IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 WP(C).No. 443 of 2010(E) ------------------------ PETITIONER: --------------- SREE VAIRAMCODE BHAGAVATHY DEVASWOM, THIRUNAVAYA, MALAPPURAM DISTRICT, REPRESENTED BY ITS CHAIRMAN OF THE BOARD OF TRUSTEES. BY ADV. SRI.MOHAN C.MENON SRI.T.M.KOCHUNNI RESPONDENTS: --------------- 1. THE MALABAR DEVASWOM BOARD, KOZHIKODE REP. BY ITS COMMISSIONER. 2. THE COMMISSIONER, THE MALABAR DEVASWOM BOARD, KOZHIKODE 3. SRI.RAGHAVAN VELU, AGED 55 YEARS, KAVIL VEEDU, VAVADU P.O., KOZHIKODE. 4. SRI.P.RAVEENDRAN, P.W.D.CONTRACTOR, PURANGU P.O., KANJIRAMUKKU, PIN: 679 584. ADV. SRI.T.SETHUMADHAVAN FOR R4 SRI.PUSHPARAJAN KODOTH FOR R4 SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1-2 SMT.A.R.PRAVITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF LETTER DT.23.12.2006 SENT BY PETITIONER TO R2. P2: TRUE COPY OF ORDER DT.27.6.2007 OF R2. P3: TRUE COPY OF TENDER INVITING NOTIFICATION PUBLISHED IN MATHRUBHOOMI MALAYALAM DAILY. P4: TRUE COPY OF LETTER DT.21.7.2008 SENT BY PETITIONER TO R2. P5: TRUE COPY OF LETTER DT.24.10.2008 SENT BY R4 TO PETITIONER. P6: TRUE COPY OF REMINDER DT.6.12.2008 SENT BY R2 TO PETITIONER. P7: TRUE COPY OF LETTER DT.11.2.2009 SENT BY R2 TO PETITIONER DEVASWOM WHICH WAS RECEIVED ON 6.3.2009. P8: TRUE COPY OF RESOLUTION EXTRACT OF THE TRUSTEE BOARD MET ON 6.10.2009. P9: TRUE COPY OF COMMUNICATION OF THE DEVASWOM ENGINEER DT.30.12.2009. TRUE COPY PS TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.443 of 2010 .................................................................... Dated this the 18th day of March, 2010. JUDGMENT Ramachandran Nair, J. The proposal submitted by the petitioner for construction of five toilets each for ladies and gents in the petitioner temple is not approved by the Devaswom Board for the last two years. Direction sought from this court is to permit the trust to construct the toilets at suitable location with their own funds. Counsel for the Devaswom Board submitted that the allegations are incorrect and all what Devaswom Board wanted was procedural compliance of the formalities. However, we do not think the Devaswom can have any objection against the petitioner-trust constructing toilets by raising funds from devotees. Being the Board of Trustees of the temple, the petitioner will be the best people to find location for the toilets in the temple premises and to construct it to suit the requirements of the devotees. We, therefore, dispose of the W.P.(C) permitting the petitioner to raise funds from the devotees and construct the toilets at the earliest. However, accounts 2 should be submitted to the Assistant Commissioner of the area within whose jurisdiction the temple is located and it is for him to supervise and issue instructions or guidelines. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms