IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 DBP.No. 55 of 2009() -------------------- (IN THE MATTER OF COCHIN DEVASWOM BOARD – CDB – REPORT NO.142 OF 2009 SUBMITTED BY OMBUDSMAN REGARDING VADAKKEKARA SREE KRISHNA SWAMY TEMPLE – SUO MOTU - PROCEEDING INITIATED) COMPLAINANT: ----------------- TEMPLE ADVISORY COMMITTEE SREE KARTHIAYANI DEVI TEMPLE ANTHIKKAD, THRISSUR. RESPONDENTS: ----------------- 1. THE SECRETARY COCHIN DEVASWOM BOARD, THRISSUR 2. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, REVENUE (DEVASWOM) DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. BY ADV. SRI.C.E.UNNIKRISHNAN FOR R1 BY GOVERNMENT PLEADER SRI.LAKSHMI NARAYAN FOR R2 BY ADV.SRI.KRISHNAKUMAR MANGOT,AMICUS CURIAE FOR FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & P.R.RAMACHANDRA MENON ------------------------------- D.B.P.No. 55 of 2009 ------------------------------- Dated this the 12th November, 2009 O R D E R Raman, J. The Temple Advisory Committee of Sree Karthiayani Devi Temple has filed a complaint before the Ombudsman, alleging that Vadakkekara Sreekrishna Swamy Temple is a Keezhedam of Sree Karthiayani Devi Temple, and that the said temple is managed by a private individual and so it should be recovered by the Cochin Devaswom Board. The Ombudsman after considering the matter submitted a report recommending that the Cochin Devaswom Board may be directed to give notice to the parties of its intention to recover the temple and after considering the objections, to take a decision as to whether to take over the temple or not. 2. We have heard the learned Standing Counsel appearing for the Cochin Devaswom Board, as also the Amicus D.B.P. No.55/2009 2 Curiae appearing for the Ombudsman. We are not issuing any notice, since it has already been issued by the Ombudsman to the parties, before submitting the report. We are not finally deciding the issue, as it is purely a civil dispute. The question as to whether Vadakkekara Sreekrishna Swamy Temple is a Keezhedam of Sree Karthiayani Devi Temple, and if so, whether this temple is under the Cochin Devaswom Board are the matters which need detailed consideration. If only it is found that Vadakkekara Sreekrishna Swamy Temple is a Keezhedam of Sree Karthiayani Devi Temple and belongs to Cochin Devaswom Board, then only the question of recovery of the temple from the present management arises. In the circumstances and in the absence of any records placed by either side in support of their respective claims, appropriate course is to direct the Cochin Devaswom Board to consider, based on the records and depositions, as to whether Vadakkekara Sreekrishna Swamy Temple is a Keezhedam of Sree Karthiayani Devi Temple and whether it is a temple belonging to the Cochin Devaswom Board. If so, the Board shall proceed to issue notice to the parties likely D.B.P. No.55/2009 3 to be affected by the proposed take over, hear them and then take a decision. Any decision taken, if adversely affects any individual, no doubt will be subject to adjudication of the dispute by the Civil Court. D.B.P. is closed as above. P.R.RAMAN, JUDGE P.R.RAMACHANDRA MENON, JUDGE. nj.