALABAR DEVASWOM BOARD, REP.BY THE COMMISSIONER. *ADDL. R6 IS IMPLEADED AS PER ORDER DTD. 20.5.2010. R2 & R3 BY GOVT. PLEADER SRI. R.LAKSHMI NARAYANAN R6 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13831/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PHOTOGRAPH SHOWING OF THE TEMPLE. P2:- COPY OF THE PHOTOGRAPH OF THE TEMPLE TANK UNDERGOING RENOVATION. P3:- COPY OF THE PHOTOGRAPH WHICH SHOWS THE OPENING FROM THE TEMPLE TANK FOR THE OVER FLOW OF THE WATER. P4:- COPY OF THE PHOTOGRAPH OF THE CONSTRUCTION UNDERTAKEN BY RESPONDENTS 4 AND 5 IN THE PADDY FIELD AFTER FILLING WITH EARTH. P5:- COPY OF THE MASS REPRESENTATION SUBMITTED BY THE LOCAL PEOPLE TO THE 3RD RESPONDENT, DTD. 23.3.2010. P6:- COPY OF THE REPRESENTATION SUBMITTED BY THE TEMPLE PRIEST TO THE IST RESPONDENT, DT. 10.2.2010. P7:- COPY OF THE SKETCH PLAN WHICH WILL SHOW THE LIE OF THE TEMPLE AND THE ALIGNMENT OF THE FLOW OF WATER IN TO THE NEARBY PADDY FIELD. TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- W.P(C).No.13831 OF 2010 ------------------------------------------- Dated this the 8th day of September, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner complains that there is large scale contamination and also intrusion into the temple tank of the Sree Parameswara Parvathy Temple, Pinarayi, which, according to the petitioner, is an ancient temple and considered as an important Siva temple. According to the petitioner, the temple tank is not only neglected, it is being encroached upon in violation of the provisions relating to the relevant laws, including the Conservation of Paddy Land and Wet Land Act, 2008. We find that an interim order was issued on 20.5.2010, directing the third respondent District Collector to ensure that no construction is made blocking the natural flow of water from the temple pond. We make that order absolute and direct the third respondent to issue notice to respondents 4 and 5, the petitioner, the first respondent Grama Panchayat and the Manager of the WPC.13831/10 2 Temple since it is stated that the additional 6th respondent Malabar Devaswom Board has no control over the temple. The District Collector will look into whether any provision of the relevant laws, including the Code of Criminal Procedure and other attendant laws, have to be applied. If there is any violation of the panchayat laws, the first respondent will take appropriate action as may be ordered by the District Collector. Let such action follow within a period of six months and until then, the order made absolute may govern the parties. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.8/09.