P.R.Ramachandra Menon, J. This matter has been registered pursuant to Report No.12 of 2017 submitted by the learned Ombudsman with reference to the arbitrary cancellation of Annexure-B No Objection Certificate given by the Archaeological Department after having issue the same earlier based on the directions given by this Court considering the immediate requirement.
2. Heard Sri.Anil Kumar K.N.Pillai, learned standing counsel for the Devaswom Board, Sri.P.Ramachandran, learned Amicus Curiae and the learned Government Pleader.
3. The sequence of events revealed from the proceedings is that the Administrative Officer in charge of the Travancore Devaswom Board, Sree Parasurama Temple, Thiruvallam in Trivandrum District had submitted application for permission for construction of a water tank in the prohibited area at a distance of 22 metres near the Sree Parasurama Temple, Thiruvallam D.B.P.12/2017 2 undertaking to observe the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Rules made there under. The application was considered by the competent Authority of the Archaeological Survey of India who granted Annexure-B NOC dated 23.07.2016 to proceed with the construction subject to the provisions of the Act and Rules and the conditions specifically mentioned therein. The conditions are as follows: