Ezhikkode Sasi Namboodiri vs The Travancore Devaswom Board ...
2021 Latest Caselaw 12283 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                   &

              THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

      FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

                       WP(C).No.10868 OF 2021(G)


PETITIONER:

               EZHIKKODE SASI NAMBOODIRI, AGED 69 YEARS,
               S/O. ARYAN NAMBOOTHIRI, KAINIKARA MANA,
               THURAVOOR, CHERTHALA, ALAPPUZHA DISTRICT.

               BY ADV. SRI.T.K.VIPINDAS

RESPONDENTS:

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

      2        THE COMMISSIONER, TRAVANCORE DEVASWOM
               BOARD, NANTHANCODE, KOWDIAR POST,
               THIRUVANANTHAPURAM-695 003

      3        THE CHIEF ENGINEER, (GENERAL), TRAVANCORE
               DEVASWOM BOARD, NANTHANCODE, KOWDIAR POST,
               THIRUVANANTHAPURAM-695 003

      4        THE ADMINISTRATIVE OFFICER, THURAVOOR
               MAHAKSHETHRAM, THURAVOOR P.O,
               CHERTHALA- 688 532

      5        THURAVOOR MAHAKSHETHRA BHAKTHAJANA SAMITHY,
               REGD. NO. 878/1992, REPRESENTED BY ITS
               PRESIDENT, THURAVOOR P.O, CHERTHALA-688 532

      6        BHRAMASREE S. DAMODARAN NAMBOOTHIRI,
               THANTRI, PUTHUMANA ILLAM, AMBALAPUZHA,
               ALAPPUZHA DISTRICT, PIN-688 561

               R1-3 BY ADV. SRI.G.SANTHOSH KUMAR (P).
               R5 BY ADV. SRI.SAJEEV KUMAR K.GOPAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 10868/21                             2




                                   JUDGMENT

Dated this the 7th day of May 2021

Devan Ramachandran, J.

The petitioner has approached this Court virtually seeking

that the directions in Exhibit P11 judgment of this Court be directed

to be implemented by the Travancore Devaswom Board at the

earliest.

2. Noticing the submission of the petitioner, on 04.50.2021,

this Court passed the following order:

"Sri. Sajeev Kumar, learned counsel appearing for the 5 th respondent, submits that, though they are not the authorised Temple Advisory Committee as of now, they are willing to take up the responsibility of completing the works, as ordered by this Court in Ext.P11, if they get the co-operation of the Travancore Devaswom Board.

2. We notice that Ext.P11 judgment has been delivered as early as on 12.9.2018 and it is conceded by the leanrned Standing Counsel for the Travancore Devaswom Board, Sri. G. Santhoshkumar, that no action has been taken pursuant thereto until now.

3. We also record the submissions of Sri. Santhoshkumar that the Travancore Devaswom Board does not have requisite resources to complete the work as mentioned in Ext.P11 judgment.

4. We are, therefore, of the firm view, particularly, on account of the observations in Ext.P11 judgment, that the Travancore Devasom Board must now convene a meeting with the 5 th respondent and decide the modality of how Ext.P11 judgment can

be put into operation. This shall be done at the earliest and we shall be informed of the developments on the next posting date."

3. Today, when this matter was called, the learned Standing

Counsel for the Devaswom Board submitted that a meeting had been

convened, in which the fifth respondent 'Samithi' was also invited and

that Exhibit R5(a) minutes has been recorded. He submitted that, for

the purpose of the works mentioned in Exhibit P11 judgment, the fifth

respondent 'Samithi' can be recognised as a Temple Advisory

Committee (TAC) on an ad hoc basis and that they can be allowed to

garner the resources for completion of the same, but under the

supervision of an Advocate Commissioner or a retired Judge of this

Court. He added that the works can be completed within an outer

time period of one year.

4. The learned counsel for the petitioner, Sri.Vipin Das,

submitted that since his client is only interested in having the works

mentioned in exhibit P11 judgment completed within a time frame,

Justice Sri.K.Padmanabhan Nair, retired Judge of this Court, be

requested and says that he has already obtained his consent in the

matter.

Taking note of the afore submissions and the consenses of

the parties as afore, we order this writ petition and direct the

Travancore Devaswom Board to complete the works mentioned in

Exhibit P11 judgment, with the assistance of the fifth respondent

'Samithi', recognising them as an ad hoc TAC for this purpose alone,

within a period of one year from the date of receipt receipt of a copy

of this judgment. The Devaswom Board will ensure that resources are

garnered, with the assistance of the fifth respondent, only in the

manner as is permitted in law and solely on the strength of receipts to

be printed and issued by it, as per the applicable Rules and

Regulations.

In order to ensure that the work is completed without cause

of any further controversy we request Sri.K.Padamanabhan Nair,

retired Judge of this Court, to oversee and supervise the collection of

funds and completion of the works, for which purpose, the Devaswom

Board and the fifth respondent 'Samithi' will submit all necessary

proposals and proceedings before him at the relevant time and obtain

his approval.

Needless to say, all lawful directions issued by Justice

Sri.K.Padmanabhan Nair will be obeyed by all the parties, including

the fifth respondent, in its letter and spirit.

In order to defray the preliminary expenses of Justice

Sri.K.Padmanabhan Nair, we direct the fifth respondent 'Samithi' to

pay Rs.50,000/- to him within a period of two weeks from the date of

receipt of a copy of this judgment, as has been agreed by their

learned counsel Sri.Sajeev Kumar K.Gopal.

Sd/-

Devan Ramachandran, Judge

Sd/-

Dr.Kauser Edappagath, Judge

tkv

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE LETTER DATED 9.2.2016 ISSUED BY TANTRI TO THE 2ND RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 8.4.2016 ISSUED BY 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE AGREEMENT EXECUTED BY 5TH RESPONDENT ALONG WITH COVERING LETTER DATED 30.08.2016.

EXHIBIT P4 THE TRUE COPY OF THE PRASHNACHARTHU IN RESPECT OF THE ASTHAMANGALA PRASHNAM CONDUCTED IN 2016.

EXHIBIT P5 THE TRUE COPY OF THE COMMUNICATION DATED 9.12.2016 ISSUED BY 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P6           TRUE COPY OF THE REPORT DATED 22.01.2017
                     SUBMITTED     BY     V.P.    BRAHMADATHAN

NAMBOOTHIRIPPAD AFTER INSPECTION OF THE TEMPLE PREMISES ON THE BASIS OF THE DEVAPRASHNAM.

EXHIBIT P7 TRUE COPY OF THE REPORT DATED 25.01.2017 ISSUED BY V.P. BRAHMADATHAN NAMBOOTHIRIPPAD SUBMITTED BEFORE THE TANTRI.

EXHIBIT P8 A TRUE COPY OF THIS ORDER DATED 14.09.2017 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE ESTIMATE PREPARED BY BELWICS DATED 27.09.2018.

EXHIBIT P10 TRUE COPY OF THE LETTER ISSUED BY THE TANTRI TO THE 2ND RESPONDENT.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT COURT IN DBP 33 OF 2018 DATED 12.09.2018.

RESPONDENT'S EXHIBITS:

EXHIBIT R5(a) TRUE COPY OF THE MINUTES OF OF THE MEETING HELD IN ACCORDANCE WITH THE DIRECTIONS OF THIS HONOURBALE COURT DATED 4.5.2021