VIJESH Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P(C) No. 3407 of 2026 is preferred by Sri. Vijesh C. K. challenging the proposed road widening project undertaken by the Public Works Department (PWD) near Madayikavu Bhagavathy Temple at Madayipara, Kannur. W.P(C). No. 8011 of 2026 is filed by Bachi Sulaimantakath Sameera seeking to restrain respondents 3 to 5, i.e., the temple authorities and one T.V. Rajesh, from trespassing into the property of the petitioner for the widening of the road leading to Madayikavu temple. Since the controversy involved in both these Writ Petitions pertains to the widening of the road leading to Madayikavu Bhagavathy temple, we deem it appropriate to dispose of these matters together by a common judgment. W.P.(C) No. 3407/2026 is taken as the lead case and the parties and exhibits are referred to in this judgment as stated in the said Writ Petition, unless otherwise specifically stated.

(2.) Brief facts necessary for the disposal of the Writ Petitions are as follows:

(3.) The petitioner further contends that Madayipara is well known for its geographical peculiarities. If the road is widened for 8.5 meters, it would adversely affect the biodiversity, natural flora and fauna of the landscape. The petitioner has produced Ext.P1 series photographs to substantiate his contentions. The petitioner asserts that the PWD department or the Malabar Devaswom Board have no right or authority to widen the road by destroying the temple property and its biodiversity. It is in this backdrop that the petitioner preferred this Writ Petition seeking the following reliefs: