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High Court of KeralaWP(C)/1067/2015disposed of

G.Ramankutty Nair v. The Travancore Devaswom Board

2015-03-04Honourable Mr.Justice P.N.Ravindran6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 4TH DAY OF MARCH 2015/13TH PHALGUNA, 1936 WP(C).No. 1067 of 2015 (G) PETITIONER(S):

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1. G.RAMANKUTTY NAIR, S/O.GOVINDA PILLAI.G., NADAVANTHIL HOUSE, KIZHAKKUMMURI KAVUMBHAGOM P.O., THRIUVALLA-2, PATHANAMTHITTA DISTRICT.

2. V.SREEKUMAR S/O.M.VASUDEVAN NAIR, KONGARETTU HOUSE, MATHILBHAGOM THIRUVALLA-2, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S):

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1. THE TRAVANCORE DEVASWOM BOARD OFFICE OF THE TRAVANCORE DEVASWOM BOARD BUILDINGS NANDANCODE, THIRUVANANTHAPURAM-695 001 REPRESENTED BY ITS SECRETARY.

2. THE DEVASWOM COMMISSIONER OFFICE OF THE TRAVANCORE DEVASWOM COMMISSIONER DEVASWOM BOARD BUILDINGS, NANDANCODE THIRUVANANTHAPURAM-695 001

3. THE ASSISTANT DEVASWOM COMMISSIONER OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER THIRUVALLA GROUP, THIRUVALLA-689 101.

4. THE SUB GROUP OFFIER OFFICE OF THE SUB GROUP OFFICER, THIRUVALLA DEVASWOM THIRUVALLA-689 101.

5. THE TEMPLE ADVISORY COMMITTEE OF SREE VALLABHA MAHA TEMPLE THIRUVALLA, OFFICE OF THE TEMPLE ADVISORY COMMITTEE OF SREE VALLABHA MAHA TEMPLE, THIRUVALLA 689101 REPRESENTED BY ITS SECRETARY.

6. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF DEVASWOM, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.

7. THE DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION) OFFICE OF THE DEVASWOM COMMISSIONER DEVASWOM BOARD BUILDINGS, NANDANCODE THIRUVANANTHAPURAM-695 001

8. THE CHIEF VIGILANCE OFFICER TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS NANDANCODE, THIRUVANANTHAPURAM-695 001.

R5 BY ADV. SRI.SAJITH KUMAR V.

R5 BY ADV. SRI.P.K.ANTONY R1-R4,R7,R8 BY ADV. SRI.D.SREEKUMAR, SC, TDB R5 BY ADV. SRI.K.GOPALAKRISHNA KURUP (SR.) BY SR. GOVERNMENT PLEADER SRI.A.RENJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1067 of 2015 (G)

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.TRUE COPY OF THE BYE-LAWS PUBLISHED U/S.35 OF THE TRAVANCORE COCHIN HINDU RELIGIOUS INSTITUTIONS ACT, 1950. EXT.P2.TRUE COPY OF THE PROCEEDINGS DATED 7/11/2014 PASSED BY RESPONDENT NO.7.

EXT.P3.TRUE COPY OF THE COMPLAINT DATED 25/11/2014 SUBMITTED BY PETITIONER NO.2 BEFORE RESPONDENT NO.1 BOARD. EXT.P4.TRUE COPY OF THE REPORT DATED 5/3/2014 SUBMITTED BY RESPONDENT NO.2 BEFORE THIS HONOURABLE COURT IN WPC NO.3206/2014. EXT.P5.TRUE COPY OF THE SHOW CAUSE NOTICE DATED 21/5/2014 ISSUED BY RESPONDENT NO.2 TO RESPONDENT NO.5.

EXT.P6.TRUE COPY OF THE COMPLAINT DATED 28/10/2014 SUBMITTED BEFORE RESPONDENT NO.8 EXT.P7.TRUE COPY OF THE COMPLAINT DATED 16/8/2014 SUBMITTED BY PETITIONER NO.2 BEFORE RESPONDENT NO.4.

EXT.P8.TRUE COPY OF THE COMPLAINT DATED 10/12/2014 SUBMITTED BY PETITIONER NO.2 BEFORE RESPONDENT NO.3 EXT.P9.TRUE COPY OF ONE SUCH JOINT COMPLAINT DATED 27/10/2014 SUBMITTED BEFORE RESPONDENT NO.2 EXT.P10.TRUE COPY OF THE REPRESENTATION DATED 6/1/2015 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1 SEEKING CANCELLATION OF EXT.P2 PROCEEDINGS AND TO CONDUCT FRESH ELECTION TO THE TEMPLE ADVISORY COMMITTEE OF SREE VALLABHA MAHA TEMPLE, THIRUVALLA. RESPONDENT(S)' EXHIBITS --------------------------------------- EXHIBIT-R5(a) TRUE COPY OF THE PROGRAMME NOTICE OF THE ANNUAL FESTIVAL OF SREEVALLABHA TEMPLE FOR THE YEAR 2015 EXHIBIT-R5(b) TRUE COPY OF THE CIRCULAR DTD 6.3.2014 ISSUED BY THE 2ND RESPONDENT EXHIBIT-R5(c) TRUE COPY OF THE EXPLANATION DTD 24.6.2014 SUBMITTED BY THE 5TH RESPONDENT //TRUE COPY// P.S. TO JUDGE vps

P.N.RAVINDRAN & ANIL K.NARENDRAN, JJ.

W.P.(C) No.1067 of 2015 -------------------------- Dated this the 4th day of March, 2015

J U D G M E N T

P.N.Ravindran, J.

The petitioners, who are devotees of Sree Vallabha Maha Temple, Thiruvalla, have filed this writ petition mainly challenging Ext.P2 proceedings dated 7.11.2014 issued by the Deputy Devaswom Commissioner, Travancore Devaswom board, Thiruvananthapuram whereby term of the Temple Advisory Committee was extended by a period of six months. The Temple Advisory Committee was constituted on 4.12.2012. Its term came to an end on 3.12.2014. By the impugned order, the term of the committee was extended for a further period of six months.

2. Though various contentions are raised, when the writ petition came up for hearing today, Sri.K.Gopalakrishna Kurup, learned Senior Advocate appearing for the 5th respondent submitted that notwithstanding the fact that the term of office has been extended by a further period of six months, as the extension of term was sought for the purpose of holding the annual festival which was held on 2.3.2015, the Temple Advisory Committee is agreeable to demit office on 15.3.2015. In the light of the aforesaid submission,

W.P.(C) No.1067/2015 we are of the opinion that no purpose will be served by going into the merits of the rival contentions at this stage. We accordingly dispose of the writ petition recording the undertaking made and given on behalf of the 5th respondent that the 5th respondent will demit office on 15.3.2015 and with a direction to the competent authority among the respondents to constitute a new Temple Advisory Committee in accordance with the guidelines governing the field expeditiously and in any event within 30 days from 15.3.2015. The contentions of both sides on the merits are kept open. The learned counsel appearing for the Travancore Devaswom Board is permitted to take back the files leading to Ext.P2. P.N.RAVINDRAN, (JUDGE) ANIL K.NARENDRAN, (JUDGE) vps