M.N.Somasundaram v. The Government Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE SUNIL THOMAS WEDNESDAY, THE 10TH DAY OF JUNE 2015/20TH JYAISHTA, 1937 WP(C).No. 15217 of 2015 (B) ---------------------------- PETITIONER(S):

-------------- M.N.SOMASUNDARAM, AGED 67 YEARS S/O.GOPALAN NAIR, MANAGING TRUSTEE, THIRUMARAYIKKULAM MAHADEVA KSHETHRA SAMRAKSHANA TRUST, CHERUKUNNI THADATHIL HOUSE, EDAKKATTUVAYAL PO, ERNAKULAM-682313.

BY ADVS.SRI.K.R.RAJKUMAR SRI.V.P.PRASAD RESPONDENT(S):

---------------

1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, DEVASWOM DEPARTMENT, THIRUVANANTHAPURAM-695 001.

2. THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR-680 001.

ADDL.R3. R.V.RENJITH, S/O. VISWAMBARAN NAIR, MANAGER, THIRUMANAYIKULAM TEMPLE, RAJESH BHAVANAM, CHETHIKODE P.O. KANJIRAMATTOM.

(ADDL.R3 IS IMPLEADED AS PER ORDER IN IA NO.7839/2015 DATED 10/6/2015) R2 BY ADV. SRI.KRISHNA MENON, SC, COCHIN DEVASWOM BOARD RADDL BY ADV. SRI.P.VIJAYAKUMAR RADDL BY ADV. SRI.C.R.REGHUNATHAN RADDL BY ADV. SRI.M.V.ASHIM RADDL BY ADV. SRI.R.BALAKRISHNAN RADDL BY ADV. SRI.B.HARRYLAL R BY GOVERNMENT PLEADER SRI.A.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15217 of 2015 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 : TRUE COPY OF THE TRUST DEED NO.233 OF 2007. P2 : TRUE COPY OF THE LETTER ISSUED TO SECRETARY, COCHIN DEVASWOM BOARD DATED 16-5-2014.

P3 : TRUE COPY OF THE ORDER NO.E-5695/14 DATED 16-10-2014. P4 : THE TRUE COPY OF THE LETTER NO.E-5695/14 DATED 31-10-2014. P5 : THE TRUE COPY OF THE LR.NO.E-5695/14 DATED 28-4-2015. RESPONDENT(S)' EXHIBITS ------------------------:

EXT.R2(A): COPY OF THE DOCUMENT WITH ITS DTP PRINT. EXT.R2(B): COPY OF THE SUSPENSION ORDER DATED 31/12/2012 EXT.R2(C) PROCEEDINGS DATED 1-2-2015 OF KERALA OORAIMA DEVASWOM BOARD. EXT.R2(D): COPY OF THE DISMISSAL NOTICE DATED 6/5/2015 ISSUED BY KERALA OORAIMA DEVASWOM BOAARD.

EXT.R2(E): COPY OF THE COMPLAINT SUBMITTED BEFORE CIRCLE INSPECTOR, PIRAVOM.

EXT.R2(F): COPY OF THE NOTICE DATED 30/5/2015 ISSUED BY THE DEVASWOM BOARD.

EXT.R2(G): COPY OF THE REPRESENTATION DATED 1/6/2015. EXT.R2(H): COPY OF THE COMMUNICATION DATED 30/5/2015 GRANTING APPROVAL TO THE TEMPLE ADVISORY COMMITTEE.

ET.R2(I). COPY OF THE NOTICE OF THE 'VIDYA GOPALA MANTHRAM' PROGRAM EXT.R2(J): COPY OF THE PHOTOGRAPH OF THE FUNCTION. EXT.R2(K): COPY OF THE PHOTOGRAPH OF THE FUNCTION . /TRUE COPY/ PS TO JUDGE.

THOTTATHIL B. RADHAKRISHNAN & SUNIL THOMAS, JJ.

- - - - - - - - - - - - - - - - - - W.P.(C). No.15217 of 2015 - - - - - - - - - - - - - - - - - - Dated this the 10th day of June, 2015

JUDGMENT

Thottathil B. Radhakrishnan, J.

The petitioner is stated to be a former employee of the temple. He says that he is the president of a trust, which is interested in the affairs of the temple in question. According to him, the Cochin Devaswom Board is not considering the request to take over temple. However, it is submitted by the learned counsel that the temple actually belongs to Oorazhma devaswom and no decision shall be finalised by the Cochin Devaswom without hearing the Oorazhma Devaswom. Under such circumstances, it is directed that any action by the Cochin Devaswom Board shall be in strict conformity with law and after hearing the necessary parties, particularly, Oorazhma Devaswom.

The writ petition is ordered accordingly.

Sd/- THOTTATHIL B.RADHAKRISHNAN Judge Sd/- SUNIL THOMAS Judge dpk /true copy/ PS to Judge.