Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE10H DAY OF JUNE201520TH JYAISHTA, 1937 WP(C).No. 26863 of 2013 (G) ---------------------------- PETITIONER(S): -------------------------- C.PURUSHOTHAMAN, AGED46YEARS, S/O. PUDIYAPARAMBATH NARAYAN, CHAPPARAMBIL HOUSE PERUVALATHUPARAMBU P.O., IRIKKOOR, KASARAGOD DISTRICT. BY ADV. SRI.V.JOHN MANI RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT REVENUE (DEVASWOM) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. THE COMMISSIONER MALABAR DEVASWOM BOARD, HOUSE FED COMPLEX P.O.ERANHIPALAM, KOZHIKODE-673006.
3. THE ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD, KASARAGOD DIVISION NEELESWARAM, KASARAGOD - 671 101. *Addl.R4. SRI.P.MURALEEDHARAN EXECUTIVE OFFICER, MAMANIKKUNNU SREE MAHADEVI TEMPLE MAMANAM, P.O.IRIKKUR, KANNUR -670 593. *ADDL. R4 IS IMPLEADED AS PER ORDER
DATED1911.2013 IN IA154402013. **Addl.R5. THE AUDIT OFFICER(H.R.E.) MALABAR DEVASWAM BOARD, THIRUVANGAD, THALASSERY, KANNUR - 670 103. WP(C).No. 26863 of 2013 (G) ---------------------------- **Addl.R6. THE AKHILA BHARATHA SREEMAD DEVI BHAGAVATHA NAVAHA SATHRA SAMITHI REP. BY ITS GENERAL CONVENOR6H AKHILA BHARATHA SREEMAD DEVI BHAGAVATHA NAVAHA SATRHRAM MAMANIKKUNNU SREE MAHADEVI TEMPLE, MAMANAM, P.O.IRIKKUR, KANNUR - 670 593. **ADDL.R5 AND R6 ARE IMPLEADED AS PER ORDER
DATED0912.2014 IN IA800814. R4 BY ADV. SRI.M.RAMESH CHANDER (SR.) R4 BY ADV. SRI.ANEESH JOSEPH R2&3 BY ADV. SRI.V.KRISHNA MENON, SC, MALABAR DEVASWOM BOARD R2-R3 BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD ADDL.R6 BY ADV. SRI.N.MANOJ KUMAR ADDL.R6 BY ADV. SMT.JAYASREE MANOJ ADDL.R5 BY ADV.A.RANJITH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1006-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26863 of 2013 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- COPY OF ORDER
NO J7.8948/11/M.D.B(K.DIS)DTD2612/2012 ISSUED BY THE2D RESPONDENT P2:- COPY OF THE COMPLAINT DTD313/2012 SUBMITTED BY SRI K V SURESHAN BEFORE THE2D RESPONDENT P3:- COPY OF THE REPORT DTD267/2013 SUBMITTED BY THE3D RESPONDENT TO THE2D RESPONDENT P4:- COPY OF THE REPORT DTD259/2013 SUBMITTED BY THE2D RESPONDENT BEFORE THE IST RESPONDENT P5:- COPY OF THE STATEMENT OF INCOME AND EXPENDITURE SUBMITTED BY THE EXECUTIVE OFFICER P6:- COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI DAILY DTD. 14/2/2013 P7:- COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI DAILY DTD142/2013 AND MALAYALA MANORAMA DAILY DTD. 27/9/2013. P8 : COPY OF THE SCHEME DATED0412.2006 FRAMED BY THE DEPUTY COMMISSIONER, HR &CE (ADMN) DEPARTMENT, KOZHIKODE IN O.A.NO.32 OF2006 P9 : COPY OF MASS PETITION DATED1004.2013 SUBMITTED BY the PETITIONER AND20OTHERS BEFORE THE R2. P10 : COPY OF COMPLAINT DATED0502.2013 MADE BY SRI.SIVADASAM KARIPPAL TO R2. P11 : COPY OF STATEMENT DATED2206.2013 MADE BY SRI.K.V.SURESHAN BEFORE R3. P12 : COPY OF STATEMENT DATED2206.2013 MADE BY SRI.SIVADASAN KARIPPAL BEFORE R3. P13 : COPY OF RECEIPT DATED2502.2013 ISSUED BY the GENERAL CONVENER, NAVAHASATHRA SAMITHI. P14 : COPY OF RECEIPT DATED NIL ISSUED BY THE TREASURER FOR MAHASREECHAKRA POOJA. P15 : COPY OF RECEIPT DATED NIL ISSUED BY THE TREASURER FOR MAHA GURUTHI POOJA. WP(C).No. 26863 of 2013 (G) ---------------------------- P16 : COPY OF CIRCULAR NO.HRH.5/8246/06 DATED1506.2007 ISSUED BY R2. P17 : COPY OF RECOMMENDATION DATED2110.2013 SUBMITTED BY THE SECRETARY TO GOVERNMENT. P18 : COPY OF LETTER DATED2111.2013 ISSUED BY THE GOVERNMENT TOR R2. RESPONDENT(S)' EXHIBITS --------------------------------------- R4(a) : COPY OF APPLICATION DATED2309.2011. R4(b) : COPY OF REPRESENTATION GIVEN TO THE BOARD THROUGH THE ASST.COMMISIONER DATED0111.2011. R4(c) : COPY OF PERMISSION GRANTED BY THE COMMISSIONER DATED1602.2012 FOR THE FORMATION OF THE COMMITTEE. R4(d) : COPY OF NOTICE. R4(e) : COPY OF ORDER
OF THE COMMISSIONER OF THE BOARD DATED2612.2012. R4(f) : COPYT OF ESTIMATED AMOUNT. R4(g) : COPY OF APPLICATION MADE TO THE COMMISSIONER OF THE BOARD DATED3011.2012. R4(h) : COPY OF LETTER ISSUED BY THE ASST.COMMISSIONER DATED1306.2013. R4(i) : COPY OF LETTER ISSUED BY R4 TO THE ASSISTANT COMMISSIONER ON1906.2013. R4(j) : COPY OF REPORT CAME IN MALAYALA MANORAMA DATED2810.2013. R4(k) : COPY OF REPORT CAME IN JANMABHUMI DATED2810.2013. R4(l) : COPY OF REPRESENTATION MADE BY R4 TO THE HON'BLE CHIEF MINISTER AND OTHERS. R4(m) : COPY OF REPRESENTATION TO THE HON'BLE CHIEF MINISTER AND OTHERS SEND BY SATHRA SAMITHI PRESIDENT AND GENERAL CONVENER DATED1112.2013. R4(n) : COPY OF FINAL REPORT. WP(C).No. 26863 of 2013 (G) ---------------------------- R4(o) : COPY OF NOTICE ISSUED BY AUDIT OFFICER, HR & CE AUDIT, THALASSERY DATED0103.2014. R4(p) : COPY OF COMMUNICATION ISSUED BY AUDIT OFFICER DATED0303.2014. R4(q) : COPY OF COMMUNICATION OF R4 DATED0903.2014. R4(r) : COPY OF COMMUNICATION OF THE ASSISTANT COMMISSIONER TO THE COMMISSIONER DATED0202.2013. R4(s) : COPY OF ORDER
ISSUED BY R2 DATED2305.2014. R4(t) : COPY OF ORDER
ISSUED BY R2 DATED2305.2014. R4(u) : COPY OF ORDER
DATED1410.2014 ISSUED BY R2. R4(v) : COPY OF REPORT UNDER RIGHT TO INFORMATION ACT. R6(a) : COPY OF ORDER
DATED2612.2012 OF THE MDB. R6(b) : COPY OF AUDIT REPORT OF THE LOCAL FUND DEPARTMENT, HRE AUDIT, THALASSERY. //TRUE COPY// PA TO JUDGE. jg THOTTATHIL B.RADHAKRISHNAN & SUNIL THOMAS, JJ.
.................................................................... WP(C) No.26863 of 2013 .................................................................... Dated this the 10th day of June, 2015.
JUDGMENT
Thottathil B.Radhakrishnan, J.
1.Heard. 2.Petitioner sought that he is a devotee of Mamanikunnu Sree Mahadevi Temple. He came to this Court alleging that there was an Akhila Bharatha Sreemadh Bhagawathi Navahasatram in the temple, sanction for which was issued by the Malabar Devaswom Board Commissioner and that there was large scale misappropriation and misconduct in terms of management of that particular programme. While matters were pending here, it is seen that the Local Fund Audit had conducted audit and has come out with an audit report which does not accuse any person for any misappropriation. The earlier enquiry reports and other materials which were relied on by the writ petitioner, therefore, go into oblivion; more particularly, when the Police have also filed a WP(C)26863/13 -2- closure report in relation to a proposed prosecution. 3.With the Local Fund Audit Report having come in the manner that we have noted above, nothing survives in this writ petition to be ordered, at the instance of the writ petitioner. In the result, this writ petition is closed recording what is aforesaid and without prejudice to any proceedings that may come touching the matter in due course of time, in accordance with law, from any competent authority. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (SUNIL THOMAS, JUDGE) jg