Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE2D DAY OF SEPTEMBER201411TH BHADRA, 1936 WP(C).No. 20638 of 2014 (D) ---------------------------- PETITIONERS: -------------------------- 1. K.VIJAYAKUMAR S/O. KUNJAN PILLAI, POKKATTU , PALLIKKAL NOORANADU.P.O., PATHANAMTHITTA-690504.
2. SREERAJ.M. S/O. MADHAVAN PILLAI, ERICKAL, PALLIKKAL NOORANDU.P.O., PATHANAMTHITTA-690504. BY ADVS.SRI.G.BIJU SRI.S.JAYAPRAKASH (MADAVOOR) RESPONDENTS: ---------------------------- 1. TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM HEAD QUARTERS NANTHANCODE, THIRUVANANTHAPURAM-695001.
2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTRS NANTHENCODE, THIRUVANANTHAPURAM-695001.
3. THE ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KARUNAGAPPALLY GROUP KARUNAGAPPALLY-690518.
4. THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, PALLIKKAL SUB GROUP PALLIKKAL, NOORANADU.P.O., PATHANAMTHITTA-690504.
5. THE TEMPLE ADVISORY COMMITTEE, PALLIKKAL SREE KANTALA SWAMI TEMPLE REPRESENTED BY ITS SECRETARY, AJAYAKUMAR RESIDING AT VELMPARAMBIL, PALLIKKAL NOORANADU.P.O. PATHANAMTHITTA-690504.
6. GOPAKUMAR, PRESIDENT TEMPLE ADVISORY COMMITTEE PALLIKKAL SREE KANTALA SWAMI TEMPLE RESIDING AT KRISHNA SAILAM, PALLIKKAL, NOORANADU.P.O. PATHANAMTHITTA-690504. R1-R4 BY ADV. SRI.D.SREEKUMAR, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON0209-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20638 of 2014 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1. TRUE COPY OF THE PRASHNACHARTH. P2. TRUE COPY OF THE CHARTH GIVEN BY THE ASTROLOGISTS IN THE ASHTAMANGALA DEVAPRASNAM CONDUCTED IN DECEMBER2011 P3. TRUE COPY OF THE LIST OF THE DEVOTTEES ASSEMBLED IN THE TEMPLE PREMISES ON233-2014. P4. TRUE COPY OF THE REQUEST GIVEN TO BOARD BY THE DEVOTEES OF THE TEMPLE. RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R4(a) TRUE COPY OF the RECOMMENDATION LETTER SENT BY THE THANTHRI TO THE ASSISTANT COMMISSIONER, DEVASWOM, KARUNAGAPPALLY DATED310.2013 R4(b) TRUE COPY OF THE LETTER SENT BY THE THANTHRI DATED153.2014 TO THE DEVASWOM COMMISSIONER, KARUNAGAPPALLY R4(c) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE TEMPLE ADVISORY COMMTITEE BEFORE THE TRAVANCORE DEVASWOM BOARD DATED1410.2013 R4(d) TRUE COPY OF THE REPORT DATED249.2013 SENT BY THANTHRI TO THE ASSISTANT COMMISSIONER, DEVASWOM R4(e) TRUE COPY OF THE ORDER
ROC NO.2965/14/M DATED48.2014 ISSUED BY THE SECRETARY, TRAVANCORE DEVASWOM BOARD R4(f) TRUE COPY OF THE REPORT OF THE ASSISTNAT DEVASWOM COMMISSIONER NO.1011 DATED58.2014 R4(g) TRUE COPY OF THE LETTER DATED58.2014 SENT BY THE THANTHRI TO THE ASSISTANT COMMISSIONER R4(h) TRUE COPY OF THE REPORT NO.1326 DATED68.2014 SUBMITTED BY THE ASSISTANT DEVASWOM COMMISSIONER R4(i) TRUE COPY OF THE NOTICE NO.ROC203214/M.1 DATED78.2014 ISSUED BY THE COMMISSIONER, DEVASWOM BOARD R4(j) TRUE COPY OF THE REPLY SENT BY THE PALLIKKAL SUB GROUP OFFICE TO THE OMBUDSMAN, TRAVANCORE KOCHI DEVASWOM BOARD R4(k) TRUE COPY OF THE PUBLIC NOTICE EXPLAINING THE REASON /TRUE COPY/ PA TO JUDGE T.R.RAMACHANDRAN NAIR & P.V.ASHA, JJ.
- - - - - - - - - - - - - - - - - - - - - W.P.(C)No.20638 OF2014- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2014 JUDGMENT
Ramachandran Nair, J.
The petitioners are devotees of Pallikkal Sree Kantala Swami Temple administered by the Travancore Devaswom Board. This writ petition is filed mainly for a direction to the respondents not to demolish the present Dhwajam in Pallikkal Sree Kantala Swami Temple. Even though notice was issued to the office bearers of the present Temple Advisory Committee, there is no appearance.
2. After hearing the learned counsel for the petitioners and the learned Standing Counsel for the Travancore Devaswom Board, we referred the matter for consideration by the learned Ombudsman by interim order dated 14.8.2014. The learned Ombudsman has filed a detailed report as Report No.131/2014 before this Court.
3. We have perused the report and we heard the learned counsel for the petitioners and the learned Standing Counsel for the Board Sri.D.Sreekumar. W.P.(C)No.20638/2014 2 4. It is clear from the report that the learned Ombudsman had occasion to hear both sides including the Sub Group Officer, who has filed a counter affidavit. The learned Ombudsman had contacted the Thanthri of the temple also, who had given his opinion on various aspects. Ultimately, the following suggestion has been made by the learned Ombudsman in the operative portion of the report : " In view of the above circumstances, it seems that it may be necessary to see that the Assistant Commissioner, Travancore Devaswom Board, Karunagappalli, is directed to obtain necessary directions from the Thanthri in writing for further steps to be taken in the matter and respondents may be directed to act according to such directions." 5. In the light of the above, the learned Standing Counsel for the Board submits that this Court may direct the Assistant Commissioner of the Travancore Devaswom Board, Karunagappally to get the written opinion of the Thanthri for further steps to be taken in the matter. In fact it is the contention of the petitioners that there should be a 'Ottarashi Prashnam' for resolving the issue. We are not expressing anything on the same. We accept the suggestion of the learned Ombudsman that the last word in the matter should be of the Thanthri. We direct the Assistant Commissioner of W.P.(C)No.20638/2014 3 the Travancore Devaswom Board, Karunagappally to get the views of the Thanthri in writing urgently and the authorities of the Travancore Devaswom Board are directed to take further steps in accordance with the opinion of the Thanthri as expeditiously as possible, since the work in question, if at all to be conducted, shall not be delayed. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE P.V.ASHA, JUDGE sv. W.P.(C)No.20638/2014 4