P.C.Unnikrishnan vs Cochin Devaswom Board
2022 Latest Caselaw 7178 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                  &
              THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
    THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                       WP(C) NO. 15003 OF 2021
PETITIONER:

          P.C.UNNIKRISHNAN
          AGED 59 YEARS
          S/O.CHAKRAPAANI, PULIKKAL PARAMBIL, PALLURUTHI,
          COCHIN-6.
          BY ADVS.
          R.KRISHNA RAJ
          E.S.SONI
          KUMARI SANGEETHA S.NAIR
          RESMI A.


RESPONDENTS:

    1     COCHIN DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY,
          OFFICE OF THE COCHIN DEVASWOM BOARD,
          THRISSUR-680020.
    2     DEVASWOM OFFICER,
          AZHAKIYAKAVU DEVASWOM, PALLURUTHINADA, KOCHI-682006.
    3     AZHAKIYAKAVU KSHETHRA PUNARUDHARANA SAMITHI,
          AZHAKIYAKAVU DEVASWOM, KOCHI-682006,
          REPRESENTED BY ITS SECRETARY, K.S.RAMA RAO.
    4     ATHUL SANKARAN AND ASSOCIATES,
          CHARTERED ACCOUNTANTS, TC-40/2216(2), THIRUMALA,
          THIRUVANANTHAPURAM-695006.
          BY ADVS.
          K.P.SUDHEER, SC, COCHIN DEVASWOM BOARD
          T.MADHU
          C.R.SARADAMANI

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                 2

W.P.(C) No.15003 of 2021

                           JUDGMENT

Anil K. Narendran, J

The petitioner, who is a devotee of Sree Azhakiyakavu

Bhagavathi Temple, has filed this writ petition under Article 226 of

the Constitution of India seeking a writ of mandamus commanding

the 1st respondent - Cochin Devaswom Board to take adequate

steps to see that the entire income and expenditure relating to

renovation of the said temple is subjected to internal audit and

thereafter, independent external audit by an agency appointed by

this Court, including the period in which the Temple Advisory

Committee as well as the renovation committee were in charge of

renovation of the temple.

2. On 06.08.2021, when this writ petition came up for

admission, this court issued notice to the 3rd respondent by speed

post.

3. On 23.11.2021, a statement on behalf of the 1 st

respondent has been filed by the learned Standing Counsel,

producing therewith Annexure R1(A) to R1(D).

4. On 24.01.2022, along with I.A.No.1 of 2022, the 1 st

respondent has placed on record Annexure R1(E) report dated

W.P.(C) No.15003 of 2021

10.01.2022 of the Control Inspector (Junior Superintendent, Office

of the Devaswom Assistant Commissioner, Thripunithura). Along

with I.A.No.2 of 2022, the petitioner has placed on record Exts.P8

and P9.

5. Heard the learned counsel for the petitioner, the learned

Standing Counsel for the Cochin Devaswom Board and also the

learned counsel for the 3rd respondent.

6. The learned counsel for the petitioner and also the

learned Standing Counsel for the Cochin Devaswom Board would

submit that, since Annexure R1(E) audit report has already been

submitted by the Control Inspector in the office of the Assistant

Commissioner, this original petition may be disposed of recording

the said fact.

In such circumstances, this original petition is disposed of

recording the fact that the Control Inspector in the office of the

Assistant Commissioner has already filed Annexure R1(E) audit

report.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

P.G. AJITHKUMAR, JUDGE PV

W.P.(C) No.15003 of 2021

APPENDIX OF WP(C) 15003/2021

PETITIONER'S EXHIBITS Exhibit P1 COPY OF THE ORDER DATED 20.09.2016. Exhibit P2 COPY OF THE BY-LAWS DATED NIL Exhibit P3 COPY OF THE REPORT OF THE AUDITOR DATED 24.09.2020.

Exhibit P4 COPY OF THE LETTER OF THE INTERNAL AUDITOR DATED 24.03.2021.

Exhibit P5 COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 26.04.2021.

Exhibit P6 COPY OF THE LETTER OF THE SECRETARY OF THE 3RD RESPONDENT DATED 14.04.2021. Exhibit P7 COPY OF THE LETTER OF THE TREASURER OF THE 3RD RESPONDENT DATED 12.06.2021. Exhibit P8 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT CONSTITUTING TEMPLE FESTIVAL COMMITTEE DATED 24/11/2021.

Exhibit P9 TRUE COPY OF THE ORDER OF THE ASSISTANT EXECUTIVE ENGINEER DATED 20.04.2022

RESPONDENTS' EXHIBITS Annexure R1(A) TRUE COPY OF ORDER NO.A5.14886/2019 DATED 10/09/2021 ISSUED BY SPECIAL DEVASWOM COMMISSIONER Annexure R1(B) TRUE COPY OF ORDER NO.A5.14886/2019 DATED 06/11/2021 ISSUED BY COCHIN DEVASWOM BOARD Annexure R1(C) TRUE COPY OF LETTER DATED 10/11/2021 SUBMITTED BY SMT.AMBIKA TO THE FIRST RESPONDENT Annexure R1(D) TRUE COPY OF ORDER NO.A5.14886/2019 DATED 18/11/2021 ISSUED BY DEVASWOM COMMISSIONER Annexure R1(E) TRUE COPY OF REPORT DATED 10/01/2022 SUBMITTED BY THE CONTROL INSPECTOR (JUNIOR SUPERINTENDENT, OFFICE OF THE ASSISTANT COMMISSIONER, THRIPUNITHURA)