T BALANNAIR Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) PETITIONER complains that unauthorized flex boards and other modes of advertisements are placed in and around the althara (platform surrounding the banyan tree - treated as sacred and intricately connected with worship), and on other lands belonging to Sree Kottiyoor Temple in Kannur District, much against the interest of the devotees and the public at large and the dictates of the Kottiyoor Devaswom, one controlled by the Malabar Devaswom Board.

(2.) THE third respondent has filed a counter-affidavit denying the allegation that any flex board has been put up by the organisation, Sri Kottiyoor Perumal Seva Sangham, represented by him. It is, however, pleaded that the board put up on the althara, that is the foundation of the banyan tree, in Ikkara Kottiyoor temple belongs to the organisation represented by him and that the said banyan tree was planted by that organisation in 1977 with the approval of the Devaswom and the althara was constructed by that organisation. It therefore, claims that it is in possession of the said althara and the banyan tree without any objection from any quarter. Making further statements in relation to its stand, the third respondent, ultimately, says that the Devaswom property stands vested with the Government.

(3.) THE aforesaid expression of the contextually relevant constitutional values is a guiding beacon in favour of the protection of the environment, including the flora and fauna, in the better interest of the earth, of which, the human being is merely a part. Apart from it being worthy of emulation, this conceptualisation of the relevant constitutional values is part of the law laid by the Apex Court and, therefore, inexcusably binding as law, in terms of Article 141 of the Constitution. This Court is bound to apply the constitutional values deciphered in that precedent and to effectuate those values by issuing such directions as may be necessary, when situation demands.