IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 30771 of 2008(L) -------------------------- PETITIONER: ------------------- P.K.JAGADEESAN, MANAGING TRUSTEE, MALAMALKKAVU AYYAPPA TEMPLE, MALAMALKKAVU P.O., KUDALLUR, PALAKAD DISTRICT.' BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: --------------- 1. THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (AMN), DEPT, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. STATE INFORMATION COMMISSION , THIRUVANANTHAPURAM. ADV. SRI.M.AJAY, SC, STATE INFORMATION COMMN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.30771/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THEL CIRCULAR DATED 14/8/08 ISSUED BY THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS (ADMN.) DEPT., KOZHIKODE. EXT.P2 TRUE COPY OF ORDER DTD. 27/9/20065 ISSUED BY R1. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.30771 OF 2008 -------------------------------- Dated this the 6th day of November, 2008 JUDGMENT Raman,J. The prayer made in this writ petition is to quash Ext.P1& P2. Ext.P1 is a proceeding issued by the Commissioner, H.R.& C.E. (Admn.) Department, Kozhikode. Ext.P2 is a letter produced in this case addressed to a Trustee of Sree Malamakkavu Devaswom, Malamakkavu P.O. However, in the writ petition the petitioner sought for a declaration that the provisions of the Right to Information Act do not apply to private Temples. He also sought for a direction forbearing the respondents from enforcing the provisions of the Right to Information Act in respect of Sree Thirumandhamkunnu Bhagavathy Temple, Angadipuram, Malappuram District. The petitioner is no way connected with that Temple. I.A.No.13908/2008 is a verified petition filed by the counsel for the petitioner. The averments made in the writ petition -2- WP(C).No.30771/2008 are to be supported by an affidavit filed by the party. Hence, in the absence of any affidavit filed by the party, the correction of the prayers made in the writ petition as sought for in the verified petition cannot be allowed. Further by allowing the I.A. the whole prayer made in the writ petition to that extent will have to be corrected. In such circumstances, without prejudice to the right of the petitioner to file a proper writ petition with appropriate prayers, this writ petition is dismissed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.