K.B.SUMODH Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 10th day of January 2020 The petitioner, a devotee of Sree Thrisivaperur Vadakkumnatha Temple is aggrieved by the permission granted to the 6th respondent to conduct shopping festival at 'Vadakkumnatha Kshethra Maidanam' and he seeks for issuance of a writ of mandamus commanding the Cochin Devaswom Board- the third respondent to cancel/withdraw any permission granted to the Thrissur Municipal Corporation for the conduct of Shopping Festival as 'Happy Days' from 15.12.2019 to 15.01.2020 inside the premises of 'Vadakkumnatha Kshethra Maidanam'.

(2.) A counter affidavit has been filed by the third respondent . It is only appropriate to extract paragraph 4 therein and it reads thus:-

(3.) It is also stated in the counter affidavit by the third respondent that the allegation in the writ petition that the 6 th respondent decided to conduct a Shopping Festival from 15.12.2019 to 15.01.2020 with the consent and concurrence of the Board in 'Vadakkumnatha Kshethra Maidanam' as 'Happy Days' is absolutely incorrect. Furthermore, it is stated therein that the Board had not granted any consent as alleged. That apart, it is stated that the General Convener of the Shopping Festival submitted Ext.R3(c) seeking permission to use the 'Vadakkumnatha Kshethra Maidanam' for the inaugural function of the Shopping Festival. It is also stated that since the writ petition is pending before this Court the third respondent has not taken any decision on Ext.R3(c). Subsequently, this Court passed an interim order on 13.12.2019. A perusal of the interim order dated 13.12.2019 would reveal that this Court only made an observation that the Board would be free to consider the said application received by the Corporation. The fact is that subsequently, permission was granted to conduct the inaugural function of the Shopping Festival on 14.12.2019 in 'Vadakkumnatha Kshethra Maidanam'. The writ petitioner as also respondents 7 and 12 would submit that after the conclusion of the inaugural function a dance programme was also staged followed by an orchestra. The learned counsel appearing for the third respondent would submit that permission was granted to conduct only the inaugural function in tune with the application in Ext.R3(c).