Sree Vaikkathappan Anna Dhana ... vs The Travancore Devaswom Board
2022 Latest Caselaw 5085 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                    &
               THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
        FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                       WP(C) NO. 15286 OF 2022
PETITIONER:

           SREE VAIKKATHAPPAN ANNA DHANA TRUST
           NO.111/OV/1990, VAIKOM P. O., KOTTAYAM DISTRICT,
           PIN - 686141, REPRESENTED BY ITS MANAGING TRUSTEE.

           BY ADV MOHAN C.MENON



RESPONDENTS:

    1      THE TRAVANCORE DEVASWOM BOARD
           DEVASWOM HEAD QUARTERS, NANTHANCODE,
           THIRUVANANTHAPURAM, PIN - 695003, REPRESENTED BY ITS
           SECRETARY.

    2      THE SECRETARY
           THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,
           NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003.

    3      THE DEVASWOM COMMISSIONER
           THE TRAVANCORE DEVASWOM BOARD, DEVASWOM HEAD QUARTERS,
           NANTHANCODE, THIRUVANANTHAPURAM, PIN - 695003.

           BY ADV SRI.G.BIJU, SC.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15286 OF 2022
                                      2


                                JUDGMENT

Devan Ramachandran, J.

The petitioner, which is stated to be a Trust, has

approached this Court alleging that, inspite of the Covid - 19

pandemic scenerio having subsided, the Travancore Devaswom

Board (TDB) is not allowing them to conduct the

"Annadhanam", as had been permitted to be done in the past.

They say that they have, therefore, preferred Exts.P2 and P3

representations before the competent Authority of the

Devaswom Board and pray that the same be directed to be

taken up and disposed of within a time frame to be fixed by this

Court.

2. Sri.G.Biju, learned standing counsel for the Devaswom

Board, in response to the afore submissions of Sri.Mohan

C.Menon - learned counsel for the petitioner, submitted that if

the petitioner only requires Exts.P2 and P3 to be taken up and

disposed of, there does not appear to be any legal impediment

in doing so; but prayed that this Court may not make any

affirmative declarations as to the entitlement of the petitioner

to any relief and leave it to the competent Authority to take an

apposite decision on it in terms of law. WP(C) NO. 15286 OF 2022

Resultantly, we allow this writ petition to the limited

extent of directing the first respondent to take up Exts.P2 and

P3 and dispose of the same, after hearing the petitioner; thus

resulting in an appropriate order thereon, as expeditiously as

is possible, but not later than three weeks from the date of

receipt of a copy of this judgment.

Sd/- DEVAN RAMACHANDRAN JUDGE

Sd/- SOPHY THOMAS JUDGE stu WP(C) NO. 15286 OF 2022

APPENDIX OF WP(C) 15286/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO.ROC 6779/90/NS ISSUED BY 1ST RESPONDENT TRAVANCORE DEVASWOM BOARD.

Exhibit P2 TRUE COPY OF REQUEST ADDRESSED TO THE 2ND RESPONDENT BY PETITIONER TRUST THROUGH REGISTERED POST ON 07.04.2022.

Exhibit P3 TRUE COPY OF THE REQUEST TO THE 3RD RESPONDENT BY PETITIONER TRUST THROUGH REGISTERED POST.