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The Thekkinkadu Samrakshana … vs The Thrissur Corporation on 26 March, 2009

Kerala High Court
The Thekkinkadu Samrakshana … vs The Thrissur Corporation on 26 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2480 of 2009(S)


1. THE THEKKINKADU SAMRAKSHANA ACTION
                      ...  Petitioner

                        Vs



1. THE THRISSUR CORPORATION, REP. BY ITS
                       ...       Respondent

2. COCHIN DEVASWOM BOARD, THRISSUR,

3. THE DISTRICT COLLECTOR AND CHAIRMAN,

4. THE SUPERINTENDING ARCHAEOLOGIST,

5. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.T.RAJASEKHARAN NAIR

                For Respondent  :SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :26/03/2009

 O R D E R
            P.R.RAMAN & P.S.GOPINATHAN, JJ.

             -----------------------------------------------
                     W.P(C).No.2480 of 2008
             -----------------------------------------------
               Dated this the 26th March, 2009

                            JUDGMENT

Raman, J.

The matter relates to construction of a monumental gate

to the park in the Thekkinkadu Maidan. The Thrissur

Corporation, is the licensee of the area, which is surrounded

by a compound wall. They started construction of the

monumental gate in the place of an old one, which give rise to

the present complaint and the Writ Petition. It is alleged that

this is a permanent construction, and placing reliance on some

judgments of this Court, it is contended by the petitioner that

such constructions are prohibited by this Court. The

Corporation, on the other hand, would contend that this is not

a construction in strict sense. It is an archaeological gate. In

its place there was another gate which is part of the

beautification of the city. Since this is a land belonging to the

Cochin Devaswom Board, in the absence of any sanction

obtained from the Devaswom Board, construction could not

have been proceeded with. Hence, we directed the Thrissur

Corporation to make an application in that behalf to the Board,

WP(C).2480/09 2

whereupon the Cochin Devaswom Board will consider the

same. We recorded in our order dated 19.2.2009 that the

Devaswom Board accorded sanction imposing certain

conditions and the Corporation will complete the construction

after strictly complying with the conditions so stipulated. Now

the construction is over.

2. In the facts and circumstances of the case, we do find

that the construction so made is only a gate in replacement of

the existing one will not in any way be considered as

objectionable construction. Further it is a public park which

is to be closed during night. Whether the construction is done

in accordance with the conditions is a matter which the Board

may verify. If there is any violation of conditions, it is open to

the Board to take up the matter. In case the same has been

done in accordance with the conditions stipulated, no further

action is needed.

The Writ Petition is disposed of as above.

P.R.RAMAN, JUDGE

P.S.GOPINATHAN, JUDGE
vgs.

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