Chovva Maha Sivakshethra v. The Executive Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 ---------------------------- PETITIONER:
---------- CHOVVA MAHA SIVAKSHETHRA AYYAPPA BHAKTHA SANGAM CHOVVA, KANNUR, REPRESENTED BY T.P.NATARAJAN S/O.GOVINDAN, ELAYOOR AMSOM, CHOVVA KANNUR.
BY ADV. SRI.A.C.VENUGOPAL RESPONDENTS:
-----------
1. THE EXECUTIVE OFFICER CHIRAKKAL KOVILAKAM, CHIRAKKAL, KANNUR DISTRICT.
2. THE COMMISSIONER MALABAR DEVASWOM BOARD KOZHIKODE.
* Addl.3. CHOVVA MAHA SIVAKSHETHRE PUNARUDHARANA COMMITTEE REPRESENTED BY ITS SECRETARY.
CHIRAKKAL KOVILAKAM, CHIRAKKAL, KANNUR DISTRICT. (ADDL. R3 IS IMPLEADED AS PER ORDER DATED 26.06.2013 IN IA 8410/2013) R3 BY ADV. SRI.P.U.SHAILAJAN R1 BY ADV. SRI.K.V.SOHAN R1 BY ADV. SMT.SREEJA SOHAN.K.
R2 BY ADV. SRI.K.R.SUNIL, SC, MALABAR DEVASWOM BOARD R2 BY SRI. V.KRISHNA MENON THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX PETITIONER(S)' EXHIBITS:
----------------------- EXHIBIT P1- TRUE COPY OF THE PROCEEDINGS OF ASSISTANT COMMISSIONER HR AND CE (ADMINISTRATION) GRANTING APPROVAL FOR THE CONSTRUCTION OF AYYAPPA TEMPLE DATED 2-6-1983.
EXHIBIT P2- TRUE COPY OF THE NOTICE PUBLISHED COPY IN THE LOCALITY WITH RESPECT TO THE 'PRATHISHTA KARMAM' DATED 1-6-1992. EXHIBIT P3- TRUE COPY OF THE LETTER PERMITTING PETITIONER SANGHAM TO INSTALL 'BALIKALLU' AS PER THE DIRECTIONS OF SRI. KANIPPAYOOR KRISHNAN NAMBOOTHIRIPAD DATED 21-10-2012.
EXHIBIT P4- TRUE COPY OF THE ORDER DATED 15-9-2012 PASSED BY THE 2ND RESPONDENT.
EXHIBIT P5- TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 23-2-2013.
EXHIBIT P6- TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN O.P.(C) 985/2013 DATED 14-3-2013.
EXHIBIT P7(A)- TRUE COPY OF THE ADVOCATE COMMISSIONER'S PLAN. EXHIBIT P7(B)- TRUE COPY OF THE ADVOCATE COMMISSIONER'S REPORT DATED 8-4-2013.
EXHIBIT P8- TYPE WRITTEN COPY OF THE ORDER PASSED BY SUB COURT, KANNUR IN I.A. 517/2013 IN O.S. 93/2013 DATED 12-4-2013. EXHIBIT P9- TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE ASSISTANT COMMISSION, MALABAR DEVASWOM.
EXHIBIT P10- PHOTOGRAPHS OF THE TEMPLE.
RESPONDENT(S)' EXHIBITS:
EXHIBIT R3(a):
TRUE COPY OF THE LETTER ISSUED TO the PETITIONER DATED 20.06.2011 BY THE EXECUTIVE OFFICER EXHIBIT R3(b):
TRUE COPY OF THE LETTER ISSUED TO the PETITIONER DATED 3.9.2011 BY THE EXECUTIVE OFFICER EXHIBIT R3(c):
TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER DATED 15.11.2011 BY the EXECUTIVE OFFICER EXHIBIT R3(d):
TRUE COPY OF THE APPLICATION SUBMITTED BY PETITIONER FOR PERMISSION TO RECONSTRUCT the AYYAPPA TEMPLE DATED 16.2.2011
EXHIBIT R3(e):
TRUE COPY OF the LETTER ISSUED BY UNNIKRISHNA NAMBOODIRI DATED 23.10.2009 EXHIBIT R3(f):
TRUE COPY OF THE LETTER ISSUED BY UNNIKRISHNAN NAMBOODIRI DATED 25.06.2011 EXHIBIT R3(g):
TRUE COPY OF THE LETTER OF DIRECTION OF THANTRI DATED 30.06.2011 EXHIBIT R3(h):
TRUE COPY OF THE ORDER DATED 29.01.2014 OF the COMMISSIONER, MALABAR DEVASWOM BOARD True Copy / P.A to Judge
THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.
============================== W.P(C).No.15543 of 2013 ============================== Dated this the 22nd day of July, 2015
JUDGMENT
Thottathil B. Radhakrishnan, J.
This writ petition is filed seeking a direction not to shift the idol of Lord Ayyappa in the temple in question without conducting certain rituals like swarnaprasnam, ashtamangalyaprasnam and devaprasnam. It is now a matter of record through the materials produced by the respondents that necessary steps in that regard were taken and initially, the Malabar Devaswom Board had granted sanction for the work as well. Under such circumstances, this writ petition has become infructuous. Accordingly, this writ petition is dismissed as infructuous.
Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- SUNIL THOMAS Judge Sbna