Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HON'BLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 10TH DAY OF JANUARY 2013 20TH POUSHA 193 WP(C).No. 846 of 2013 (E) ------------------------- PETITIONER(S): -------------------------- GANESH G., AGED 3 YEARS S/O. P.GOPINATHA IYER,TC 7/1729(2),SAKETHAM ULLOOR GRAMAM,MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM-11. BY ADVS.SRI.SHAJI P.CHALY SRI.R.SANJITH RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY,MINISTRY FOR DEVASWOM SECRETARIAT,THIRUVANANTHAPURAM-695 001.
2. TRAVANCORE DEVASWOM BOARD NANTHANCODE,KOWDIAR P.O.,THIRUVANANTHAPURAM-695 003 REPRESENTED BY ITS SECRETARY.
3. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD,NANTHANCODE,KOWDIAR P.O. THIRUVANANTHAPURAM-695 003.
4. DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION) TRAVANCORE DEVASWOM BOARD,NANTHANCODE,KOWDIAR P.O. THIRUVANANTHAPURAM-695 003.
5. ASSISTANT DEVASWOM COMMISSIONER (ULLOOR GROUP) TRAVANCORE DEVASWOM BOARD,NANTHANCODE,KOWDIAR P.O. THIRUVANANTHAPURAM-695 003.
6. SUB GROUP OFFICER ULLOOR SUB GROUP,TRAVANCORE DEVASWOM BOARD NANTHANCODE,KOWDIAR P.O.,THIRUVANANTHAPURAM-695 003. R BY ADV.RAMPRASAD UNNI, SR.GOVERNMENT PLEADER R BY SRI.G.BIJU,SC,TRAVANCORE DEVASWOM BOARD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 846/13 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE MINUTES OF THE GENERAL BODY MEETING DTD.14.12.2012. P2 : COPY OF THE LIST OF THE ADVISORY COMMITTEE MEMBERS ALONG WITH THE COVERING LETTER OF THE 5TH RESPONDENT. P3 : COPY OF THE FINAL NOTIFICATION OF THE 2ND RESPONDENT BEARING ROC NO.1809/09/NS DTD.30.11.2011. P4 : COPY OF THE COMPLAINT DTD.15.12.2012. P5 : COPY OF THE COMPLAINTS DTD.19.12.2012. P6 : COPY OF THE REPORT OF THE 5TH RESPONDENT. P7 : COPY OF THE MINUTES OF THE MEETING DTD.29.10.2012. P8 : COPY OF THE ORDER DTD.3.1.2013 BEARING NO.ROC 23916/12/NS.1. P8A: COPY OF THE REPRESENTATION DATED 07 01/13 PREFERRED BY THE PETITIONER. P9 : COPY OF THE ORDER DTD.7.1.2013 BEARING NO.ROC23916/12/NS.1. //TRUE COPY// PA TO JUDGE. jg THOTTATHIL B.RADHAKRISHNAN & A.V.RAMAKRISHNA PILLAI, JJ.
.................................................................... WP(C) No.846 of 2013 .................................................................... Dated this the 10th day of January, 2013. JUDGMENT
Thottathil B.Radhakrishnan, J.
The petitioner challenges the decision of the Commissioner refusing to grant approval to a temple advisory committee. The learned Standing Counsel for the Travancore Devaswom Board has placed before us a report submitted by the Deputy Commissioner to the Devaswom Commissioner, on which the Devaswom Commissioner had acted. Essentially, there are allegations and the counter allegations as to whether the complaint had any foundation at all, and whether the constitution of the temple advisory committee claimed by the petitioner is in terms of the bye-laws governing such constitution. These are matters which can now be considered only by the Board. Such issues on facts, particularly in connection with the constitution of a temple advisory WPC 846/13 -2- committee in terms of the bye-laws, would not gain attention under Article 226 of the Constitution of India. We, therefore, order this writ petition directing that if the petitioner makes appropriate representation to the Travancore Devaswom Board against the decision of the Commissioner, the Board will give appropriate opportunity of being heard and decide on the matter, in accordance with law. Until then, the ad hoc committee stated to have been constituted following the disbandment of the elected committee, will be in the office in view of the ensuing Thaipooyam. This writ petition is ordered accordingly. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (A.V.RAMAKRISHNA PILLAI, JUDGE) jg