GURUVAYUR DEVASWOM MANAGING COMMITTEE Vs. GURUVAYUR MUNICIPAL COUNCIL

JUDGEMENT

(1.) W.P.C.No.28325 of 2004 is filed by Guruvayoor Devaswom Board (hereinafter referred as 'Devaswom') challenging Ext.P5 an order passed by the Guruvayoor Municipality (hereinafter referred as 'the Municipality') rejecting the representation of the Guruvayoor Devaswom and calling upon them to make the contributions which has fallen arrears for several years.

(2.) The facts involved in this writ petition would show that there was some dispute between the Guruvayoor Devaswom as well as the Guruvayoor Municipality with reference to recovery of expenditure in terms of Section 184 of the Kerala Municipalities Act, 1960 (presently Section 333 of the Kerala Municipality Act, 1994). The issue was considered by a learned Single Judge of this Court in O.P.No.4062 of 1991. By judgment dated 15/10/1998, this Court held that in so far as the Municipality has made special arrangements necessary for public health, safety and convenience both of a permanent as well as temporary nature, on account of large number of pilgrims coming to the Guruvayoor temple, there could be no doubt that the levy made by the Municipality was justifiable in terms of Section 184 of the Kerala Municipalities Act.

(3.) The aforesaid judgment was challenged by filing W.A.No.382 of 2000 and by judgment dated 22/07/2003, the Division Bench of this Court observed that when the Managing Committee of the Devaswom has agreed to pay 50% of the cost of sanitary arrangements subject to annual review and the Government has permitted the Municipality to realise the said amount from the Devaswom under Section 184 of the Kerala Municipalities Act, there is obligation on the part of the Devaswom to pay the recurring expenditure on special sanitary arrangements. However, the Division Bench observed that in view of the contention urged by the Devaswom that the demand was in excess of the rate fixed by the Government and that it covers not only the cost of special arrangements but certain establishment expenditure as well, Devaswom was permitted to submit a representation to the Guruvayoor Township Committee for their consideration and they were called upon to take appropriate decision in the matter. Ext.P4 is the representation submitted by the Devaswom to the Municipality which resulted in Ext.P5. Ext.P3 dated 06/12/1965 is the order passed by the Government directing the Devaswom to pay 50% of the recurring expenditure on special sanitary arrangements to the Guruvayoor Township Committee (presently Municipality).