Kerala High Court
Sree Vaikkathappan Anna Dana ... vs The Travancore Devaswom Board on 28 June, 2022
WP(C) No.18418/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 28th day of June 2022 / 7th Ashadha, 1944
WP(C) NO. 18418 OF 2022(B)
PETITIONER:
SREE VAIKKATHAPPAN ANNA DANA TRUST, NO.111/IV/1990, VAIKOM P.O.,
KOTTAYAM DISTRICT-686141, REPRESENTED BY ITS MANAGING TRUSTEE P.
GOPALAKRISHNA PILLAO.
RESPONDENTS:
1. THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS, NANTHANCODE,
THIRUVANANTHAPURAM-695003, REPRESENTED BY ITS SECRETARY.
2. *THE SECRETARY, THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD
QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM-695003. *R2
DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 24-06-2022 IN IA
1/2022.
3. THE DEVASWOM COMMISSIONER, THE TRAVANCORE DEVASWOM BOARD, DEVASWOM
HEAD QUARTERS, NANTHANCODE, THIRUVANANTHAPURAM-695003.
4. THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKOM,
KOTTAYAM DISTRICT-686141.
5. S. ANAND KUMAR, KIZHAKKE PULIKKAZHATH, EAST NADA, VAIKOM TEMPLE,
KOTTAYAM DISTRICT-686141.
6. **ADDLR6, THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT, REVENUE(DEVASWOM) DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
**ADDL R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 28-06-2022 IN
WP(C)18418/2022
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order, staying Exhibit -P10 order of the 3rd
respondent and all further proceedings therefrom restoring access to the
Mess Hall, which opens to kitchen, from where, the petitioner Trust
prepares Prasad a Oottu/Annadanam in Vaikom Mahadeva Temple, during the
pendency of the Writ Petition, in the interest of justice.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
24-06-2022 and upon hearing the arguments of SRI.MOHAN C.MENON, Advocate
for the petitioners STANDING COUNSEL for R1 to R4,and of SRI.P.RAJEEVE,THE
ADVOCATE COMMISSIONER the court passed the following:
WP(C) No.18418/2022 2/5
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------
W.P.(C)No.18418 of 2022
------------------------------------------------------
Dated this the 28th day of June, 2022
ORDER
Anil K. Narendran, J.
Show the name of Sri. P. Rajeeve, the learned Advocate
Commissioner in DBP No.28 of 2018 in the cause list.
The learned counsel for the petitioner to serve a copy of
this writ petition to the learned Advocate Commissioner, today
itself.
The State of Kerala represented by the Secretary
to Government, Revenue (Devaswom) Department,
Government Secretariat, Thiruvananthapuram, Pin - 695 001
is suo motu impleaded as the additional 6th respondent.
Registry to carry out necessary correction in the cause title.
The issue raised in this writ petition relates to
Annadanam in Vaikom Mahadeva Temple. There is a dispute
between the petitioner Trust, namely, Sree Vaikkathappan
Annadana Trust, and the 1st respondent Travancore
Devaswom Board, which had resulted in issuance of Ext.P10
order dated 30.05.2022.
During the pendency of this writ petition, pursuant to
WP(C) No.18418/2022 3/5
W.P.(C)No.18418 of 2022
the directions contained in Ext.P9 order of this Court dated
06.05.2022 in W.P.(C)No.15286 of 2022, the 1 st respondent
Board passed order No.ROC/8850/05/NS dated 25.06.2022,
which is against the petitioner. A copy of the said order is
made available for the perusal of this Court, by the learned
Standing Counsel for Travancore Devaswom Board. The
learned counsel for the petitioner would submit that the
petitioner is yet to be served with a copy of that order.
Heard the learned counsel for the petitioner, the learned
Standing Counsel for the Travancore Devaswom Board, the
learned Senior Government Pleader and also the learned
Advocate Commissioner. Despite service of notice through the
4th respondent Assistant Commissioner, none appears for the
5th respondent.
From the submissions made at the Bar, we find that,
though Prathal in Vaikom Mahadeva Temple has already been
resumed pursuant to the order of this Court dated
08.02.2022 in Supplementary Report No.5 in DBP No.28 of
2018, Athazha Oottu is yet to be resumed.
The learned Standing Counsel for Travancore Devaswom
WP(C) No.18418/2022 4/5
W.P.(C)No.18418 of 2022
Board seeks time to get instructions as to the number of
devotees served with Prathal on week days and also on
weekends, and whether there is shortage/wastage of Prathal
on any day.
The learned Standing Counsel shall make available for
the perusal of this Court the relevant extract of the booking
register for Prathal and other records regarding the conduct
of Prathal.
The learned Standing Counsel shall get instructions from
the 4th respondent Assistant Commissioner on resumption of
Athazha Oottu in Vaikom Sree Mahadeva Temple.
List on 05.07.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
MIN
28-06-2022 /True Copy/ Assistant Registrar
WP(C) No.18418/2022 5/5
APPENDIX OF WP(C) 18418/2022
Exhibit P10 TRUE COPY OF THE LETTER DATED 30/05/2022 SENT BY
ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM
Exhibit P9 BOARD TO THE PETITIONER TRUST.
TRUE COPY OF THE JUDGMENT IN WPC NO 15286/2022 DATED
6.5,2022 OF THIS HONOURABLE COURT
