Kerala HC clears road widening project near Kannur temple, mandates planting 400 trees

The Kerala High Court has allowed a road-widening project near Madayi Kavu Bhagavathy Temple in Kannur, subject to strict conditions, including planting at least 400 trees. A Division Bench of Justice Raja Vijayaraghavan V and Justice K V Jayakumar noted that the project area, Madayipara, is an “ecological paradise” and biodiversity hotspot, and issued directions to ensure sustainable development.

The court was hearing two writ petitions challenging the project. One alleged that the Public Works Department (PWD) and the Malabar Devaswom Board lacked authority to widen the road by destroying temple property and biodiversity, and that prior sanction under Section 29 of the Madras Hindu Religious & Charitable Endowments Act, 1951 was not obtained. It also claimed the project was being carried out without land acquisition and by trespassing into temple property.

The second petition alleged encroachment into private property by the temple and the PWD contractor during the work.

The PWD Executive Engineer submitted that the road to the temple is narrow and in poor condition, causing difficulty for devotees. It was stated that Chirakkal Kovilakam had surrendered land to increase the road width from 6 metres to 8.5 metres, eliminating the need for land acquisition. The MLA for Kalliassery has sanctioned ₹1.42 crore for the project.

Authorities assured the court that construction would not disturb the area’s biodiversity. The State and the Malabar Devaswom Board supported the project.

Describing Madayipara, the court said the 600–700 acre plateau, located along the Kuppam river and rising 40–47 metres above sea level, is rich in flora and fauna, with over 500 plant species including rare and endemic varieties. It also hosts diverse butterfly and bird species, including migratory birds, and has ecological, hydrological, geological and cultural significance.

Referring to Supreme Court rulings such as NHAI v. Pandarinathan Govindarajulu and Auroville Foundation v. Navroz Kersasp Mody, the Bench emphasised the principle of sustainable development. It held that the extent of widening proposed does not pose a real ecological threat and would improve safety for devotees.

On Section 29 of the Act, the court said prior sanction was not required as the land use was only temporary and did not amount to transfer of property. On the encroachment claim, it noted that the petitioner has already approached a civil court and said the issue cannot be decided under Article 226.

While dismissing both petitions, the court issued the following directions:

• The project must not damage biodiversity, including ponds, water bodies, flora and fauna.
• At least 400 indigenous trees must be planted in consultation with the Divisional Forest Officer by June 2026. Video records and an affidavit must be submitted by July 15, 2026.
• The PWD Executive Engineer will oversee the process, while the temple authorities and trustees must ensure maintenance of saplings.
• A comprehensive afforestation plan for Madayipara must be prepared by the Forest Department and submitted to the court by July 15, 2026.
• The Madai Grama Panchayat must strictly enforce green protocols.

The case has been posted to July 16, 2026 for a compliance report.
(With Livelaw inputs)