IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(C).No. 14643 of 2011(E) --------------------------------------- PETITIONER(S): ----------------------- KUTHUPARAMBA PUBLIC SERVANTS CO- OPERATIVE SOCIETY LTD. NO.C 1151, KUTHUPARAMBA, KANNUR DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADVS. SRI.M.SASINDRAN SRI.ARUN CHANDRAN RESPONDENT(S): ----------------------- 1. THE COMMISSIONER, MALABAR DEVASWOM BOARD, OFFICE OF THE COMMISSIONER KOZHIKODE 673 001. 2. SREE THRICHERUMANNA ALIAS KOTTIYOOR DEVASWOM, KOTTIYOOR POST 670 674 KANNUR DISTRICT. R1 BY ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2011, ALONG WITH WPC NO. 15776 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.14643/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SAVINGS ACCOUNTS LEDGER OF THE ACCOUNT MAINTAINED BY THE 2ND RESPONDENT DEVASWOM IN THE PETITIONER'S BANK. P2:- COPY OF THE COMMUNICATION DT.D 16.5.2011 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P3:- COPY OF THE CIRCULAR DTD. 2.3.2010 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE ORDER DTD. 18.11.2010 IN MP 6/10. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).Nos.14643 of 2011-E & 15776 of 2011-V = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of June, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.These writ petitions are filed challenging a circular issued by the Malabar Devaswom Board. The writ petitions are by two co-operative societies. They take the stand that the Malabar Devaswom Board constituted under the Hindu Religious and Charitable Endowments Act, 1951, cannot direct the listed and non-listed temples and endowments to maintain accounts and have banking transactions only with one banking institution. 2.We have gone through the circular. It does not contain any direction that the devaswom or listed temple or non-listed temple shall have transactions with any particular bank identified by the MDB. All that is prescribed is that one WPCs14643 & 15776/11 -: 2 :- devaswom/listed temple/non-listed temple should maintain accounts and have transactions with only one bank. This obviously, is aimed at ensuring transparency and accessibility to facts, data and figures, for the purpose of supervision and audit, wherever such procedures are applicable in terms of the provisions of the aforesaid Act. No temple has challenged that, obviously, because there is no scope for any such challenge. At any rate, it does not lie within the rights of any banker, much less a co-operative society, to challenge the circular by contending that it gets excluded by such process. We do not find any merit in the writ petitions. In the result, these writ petitions fail and they are accordingly dismissed. No costs. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2206