Kerala High Court
N.Pramod vs Malabar Devaswom Board on 22 January, 2021
WP(C).No.26295 OF 2020(J)
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR. JUSTICE K.HARIPAL
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.26295 OF 2020(J)
PETITIONER:
N.PRAMOD
AGED 43 YEARS
S/O K.A NARAYANAN EMBRANTHIRI,
VADAKKE GRAMAM, PUTHUKKODE,
PALAKKAD DIST-678 687.
BY ADV. SRI.V.M.KRISHNAKUMAR
RESPONDENTS:
1 MALABAR DEVASWOM BOARD
PALAKKAD DIVISION, KENATHUPARAMBU,
KUNATHURMEDU, PALAKKAD,
KERALA-PIN-678 013,
REPRESENTED BY ASSISTANT COMMISSIONER
2 MANAGER,
NADUVIL MADOM DEVASWOM,
THRISSUR, PIN-680 001.
3 KARYASTHAN,
PUTHUKKODE DEVASWOM,
NADUVIL MADOM, PUTHUKKODE,
PALAKKAD, PIN-678 687.
SRI.R.LAKSHMI NARAYANAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.26295 OF 2020(J)
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JUDGMENT
Dated this the 22nd day of January 2021
Ravikumar, J
The petitioner who is a devotee of Sree
Annapoorneswari Temple, Vadakke Gramam in Puthukkode filed
this writ petition seeking the following prayers:-
" i. Issue a writ in the nature of mandamus
commanding the respondents to provide the order
relating to the replacement of the committee namely
'Puthukkode Annapoorneswary Seva Samithi
ii. Issue a writ in the nature of mandamus
commanding the respondents to provide the details of
the action taken against the committee namely
'Puthukkode Annapoorneswari Seva Samithi.'
iii. Issue a writ in the nature of mandamus
commanding the respondents to provide the details
about the gold and silver ornaments of the temple."
2. Evidently, the main prayers is for issuance of writ in
the nature of mandamus commanding the respondents to provide
order replacing the Committee namely 'Puthukode
Annapoorneswari Seva Samithi' as also to provide the petitioner
the details of the action taken against the said Committee. In this
WP(C).No.26295 OF 2020(J)
context it is to be noted that earlier the petitioner had approached
this Court by filing WP(C)No.16806 of 2020. One of the prayers
sought for in the said writ petition was for issuance of a writ of
mandamus commanding the Malabar Devaswom Board to take
steps to stop functioning of the 5 th respondent namely Sree
Annapoorneswary Seva Samithi. He raised various allegations
against the functioning of the said Committee. The petitioner has
raised allegations therein that the said Committee collected huge
amount from the devotees and with respect to its expenditure no
proper accounts were maintained and at any rate, the accounts
were submitted for audit. Taking note of the fact that the Malabar
Devaswom Board called for records relating to transactions
effected by the said Committee and on receipt of records such
transactions are being scrutinized we disposed of the writ petition
with appropriate directions. Ext.P2 is the judgment passed
thereon and it is dated 17.08.2020. Taking note of the aforesaid
aspects it was directed thereunder that the documents secured
should be subjected to scrutiny and further appropriate action, if
any required, shall be taken by the Board, in accordance with law.
3. It is also relevant to note that the learned standing
counsel appearing for the Malabar Devaswom Board then
WP(C).No.26295 OF 2020(J)
submitted that the said Committee namely, 'Puthukkode
Annapoornasweri Seva Samithi' was replaced by a new committee
as per proceedings dated 26.12.2019 of the Assistant
Commissioner. The said fact was also recorded in Ext.P2
judgment. The petitioner did not have a case that the said
Committee was not actually replaced. In such circumstances,
there is absolutely no justification for the petitioner to come with
this writ petition seeking prayer Nos.1 and 2, as extracted
hereinbefore. Prayer No.3 is for issuance of a writ of mandamus
commanding the respondents to provide the details about the gold
and silver ornaments of the temple. Absolutely we have no
hesitation to hold that the petitioner is not justified in seeking
such a prayer and he is not entitled to get the details of gold or
silver ornaments. Providing such materials to a third party may
pose threat to the security of the temple. On scrutiny, we could not
file any bonafide allegation of misappropriation of gold and silver
ornaments. In such circumstances, on a careful perusal of the
pleadings of the petitioner and the reliefs sought for, we are of the
considered view that this writ petition is liable to fail and the
petitioner is not entitled to any of the reliefs sought for.
WP(C).No.26295 OF 2020(J)
In the said circumstances, this writ petition is liable to fail
and accordingly, it is dismissed.
Sd/-
C.T.RAVIKUMAR
JUDGE
Sd/-
K.HARIPAL
dlk/22.01.2021 JUDGE
WP(C).No.26295 OF 2020(J)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE
1ST RESPONDENT DATED 26.12.2019
EXHIBIT P2 TRUE COPY OF JUDGMENT IN WPC NO
16806/2020 DATED 17.8.2020
EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED
24.8.2020 FILED BY THE PETITIONER
EXHIBIT P4 TRUE COPY OF THE REPLY DATED
22.9.2020 GIVEN BY THE STATE PUBLIC
INFORMATION OFFICER
EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BY THE
PETITIONER DATED 30.9.2020
EXHIBIT P6 TRUE COPY OF THE MINUTES OF THE
MEETING DATED 23.6.2019
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
28.10.2020 SUBMITTED TO 1ST
RESPONDENT
