Allowed

Ajoy P.B. v. State of Kerala

Kerala HC24 Nov 2021WP(C)/936/2021

Case brief

AI extract

What is this about?

The High Court of Kerala entertained a writ petition seeking directions to preserve stone inscriptions in Vanama Moorthy Temple. The court directed the Director of Archaeology to declare these inscriptions as protected monuments under the relevant preservation acts and ensure their safeguarding.

What did the court decide?

Direction to the Director of Archaeology to declare the inscriptions as protected monuments under the Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1958 and 1968, and to preserve

Ajoy P.B. Vs State of Kerala — Writ and Judicial Review | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN &

¶2

THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR WEDNESDAY, THE 24^TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943

¶3

WP(C) NO. 936 OF 2021

¶4

PETITIONER/S:

¶5

AJOY P.B., AGED 45 YEARS S/O.BABY JOSH, PANAKKAL HOUSE, 87, VIDYANAGAR, CUSAT P.O., ERNAKULAM - 682022.

¶6

BY ADVS. P.CHANDRASEKHAR SRI.RAJESH NAIR SRI.K.G.RAJEESH

¶7

RESPONDENT/S:

¶8

1 STATE OF KERALA DEPARTMENT OF REVENUE (DEVASWOM), REPRESENTED BY THE PRINCIPAL SECRETARY, ROOM NO.394, 1ST FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶9

2 TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003.

¶10

3 THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003.

¶11

4 THE SECRETARY, TRAVANCORE DEVASWOM BOARD NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695003.

¶12

5 THE CHIEF ENGINEER TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM - 695 003.

¶13

¶14

W.P.(C)No.936 of 2021

¶15

6 THE DIRECTOR, DIRECTORATE OF ARCHAEOLOGY SREEPADAM PALACE, FORT P.O., THIRUVANANTHAPURAM - 695023.

¶16

7 OFFICE OF THE SUPERINTENDING ARCHAEOLOGIST THE ARCHAEOLOGICAL SURVEY OF INDIA, THRISSUR CIRCLE, PURATATTVA BHAVAN, FF 19(A), KSHB FLATS, PULLAZHY, THRISSUR - 680 012.

¶17

8 ADDL.R8.NATIONAL MONUMENTS AUTHORITY REPRESENTED BY ITS MEMBER SECRETARY, NO.24, TILAK MARG, BHAGWAN DAS LANE, MANDI HOUSE, NEW DELHI-110 001.

¶18

9 ADDL. R9. UNION OF INDIA, MINISTRY OF CULTURE, REPRESENTED BY ITS SECRETARY, ROOM NO.501, 'C' WING, SHASTRI BHAVAN, NEW DELHI, 110015.

¶19

IMPLEADED AS ADDL. R8 AND R9 AS PER THE ORDER DATED 19.01.2021 IN I.A. 1 OF 2021 IN WP(C) 936/2021.

¶20

BY ADVS. GOVERNMENT PLEADER

¶21

SHRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD SHRI.P.VIJAYAKUMAR, ASG OF INDIA SRI.SUVIN R.MENON, CGC

¶22

OTHER PRESENT:

¶23

SRI S RAJMOHAN -SR GOVERNMENT PLEADER

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

¶26

W.P.(C)No.936 of 2021

¶27

JUDGMENT

¶28

Anil K. Narendran, J.

¶29

The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to preserve and protect all the monumental and archaeological stone inscriptions in Vanama Moorthy Temple, Thrikkakara, in exercise of the powers conferred under the Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1958 and take action accordingly. Going by the averments in the writ petition, Vanama Moorthy Temple, Thrikkakara, which is under the management of the 2^nd respondent Travancore Devaswom Board, is classified as Group II Temple and its history can be traced back for more than 1000 years. Several stone inscriptions in the temple give a glimpse of the history of Kerala. It is the inaction on the part of the respondents in preserving and protecting the monumental and archeological inscriptions that constrained the petitioner to approach this Court in this writ petition, seeking the aforesaid relief.

¶30

On 21.01.2021, when this writ petition came up for

¶31

¶32

W.P.(C)No.936 of 2021

¶33

admission, the learned Assistant Solicitor General of India took notice for additional respondents 8 and 9 and the learned Standing Counsel for Travancore Devaswom Board was directed to get instructions.

¶34

The learned Assistant Solicitor General of India has filed a statement dated 10.02.2021 on behalf of the 7^th respondent Superintending Archaeologist, Archaeological Survey of India, wherein it is stated that the inscriptions at Vanama Moorthy Temple, Thrikkakara, are important and they give valuable information on administration and revenue details not only of the temple but also generally of the governance of temples in the Medieval period of Kerala. Furthermore, it is very much essential to keep the inscriptions in their original spatial and cultural context within the temple complex since the inscriptions showcase valuable evidence regarding the history of the temple. The inscriptions could not be placed outside the temple, considering the originality, historical importance and safety and security. In paragraph 2 of the statement the 7^th respondent has pointed out that, Vanama Moorthy Temple, Thrikkakara is under Travancore

¶35

¶36

W.P.(C)No.936 of 2021

¶37

Devaswom Board, which is not a protected monument of the Archaeological Survey of India or State. Travancore Devaswom Board can provide railings around the inscriptions to avoid vandalism and stepping on the inscriptions. Similarly, a cultural text of the inscription can be fixed near the inscription to disseminate awareness among the devotees in preserving the history for generations. If required, the Archaeological Survey of India can provide technical advice in preserving the stone inscriptions at Vanama Moorthy Temple, Thrikkakara. The learned Assistant Solicitor General of India has filed another statement dated 16.03.2021 on behalf of the 7^th respondent, wherein it is stated that some of the stones carrying inscriptions are lying outside the temple complex and hence it is better to bring them inside the temple complex for preservation.

¶38

After considering the statement filed on behalf of the 7^th respondent, this Court by the order dated 08.07.2021 directed the said respondent to file a statement as to the steps to be taken in accordance with the provisions of the Act to protect the invaluable inscriptions in the premises of

¶39

¶40

W.P.(C)No.936 of 2021

¶41

Vamana Moorthy Temple, Thrikkakara.

¶42

On 09.08.2021, when this writ petition came up for consideration, the learned Central Government Counsel submitted that, taking note of the importance of the stone inscriptions, there can be no doubt with respect to the requirement to preserve the same for the generations. In fact, in the very statement dated 10.02.2021 filed on behalf of the 7^th respondent, it is specifically stated so. However, in the said statement what is further stated is that the Archaeological Survey of India is prepared to give advice, if required, to preserve the stone inscriptions at Vamana Moorthy Temple. The learned Central Government Counsel in that context submitted that the Archaeological Survey Department of the State Government can take appropriate measures for preservation. In the statement filed on behalf of the 7^th respondent dated 16.03.2021, it is stated that some of the stones carrying inscriptions are lying outside the temple complex and hence it is better to bring them inside the temple complex for preservation.

¶43

In the order dated 09.08.2021 this Court noticed

¶44

¶45

W.P.(C)No.936 of 2021

¶46

that, in the light of what is stated as above, the learned Standing Counsel for Travancore Devaswom Board and also the learned Government Pleader have to get instructions on the aforesaid aspects. Necessarily, the Travancore Devaswom Board has also to find out a location inside the temple complex, where the stones carrying inscriptions can be safely preserved. In what manner it has to be preserved is a matter to be decided by the State Archaeological Department. Therefore, by the said order respondents 2 and 6 were directed to state their stand on the aforesaid aspects, on or before 08.09.2021.

¶47

The 6^th respondent Director of Archaeology has

¶48

filed a statement on 25.08.2021. Paragraphs 4 to 6 of that statement read thus;

¶49

'4. On receipt of a copy of this writ petition, Director, Department of Archaeology (6th respondent) vide letter ARCDA/147/2021-B3 dated 24.02.2021 detailed Education Officer, Hill Palace Museum, Thrippunithura to visit the temple and to submit a report whether the stone inscriptions in the temple can be declared as a Protected Monument as per the provisions of the Kerala Ancient Monuments and Archaeological Sites and Remains Act 1968 or not. The officer submitted a

¶50

¶51

W.P.(C)No.936 of 2021

¶52

detailed report vide his letter No.H.P. 125/2021 dated 16.04.2021, which is produced herewith and marked as Annexure R6(a).

¶53

As per the report submitted, Thrikkakkara Vamana Moorthy Temple is one of the few temples in Kerala dedicated to Vamana, one of the incarnations of Lord Vishnu. There were 108 "Vaishnava Divya Desams" (Vaishnavite Holy Places) in entire South India and 13 among them are in present State of Kerala and Tamil Nadu and are called "Malai Nadu Divya Desom". They are:

¶54

(i) Thiruvananthapuram - Sri Anantha Padmanabhaswamy Temple

¶55

(ii) Thiruvananthapuram - Sri Kuralappa Perumal Temple

¶56

(iii) Thirukkaatkarai Sri Kaatkarai Appa Perumal Temple (Thrikkakkara Vamana Moorthy Temple)

¶57

(iv) Thirumoozhikkalam – Sri Moozhikkalathaan Perumal Temple

¶58

(v) Thirupuliyoor – Sri Maayapiran Perumal Temple

¶59

(vi) Thirucchenkundroor - Sri Imayavarappa Perumal Temple

¶60

(Vii) Thiru Naavaay - Sri Naavaay Mukunda Perumal Temple

¶61

(vii) Thiruvalvaazh - Sri Kolapira Perumal Temple

¶62

(ix) Thiruvanvandoor - Sri Paambanaiyappa Perumal Temple

¶63

(x)Thiru Vattaaru - Sri Aadhikesava Perumal Temple

¶64

(xi)Thiruvithuvakkodu - Sri Uyyavantha Perumal Temple (Perumal Temple Near Pattambi).

¶65

(xii) Thirukkadithaanam – Sri Athpusha Narayana Perumal Temple (Lord Maha Vishnu Temple Near Changanassery)

¶66

(xiii) Thiruvaaran Vilai - Sri Kuralappa Perumal Temple (Lord Vishnu Temple near Aranmula)

¶67

¶68

W.P.(C)No.936 of 2021

¶69

It is submitted that Thrikkakkara Vamana Moorthy Temple is one of the oldest temples in Kerala and is under the administrative control of Travancore Devaswom Board. This temple had some relation with story about Onam festival. The deity "Vamana Moorthy' is placed in a “Vatta Sreekovil" and most of the inscriptions are seen on the basement stones, with which the basement of the Sreekovil is made. There are four such inscriptions, out of which two are faded. There are inscriptions on the way leading to Balivattom and on granite step. These inscriptions are written old Vatteluttu Script. As per the Travancore Archaeological Series, Vol II, there are 17 such inscriptions in the temple and dates back to 10^th and 11^th century. Most of the inscriptions were recorded during the reign of Bhaskara Ravivarman, the ruler of second Chera Dynasty. These inscriptions throw light upon "Vaishnava rituals", social life and ruling and administration of Kingdom etc. The report further states that these inscriptions were visited by famous epigraphist Dr. M.R.Raghava Warrier on 08.04.2021 and reported that some of the inscriptions were either faded out or destroyed during the temple renovation works. The report of the Education Officer concludes that since these inscriptions come under the definition of Section 2 of the Kerala Ancient Monuments and Archaeological Sites and Remains Act 1968 (1968 Act), steps may be taken to declare these inscriptions as “Protected Monuments" under the 1968 Act. As

¶70

¶71

W.P.(C)No.936 of 2021

¶72

recommended by Education Officer, steps will be taken by Department of Archaeology to declare these inscriptions as “Protected Monuments of State Archaeology Department, Kerala subject to the finalization of this Writ Petition by this Honourable Court. As far as the petitioner's plea that these inscriptions should be declared as Protected Monuments under the provisions contained of the Ancient Monuments and Archaeological Sites and Remains Act 1958 (Central Act), it is for the 7^th respondent to comment as monuments, which are historically/archaeologically/artistically important and have more 100 years of age and having national importance are declared as such under Central Act of 1958. As far as the lethargy or inaction on the part of the as other respondents to protect the inscriptions, this respondent has no comments to offer.'

¶73

The learned Standing Counsel for the Travancore

¶74

Devaswom Board has filed a statement dated 28.09.2021, on behalf of respondents 2 to 5. Paragraphs 4 and 5 of that statement read thus:

¶75

“4. It is submitted that in the statement dated 16.03.2021 filed by the 7^th respondent, it is stated that some of the stones carrying inscriptions are lying outside the temple complex and it is better to bring it inside the temple complex for preservation. It is further stated that the Archaeological Survey of India is

¶76

¶77

W.P.(C)No.936 of 2021

¶78

prepared to give advice to preserve the stone inscriptions and it is the Archaeology Survey Department of the State Government to take appropriate measures for preservation. In the above context, this Hon'ble Court directed the Travancore Devaswom Board to find out a location inside the temple complex, where the stones carrying the inscriptions can be safely preserved.

¶79

It is respectfully submitted that the stones with inscriptions are found in three places in Vamana Moorthy Temple, Thrikkakara, i.e., (i) at the Panchavargam stone (Basement of the Sreekovil) at the south side of the Sopanam, (ii) at the side of passage in front of the Mandapam, and (iii) one stone in the floor of passage in Valiyambalam. Three stones are part of the temple structure and this cannot be separated from the structure for preservation. This has to be preserved as such in the place where it is fixed now without affecting the functionality/ daily routine of the temple. On inspection of the temple premises, no stone carrying any inscription is found lying anywhere outside the temple complex.”

¶80

Heard the learned counsel for the petitioner, the learned Senior Government Pleader for respondents 1 and 6, learned Standing Counsel for Travancore Devaswom Board for respondents 2 to 5, and also the learned Assistant Solicitor

¶81

General of India for respondents 7 to 9.

¶82

¶83

W.P.(C)No.936 of 2021

¶84

The learned counsel for the petitioner would submit that, as pointed out in the statement filed on behalf of respondents 2 to 5, in Vamana Moorthy Temple, Thrikkakara the stones with inscriptions are found in three places i.e., (i) at Panchavargam stone (Basement of the Sreekovil) on the southern side of Sopanam, (ii) on the side of passage in front of the Mandapam, and (iii) on the floor of the passage in Valiyambalam. There are other stone inscriptions in the Temple, which have also to be preserved.

¶85

The learned Assistant Solicitor General of India, after referring to the provisions under the Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1958 would submit that, it is the Archaeological Survey Department of the State Government to take appropriate measures for preservation of the inscriptions found in Vamana Moorthy Temple, Thrikkakara, and the Archaeological Survey of India is prepared to give advice to the 6^th respondent Director of Archaeology to preserve the stone inscriptions.

¶86

The learned Standing Counsel for Travancore Devaswom Board would submit that the above stones are part

¶87

¶88

W.P.(C)No.936 of 2021

¶89

of the temple structure, which cannot be separated from the structure for preservation. It has to be preserved as such in the place where it is fixed, without affecting the functionality/ daily routine of the temple. The learned Standing Counsel would point out that, in the inspection of the temple premises, no stone carrying any inscription was found lying anywhere outside the temple complex.

¶90

The learned Senior Government Pleader would submit that, as stated in the statement filed by the 6^th respondent Director of Archaeology the inscriptions found in Vamana Moorthy Temple, Thrikkakara, come under the purview of Section 2 of the Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1958. Based on the recommendation of the Education Officer, steps will be taken to declare the inscriptions found in Vamana Moorthy Temple, Thrikkakara as ‘protected monuments’ of the State Archaeology Department.

¶91

The inscriptions found in Vamana Moorthy Temple, Thrikkakara, are worthy to be preserved rather, bound to be preserved under the provisions of the Kerala Ancient

¶92

¶93

W.P.(C)No.936 of 2021

¶94

Monuments and Archaeological Sites and Remains Act, 1958. The reasons therefor are clearly discernible from the statement filed by the 7^th respondent Superintending Archaeologist, Archaeological Survey of India. Preservation of such valuable inscriptions will throw light on the administration and revenue details of temples and the governance of temples in the Medieval period of Kerala. Certainly, if the inscriptions are preserved, they will act as valuable pieces of information for the historians.

¶95

Having considered the pleadings and materials on record and also the submissions made by the learned counsel on both sides, we deem it appropriate to dispose of this writ petition by directing the 6^th respondent Director of Archaeology to take necessary steps to declare the inscriptions found in Vamana Moorthy Temple, Thrikkakara, as ‘protected monuments’ of the State Archaeology Department and preserve the same under the provisions of the Kerala Ancient Monuments and Archaeological Sites and Remains Act, 1958. The 6^th respondent shall depute a competent officer, within one month from the date of receipt of a certified

¶96

¶97

W.P.(C)No.936 of 2021

¶98

copy of this judgment, to conduct an inspection to find out whether there are other stone inscriptions in the Temple, which have also to be preserved. Travancore Devaswom Board shall render necessary assistance to the competent officer deputed by the 6^th respondent, at the time of inspection. In the matter of preservation of stone inscriptions, the Travancore Devaswom Board shall ascertain the opinion of the Thantri of Vanama Moorthy Temple. The competent authority in the Archaeological Survey of India shall give necessary advice to the 6^th respondent Director of Archaeology to preserve the stone inscriptions in Vamana Moorthy Temple, Thrikkakara.

¶99

Sd/- ANIL K. NARENDRAN, JUDGE

¶100

Sd/- P.G. AJITHKUMAR, JUDGE

¶101

dkr

¶102

¶103

W.P.(C)No.936 of 2021

¶104

APPENDIX OF WP(C) 936/2021

¶105

PETITIONER EXHIBITS

¶106

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE TRAVANCORE ARCHAEOLOGICAL SERIES (VOL.2). EXHIBIT P2 TRUE COPY OF THE LETTER ISSUED BY THE 7TH RESPONDENT DATED 22/5/18. EXHIBIT P3 TRUE COPY OF THE LETTER DATED 18/05/2019 SEND BY THE PETITIONER TO THE 3RD RESPONDENT. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 25/12/2020 ISSUED BY THE 1ST RESPONDENT.

Ajoy P.B. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajoy P.B. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

P.M.Balakrishnan Vs the State of Kerala

Dr. Sunil. J Vs Shameer. S

Jose Vs Abdul Sageer

Annai Infra Developers Limited Vs Kerala Water Authority

K.Bharathan @ Bharathan Menon, Vs Puthiyaveettil Karippayil Aboobacker

Suo Motu Vs Travancore Devaswom Board