K.K.Omanakuttan v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 29295 of 2015 (J) ---------------------------- PETITIONER(S):

-------------------------- OMANAKUTTAN K.K, AGED 51 YEARS, S/O.LATE K.V.KARUNAKARAN NAIR RESIDING AT 'RAJESWARI VILSOM', ARPOOKARA EAST KOTTAYAM DISTRICT.

BY ADVS.SRI.P.JAYABAL MENON SRI.JAGAN ABRAHAM M.GEORGE SMT.K.J.GISHA RESPONDENT(S):

---------------------------- 1.

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

2.

TRAVANCORE DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST, THIRUVANANTHAPURAM-695 003 REPRESENTED BY ITS SECRETARY.

3.

THE DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION)(IN CHARGE), OFFICE OF THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM - 695 003.

4.

THE ARPOOKARA TEMPLE ADVISORY COMMITTEE ARPOOKARA SREE SUBRAHMANYA SWAMI TEMPLE, ARPOOKARA, KOTTAYAM DISTRICT, PIN - 686 008, REPRESENTED BY ITS PRESIDENT.

R2-R3 BY ADV. SRI.M.V.S.NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD R4 BY ADV. SRI.K.P.SREEKUMAR R1 BY SRI.A.RENJITH, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29295 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- COPY OF THE WRIT PETITION, W.P[C]NO.2605/2015 DATED 23.01.2015.

P2- COPY OF THE JUDGMENT IN W.P[C]NO.2605/2015 DATED 27.05.2015.

P3- COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT BEARING NO.ROC-1809/09/N.S DATED 30.11.2011.

P4- COPY OF THE ORDER BEARING R.O.C.NO.21180/12/NS-I DATED 09.09.2015 ISSUED BY THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- R2(a)- COPY OF ORDER NO.2378/15/NS DATED 01.10.2015 ISSUE BY THE SECRETARY, TDB.

R4(a) - COPY OF ORDER NO.12635/15/NS DATED 01.10.2015 ISSUED BY THE SECRETARY, TDB.

R4(b) :

COPY OF FRONT PAGE OF PASS BOOK ISSUED BY SBT, MEDICAL COLLEGE BRANCH ON 27.10.2015 (A/C NO.57011375760) R4(c) :

COPY OF PROGRAMME OF THE UTSAVAM (2015 NOVEMBER 10 TO 17) (TDB - ARPOOKARA SREE SUBRAHMANIASWAMY KSHETHRAM) //TRUE COPY// PA TO JUDGE.

jg-12/11

THOTTATHIL B.RADHAKRISHNAN & ANU SIVARAMAN, JJ.

.................................................................... WP(C) No.29295 of 2015 .................................................................... Dated this the 12th day of November, 2015.

J U D G M E N T

Thottathil B.Radhakrishnan, J.

This writ petition is filed seeking to quash Ext.P4 whereby the term of the office of the fourth respondent temple advisory committee is extended for a period of one year. Having heard the learned counsel for the parties, we do not find any ground to interfere with that decision insasmuch as it has been issued taking into consideration report of the relevant facts. We are also of the view that constitution of the temple advisory committee and extension of its period have been done, particularly when there was no interdiction to do so. The judgment in WP(C) No.2605 of 2015 as correctly interpreted in the judgment in COC No.1370 of 2015 is itself pointed to the fact that it is for the Devaswom Board to take appropriate decision, as may be found necessary. That having been taken, we do not see any ground to interfere with the impugned Ext.P4. This writ petition, therefore, fails. In the result, this writ petition is dismissed. (THOTTATHIL B.RADHAKRISHNAN, JUDGE) (ANU SIVARAMAN, JUDGE) jg-12/11