IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 5106 of 2005(G) ------------------------- PETITIONER(S): --------------- LANKESWARAM GRAMA SAMOOHAM, REPRESENTED BY ITS PRESIDENT, M.VISHWANATHAN, S/O.MAHADEVA IYER, LANKESWARAM VILLAGE, CHITTUR TALUK, PALAKKAD-678 101. BY ADV. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN RESPONDENT(S): --------------- 1. THE COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM OFFICE, THRISSUR. 2. THE DEVASWOM OFFICER, CHITTUR DEVASWOM, COCHIN DEVASWOM BOARD, CHITTUR POST, PALAKKAD. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 DATED 8.10.2003 , TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP 39127 OF 2001 EXT.P2 DATED 28.1.2005, TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN DBA 36 OF 2003 DATED 24.1.2005 EXT.R1(b) TRUE COPY OF ORDER OF THE HON'BLE SUPREME COURT IN SLP 19798- 19799/2005 DATED 19.9.2005 TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. -------------------------------------------- W.P.C. No. 5106 OF 200 -------------------------------------------- Dated this the 14th day of October, 2008 JUDGMENT Ramachandran Nair,J. This Writ Petition is filed by a section of devotees of Lankeswaram Siva Temple stating that first respondent wants to convert Oottupura or part thereof as office, thereby depriving the petitioner all the facilities enjoyed by them for storage of utensils , boat, etc. used for Ratholsavam. According to petitioner, traditionally Ratholsavam is a festival conducted by Grama Samooham and they are entitled to keep all the articles in safe custody in the Oottupura and the rooms adjoining thereto. Counsel for the first respondent submitted that petitioner is in possession of the temple premises for storage of articles which they let out on hire to private parties, even though these articles are also used for Ratholsavam once in a year. We are of the view that petitioner is not entitled to use the temple premises for storage of articles which are meant to be let out on hire to private parties. However, if the articles are exclusively used for temple festival then the Devaswom Board is bound to provide space in the Oottupura and adjoining premises as is done for long. The Devaswom Board 2 obviously is free to utilise Oottupura and other facilities for the purpose of temple, subject to the right of the petitioner to keep articles in the Oottupura and other premises exclusively for conducting festival of the temple. If the same premises are used for storage of articles belonging to the petitioner as well as the Devaswom, then the Executive Officer will prepare an inventory of the articles belonging to the petitioner and give a copy of taking over of the same for safe custody to the Secretary of the petitioner and then he is free to utilise the very same premises for storage of articles belonging to the petitioner as well as to the Devaswom on condition that during festival these articles kept in safe custody will be released to the petitioner. If Devaswom is not willing to take over the responsibility of safe custody of the articles then the premises used by the petitioner should be allowed to be retained by them for storage of articles. However, Devaswom need not permit the petitioner to let out the articles used for temple festival. W.P.C. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge. (HARUN-UL-RASHID) Judge. kk 3