Disposed

Suo Motu v. State of Kerala

Kerala HC26 Jul 2023DBP/32/2023

Case brief

AI extract

What is this about?

In this suo motu proceeding, the Court addressed allegations from a news report regarding litter and environmental issues during the Thrissur Pooram festival. Quoting prior directions, the Court disposed of the petition by reiterating mandates that the entire Thekkinkad Maidan area be kept plastic-free and that environmental safety levels be maintained by the Devaswom Board and Municipality.

What did the court decide?

Directed the Cochin Devaswom Board and Thrissur Municipal Corporation to ensure the entire Thekkinkad Maidan is kept plastic-free and environmental safety levels are maintained related to plastic and

Suo Motu Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN

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THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR

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WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
DBP NO.32 OF 2023

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IN THE MATTER OF COCHIN DEVASWOM BOARD - VADAKKUMNATHA
TEMPLE, THRISSUR – MATTER PERTAINING TO VARIOUS ALLEGATIONS
IN THE CONDUCT OF THRISSUR POORAM – SUO MOTU PROCEEDINGS
INITIATED BASED ON A NEWS REPORT THAT APPEARED IN KERALA
KAUMUDI DAILY DATED 10.05.2023 - REG.

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------------

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PETITIONER:

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SUO MOTU

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN- 695001

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2 COCHIN DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, ROUND NORTH, THRISSUR-680 001

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3 COMMISSIONER COCHIN DEVASWOM BOARD, SWARAJ ROUND NORTH, ROUND NORTH, THRISSUR, PIN -680 001

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4 ASSISTANT COMMISSIONER COCHIN DEVASWOM BOARD, THRISSUR GROUP, SWARAJ ROUND NORTH, THRISSUR, PIN -680 001

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5 DEVASWOM OFFICER, VADAKKUMNATHA DEVASWOM,SWARAJ ROUND NORTH, THEKKINKAD MAIDAN, THRISSUR-680 001

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6 TEMPLE ADVISORY COMMITTEE OF VADAKKUMNATHA TEMPLE , REPRESENTED BY ITS SECRETARY , SWARAJ ROUND NORTH, THEKKINKAD MAIDAN, THRISSUR -680 001

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7 THRISSUR MUNICIPAL CORPORATION REPRESENTED BY ITS SECRETARY, M.O.ROAD, THEKKINKAD MAIDAN, THRISSUR- 680 001

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8 THE DIRECTOR DEPARTMENT OF ARCHAEOLOGY, SUNDARAVILASOM PALACE

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DBP No.32 of 2023

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FORT P.O., THIRUVANANTHAPURAM, PIN - 695 023

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9 ADDL R9- PARAMEKKAVU DEVASWOM REPRESENTED BY ITS SECRETARY, GEETHANJALI BUILDING, ROUND EAST, THRISSUR - 680 001

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10 ADDL R10- THIRUVAMBADY DEVASWOM REPRESENTED BY ITS SECRETARY, THIRUVAMBADY DEVASWOM OFFICE, THIRUVAMBADY DEVASWOM BUILDING, ROUND WEST, THRISSUR - 680 001

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11 ADDL R11- THRISSUR POORAM EXHIBITION COMMITTEE
IIND FLOOR, THIRUVAMBADY DEVASWOM BUILDING, ROUND
WEST THRISSUR - 680 001, REPRESENTED BY ITS
SECRETARY RAJESH, AGED 58 YEARS, S/O.LATE
V.G.PODUVAL, RESIDING AT CHANDRA VILLA
KEERAMKULANGARA, THRISSUR-680 005 *ARE SUO MOTU
IMPLEADED AS ADDITIONAL RESPONDENTS 9 TO 11 VIDE
ORDER DATED 29/05/2023 IN DBP.NO.32/2023

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BY ADVS.
K.P. SUDHEER ADVOCATE
P.B.SUBRAMANYAN P B
SANTHOSH P.PODUVAL
AJITH VISWANATHAN
N.K.SUBRAMANIAN
M.RAMESH CHANDER (SR.)
P.B.KRISHNAN(K/1193/1994)
SABU GEORGE(K/000711/1998)
MANU VYASAN PETER(K/000652/2013)
MEERA P.(K/000191/2019)
GOVIND G. NAIR

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OTHER PRESENT:

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SRI S.RAJMOHAN - SR GOVERNMENT PLEADER, SRI
P.RAMACHANDRAN - AMICUS CURIAE

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THIS DEVASWOM BOARD PETITION HAVING COME UP FOR
ADMISSION ON 26.07.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

DBP No.32 of 2023

ORDER

Anil K. Narendran, J.

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This DBP was registered suo motu based on a news item that appeared in Kerala Kaumudi daily dated 10.05.2023, regarding the entry of Assistant Devaswom Commissioner, Thrissur, Law Officer and other Senior Officials of the Cochin Devaswom Board in the Thekke Gopuranada of Vadakkumnatha Temple, which is in a dilapidated condition. The photograph, which forms part of the

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news report, shows a heap of plastic containers used for distributing food and also empty pet bottles near the Thekke Gopuranada of Vadakkumnatha Temple. The news report contains serious allegations against the Devaswom Officials, Members of the Temple Advisory Committee of Vadakkumnatha Temple and the officials of Thrissur Municipal Corporation. As per the news report, ‘Sudhi-Karmam’ in Vadakkumnatha Temple was conducted on 10^th , 11^th and 12^th .

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On 23.05.2023, when this DBP came up for

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consideration, the Director, Department of Archaeology was suo motu impleaded as the additional 8^th respondent. The learned Senior Government Pleader and the learned Standing Counsel for Cochin Devaswom Board were directed to get instructions.

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On 29.05.2023, when the matter was taken up for

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DBP No.32 of 2023

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consideration, Paramekkavu Devaswom, represented by its Secretary; Thiruvambady Devaswom, represented by its Secretary; and Thrissur Pooram Exhibition Committee, represented by its Secretary were suo motu impleaded as additional respondents 9 to 11. Adv. Ajith Viswanathan took notice for the additional 9^th respondent. Adv. N.K.Subramaniyan took notice for the additional 10^th respondent and Adv. Govind G. Nair took notice for the additional 11^th respondent.

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On 14.07.2023, when this DBP came up for consideration along with connected matters, this Court directed the Devaswom Officer, Vadakkumnatha Devaswom to ensure strict compliance of the directions contained in the judgment of this Court dated 11.04.2023 in W.P.(C)No.4617 of 2022.

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An affidavit dated 19.06.2023 has been placed on record on behalf of the 2^nd respondent Cochin Devaswom Board. Paragraphs 2 to 4 of the said affidavit read thus;

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''2. It is submitted that the above DBP was registered suo motu based on a news item that appeared in Kerala Kaumudi daily dated 10.05.2023, regarding the entry of the senior officials of the 2^nd respondent Board in the Thekke Gopuranada of Vadakkumnatha Temple. It is alleged in the news item that the Thekke Gopuranada is in a dilapidated condition. At the outset, it is respectfully submitted that the allegation in the news item that Thekke Gopuranada is in a

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DBP No.32 of 2023

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dilapidated condition is factually incorrect. Thekke Gopuranada was renovated and the same is not in a dilapidated condition as alleged in the news item. The office of the Archaeology Department and their storeroom are functioning in Thekke Gopuram. There is no restriction in entering Thekke Gopuram by the Archaeology Department and news reporters and their photographers were taking photographs from Thekke Gopuranada during Kudamattom, in connection with Thrissur Pooram festival. The officials of the Archaeology Department used to watch Pooram festival from Thekke Gopuram. It is submitted that, this year also the news reporters as well as the officials of the Archaeology Department were present in Thekke Gopuram. The officials of the Devaswom Board, including the Thrissur Group Assistant Commissioner and the Law Officer went to Thekke Gopuram along with the police officials in connection with their official duties. The allegation in the news item that the Assistant Commissioner, Law Officer and 50 others entered Thekke Gopuram is incorrect.

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It is submitted that the officials of the Devaswom have not used footwear inside the temple compound. "Shudhi karmam'' will be carried out after Pooram festival and the attempt made in the news item that the same was done for the first time is made without any basis and without verifying the actual facts. The news item further alleges that all four gopurams of Vadakkumnatha Temple are in a dilapidated condition is incorrect. The western as well as southern gopurams were renovated. There is no restriction for entering the gopurams. The allegation that spotlights were used since the gopurams were in a dilapidated condition is also incorrect. The further statement that the

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DBP No.32 of 2023

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District Administration issued directions not to enter the gopuram is also incorrect. The allegation that the officials of the Archaeology Department restrained the officials of the Board and that the officials entered Thekke Gopuram bypassing the officials of the Archaeology Department is incorrect. In fact, the officials of the Devaswom Board carried out the official duties with the assistance of the officials of the Archaeology Department as well as the District Administration.

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It is submitted that the news report shows a heap of plastic containers used for distributing food and also empty pet bottles near the Thekke Gopuranada. It is submitted that the officials of the Devaswom have not distributed any food items inside the temple nor kept any plastic containers or pet bottles were kept inside the Kshethra mathilkettu. It is also totally incorrect that non-vegetarian food was distributed during Pooram festival. The further allegation that on Pooram day, liquor party was conducted inside the kshetra mathilkakam is incorrect. In fact, on Pooram day, regular poojas and rituals were performed in the temple. If any such incident as alleged has taken place, the 2^nd respondent is duty bound to take appropriate disciplinary actions against the erring officials.''

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Heard the learned Senior Government Pleader for

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respondents 1 and 8, the learned Standing Counsel for Cochin Devaswom Board for respondents 2 to 5, the learned counsel for the 6^th respondent, the learned Standing Counsel for Thrissur Municipal Corporation for the 7^th respondent, the learned Senior counsel for the additional 9^th respondent Paramekkavu

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DBP No.32 of 2023

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Devaswom, the learned counsel for the additional 10^th respondent Thiruvambadi Devaswom and the learned Senior Counsel for the additional 11^th respondent Thrissur Pooram Exhibition Committee. 7. The Travancore-Cochin Hindu Religious Institutions Act, 1950, was made for making provisions for the administration, supervision and control of incorporated and unincorporated Devaswoms and of other Hindu Religious Endowments and Funds. Chapter VIII of the Act deals with Cochin Devaswom Board. Section 62 of the Act deals with vesting of administration in the Board. As per sub-section (1) of Section 62, the administration of incorporated and unincorporated Devaswoms and Hindu Religious Institutions which were under the management of the Ruler of Cochin immediately prior to the first day of July, 1949 either under Section 50G of the Government of Cochin Act, XX of 1113, or under the provisions of the Cochin Hindu Religious Institutions Act, 1 of 1081, and all their properties and funds and of the estates

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and all institutions under the management of the Devaswom Department of Cochin, shall vest in the Cochin Devaswom Board. As per sub-section (2) of Section 62, notwithstanding the provisions contained in sub-section (1), the regulation and control of all rituals and ceremonies in the temple of Sree

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Poornathrayeesa at Trippunittura and in the Pazhayannur

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DBP No.32 of 2023

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Bhagavathy temple at Pazhayannur shall continue to be exercised as hitherto by the Ruler of Cochin.

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Section 62A of the Act, inserted by Act 14 of 1990, deals with Devaswom properties. As per Section 62A, all immovable properties vested in the Cochin Devaswom Board under sub-section (1) of Section 62 shall be dealt with as Devaswom Properties. The provisions of the Kerala Land Conservancy Act, 1957 shall be applicable to Devaswom lands as in the case of Government lands. As per Section 62B, all unassigned lands belonging to the Devaswom under the sole management of the Board shall be deemed to be the property of the Government for the purpose of the Kerala Land Conservancy Act, 1957 and all the provisions of that Act shall, so far as they are applicable, apply to such lands.

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Section 68 of the Act provides for administration by the Board as a trustee. As per sub-section (1) of Section 68, subject to the provisions of the Act and of any other law for the time being in force, the Board shall be bound to administer the affairs of incorporated and unincorporated Devaswoms and institutions under its management in accordance with the objects of the trust, the established usage and customs of the institutions and to apply their funds and property for such purposes. As per sub-section (2)

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DBP No.32 of 2023

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of Section 68, notwithstanding anything contained in sub-section (1), the Board may, out of the funds under their control, set apart such sum as they deem fit for the educational uplift, cultural advancement and economic betterment of the Hindu community, after providing adequately for the purposes of the institutions which have to be met from the said fund.

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Section 73A of the Act deals with duties of the Board. As per Section 73A, it shall be the duty of the Board to perform the functions enumerated in clauses (i) to (iv), namely, (i) to see that the regular traditional rites according to the practice prevalent in the religious institution are performed promptly; (ii) to monitor whether the administrative staff and employees and also the employees connected with religious rites are functioning properly; (iii) to ensure proper maintenance and upliftment of the Hindu Religious Institutions; (iv) to establish and maintain proper facilities in major temples for the devotees.

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Section 74 of the Act deals with vesting of jurisdiction in the Board. As per Section 74, subject to the provisions of subsection (2) of Section 62, all rights, authority and jurisdiction belonging to or exercised by the Ruler of Cochin prior to the 1^st day of July, 1949 in respect of incorporated and unincorporated Devaswoms and Institutions shall vest in and be exercised by the

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DBP No.32 of 2023

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Board in accordance with the provisions of the Act. Section 74 of the Act deals with superintendence and control by the Board. As per Section 64, the Board shall, subject to the provisions of Part II of the Act, exercise supervision and control over the acts and proceedings of all officers and servants of the Board and of the Devaswom Department.

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The stand taken in the affidavit filed on behalf of the 2^nd respondent Cochin Devaswom Board is that Thekke Gopuranada of Vadakkumnatha Temple was renovated, which is not in a dilapidated condition as alleged in the news item. The office of the Archaeology Department and the storeroom are functioning in Thekke Gopuram. There is no restriction in entering Thekke Gopuram by the Archaeology Department and news reporters and their photographers were taking photographs from Thekke Gopuranada during Kudamattom, in connection with Thrissur Pooram festival. The officials of the Devaswom never used footwear inside the temple compound. ‘Shudhi karmam’ will be carried out in Vadakkumnatha Temple after every Pooram festival.

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The photograph, which forms part of the news report that appeared in Kerala Kaumudi daily dated 10.05.2023, shows a heap of plastic containers used for distributing food and also empty pet bottles near the Thekke Gopuranada of Vadakkumnatha

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DBP No.32 of 2023

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Temple. In the affidavit filed on behalf of the 2^nd respondent Cochin Devaswom Board is that the officials of the Devaswom have not distributed any food items inside the temple or kept any plastic containers or pet bottles inside the Kshethra mathilkettu. The allegation that on Pooram day, a liquor party was conducted inside the kshetra mathilkakam is also incorrect. As a matter of fact, on Pooram day, regular poojas and rituals were performed in Vadakkumnatha Temple. It is also totally incorrect that nonvegetarian food was distributed during the Pooram festival. If any such incident as alleged has taken place, the 2^nd respondent is duty bound to take appropriate disciplinary actions against the erring officials.

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A temple is the focal point in the life of a community and often represents its pride, identity and unity. The worship takes place in the sanctum sanctorum and within the temple premises and the festivals involve the direct participation of the entire community, which are the expression of a community’s joy, exuberance, devotion and pride and are also an idiom of a community’s cohesiveness. Therefore, in discharge of the statutory duty under Section 73A of the Travancore-Cochin Hindu Religious Institutions Act, the Cochin Devaswom Board and its officials have to ensure that the festivals in Vadakkumnatha

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DBP No.32 of 2023

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Temple are conducted in an accustomed manner, enabling all worshippers to exercise their right to worship subject to the practice and tradition in that temple.

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In the judgment dated 28.03.2003 in O.P. No. 8521 of 2003 and C.M.Ps in DBA. No. 143 of 2002 a Division Bench of this Court permitted the use of the exhibition ground in Thekkinkad Maidan for conducting Onam Fair by Civil Supplies Corporation, etc. Based on CDB Report No. 125 of 2010 of the learned Ombudsman, DBP. No. 48 of 2010 was initiated, which was disposed of by the order dated 08.07.2013, making the interim order dated 08.06.2011 in that DBP absolute. The said interim order is extracted in paragraph 2 of the order dated 08.07.2013. Paragraph 10 of the interim order dated 08.06.2011 is extracted hereunder;

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“10. We are also told that there are no hoardings and advertisement boards inside Thekkindkadu Maidan, we also further direct that the Secretary, Cochin Devaswom Board will ensure that the entire Thekkinkadu Maidan is kept plastic-free. The Secretary of the Thrissur Corporation is also directed to ensure that the environmental safety levels are maintained in connection with plastic and non-biodegradable and also biodegradable substances insofar as Thekkinkadu Maidan is concerned particularly because it is an area

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DBP No.32 of 2023

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which attracts the public.”

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Therefore, the 2^nd respondent Cochin Devaswom Board

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and the 7^th respondent Thrissur Municipal Corporation shall ensure

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that the entire Thekkinkadu Maidan is kept plastic-free and that

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the environmental safety levels are maintained in the entire Maidan in connection with plastic and non-biodegradable and also biodegradable substances.

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With the above directions, this DBP is disposed of.

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Sd/ANIL K. NARENDRAN, JUDGE

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Sd/P.G. AJITHKUMAR, JUDGE

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Dxy

Suo Motu v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suo Motu 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

Cases cited

Statutes considered

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