IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 DBA.No. 73 of 2008 ----------------------- PETITIONERS: ---------------- 1. THERAKATHU MANI, PRESIDENT, ARUKALICKAL SREE MAHADEVAR KSHETHRAM UPA SAMITHI ARUKALICKAL, ADOOR. 2. ARUKALICKAL SREE MAHADEVAR KSHETHRAM UPA SAMITHI ARUKALICKAL,REPRESENTED BY ITS SECRETARY, PARAKKODE P.O. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------------- 1. THE TRAVANCORE DEVASWOM BOARD TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD TRIVANDRUM. 3. K.R.SATHYAN, SUB GROUP OFFICER MAHADEVA TEMPLE, ARUKALICKAL, PARAKKODE P.O., ADOOR. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB SRI.KRISHNAKUMAR MANGOT THIS DEVASWOM BOARD APPLICATION HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- D.B.A. No.73 OF 2008 ----------------------------------------- Dated this the 14th day of August, 2008. O R D E R Kurian Joseph, J. This application is filed with the following prayers: i) To call for the records leading to Annexures III and IV and set aside the same. ii) To issue a direction to the 2nd respondent to consider and take action on the basis of the representation Annexure-V by implementing the suggestions made therein. On 21.07.2008, we referred the matter to the Ombudsman. Learned Ombudsman has submitted a report dated 12.08.2008. It is seen from the report that Annexures III and IV should be set aside and fresh orders are to be passed with notice to the petitioners as well. It is also reported that Annexure-V representation can be directed to be disposed of by the second respondent. The parties agree that appropriate orders in terms of the report can be passed. 2. Accordingly, we set aside Annexures III and IV. There will be a direction to the second respondent to consider the D.B.A. 73/08 2 matter afresh with notice to the petitioners, third respondent and any other affected party. This shall be done within a period of three months from the date of production of a copy of this judgment. There will also be a direction to the second respondent to dispose of Annexure-V, with notice to the petitioners and any other affected party, within the said period. This application is disposed of as above. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp D.B.A. 73/08 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. D.B.A. No. 73 OF 2008 O R D E R 14.08.2008