IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Con.Case(C).No. 378 of 2010(S) ------------------------------ AGAINST THE JUDGEMENT IN WPC.36097/2004 Dated 16/08/2005 .................... PETITIONER/PETITIONER: ---------------------------- SREEKUMAR.V,AGED 38 YEARS, S/O.M.VASUDEVAN NAIR,KONGARETTU HOUSE, MATHIBHAGOM,THIRUVALLA,PATHANAMTHITTA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENT/RESPONDENT: ------------------------------- P.R.ANITHA,AGED 50 YEARS, D/O.(FATHER'S NAME NOT KNOWN TO THE PETITIONER) SECRETARY,TRAVANCORE DEVASWOM BOARD,OFFICE OF THE TRAVANCORE DEVASWOM BOARD,DEVASWOM BUILDING, NANDHANCODE,THIRUVANANTHAPURAM. ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS CONTEMPT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - Contempt Case (civil) No. 378 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of May, 2010 JUDGMENT Ravindran, J. This Contempt Case is filed alleging that the undertaking given to this Court in WP(C) No.36097 of 2004 and later in Contempt Case(C) No.256 of 2006 on behalf of the Travancore Devaswom Board has not been implemented. 2. A Devaprasnam was held on 09.01.2004 in which certain recommendations including Pariharakriyas and renovation of the temple were made regarding Sree Vallabha Maha Temple, Thiruvalla. Aggrieved by the delay in renovating the temple and conducting the rituals, the petitioner filed WP(C) No.36097 of 2004 in this Court. The said writ petition was disposed of by a Division Bench of this Court on 16.08.2005 recording the submission made by the learned standing counsel for the Travancore Devaswom Board that the entire Pariharakriya in Sree Vallabha Maha Temple, Thiruvalla will be completed within four months. The COC No.378 of 2010 -:2:- petitioner had earlier filed Contempt Case(C) No.256 of 2006 alleging that the said undertaking has not been complied with and that the Travancore Devaswom Board has deliberately disobeyed the directions issued by this Court in terms of the undertaking made by the Board. By Annexure A2 order passed on 31.07.2006, a Division Bench of this Court closed the Contempt Case recording the submission made on behalf of the Board that every effort will be taken to complete the whole projects as required and in any case within three years time. The Division Bench also held that there is no material to indicate that the earlier undertaking was willfully disobeyed and therefore no action can be taken against the Secretary of the Travancore Devaswom Board. 3. This Contempt Case is filed alleging that the undertaking given to this Court has not been complied with and therefore the Secretary of the Travancore Devaswom Board, the respondent herein, is liable to be proceeded against and punished for willfully disobeying the directions of this COC No.378 of 2010 -:3:- Court. Apart from vaguely stating that the undertaking has not been complied with, the petitioner has not stated with precision the various Pariharakriyas which remain to be performed. The averments in this Contempt Case are, in our opinion, extremely vague. The learned standing counsel for the Travancore Devaswom Board submitted that many recommendations made during the Devaprasnam have been carried out and implemented and that the major work that remains to be done is the construction of a Koothambalam. He also submitted that the work of constructing the Koothambalam involves expenditure in excess of Rs.1 Crore, that steps are afoot to raise the requisite funds from devotees and after the funds are raised, the work of constructing the Koothambalam will also be completed. From the submissions made by the learned standing counsel for the Travancore Devaswom Board we are satisfied that, the Board has made earnest efforts to comply with the undertaking given to this Court. In such circumstances, we COC No.378 of 2010 -:4:- find no ground to entertain this Contempt Case. It is accordingly closed. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb