IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 9335 of 2006(J) ------------------------- PETITIONER: ------------ N.V.HARIHARAN, S/O. N.S.VAGHEESWARA IYER, PANANGATTIRI VILLAGE (GRAMAM), KOLLENGODE, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P SRI.M.V.BIPIN RESPONDENTS: ------------- 1. THE COMMISSIONER, THE DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, KOZHIKODE-20. 2. THE DEPUTY COMMISSIONER, -DO- -DO- 3. AREA COMMITTEE, THE DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, PALAKKAD REP. BY THE ASST. COMMISSIONER. 4. THE ASST. COMMISSIONER, THE DEPARTMENT OF HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, PALAKKAD. 5. S.SANKAR @ P.S.SANKAR, SECRETARY (JOINT CONVENOR), KUMBHABHISHEKA COMMITTEE AND THE TRUSTEE/CHAIRMAN OF SRI VENKITACHALAPATHY DEVASWOM TEMPLE, PANANGATTIRI GRAMAM (VILLAGE), KOLLENGODE, PALAKKAD DISTRICT. R1 TO R4 BY G.P. SMT. SMITHA BY ADV. SRI.U.K.RAMAKRISHNAN (SR.) FOR R5 SRI.V.KRISHNA MENON FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PETITION DATED 14.10.2005 SUBMITTED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT. EXT.P2 TRUE COPY OF NOTICE IN RELATION TO KUMBHABHISHEKAM OF 2006 AUTHORISED BY THE 5TH RESPONDENT DATED NIL. EXT.P3 TRUE COPY OF NOTICE DATED 1.11.2005 AUTHORED BY THE 5TH RESPONDENT ALONG WITH ONE P.V. GANAPATHY, AS CONVENOR, IN RESPECT OF KUMBHABHISHEKAM OF SRI.S VENKITACHALAPATHY TEMPLE. EXT.P4 TRUE COPY OF NOTICE DATED 16.12.2005 ISSUED BY THE INSPECTOR. EXT.P5 TRUE COPY OF THE NOTICE DATED 3.1.2006 ISSUED BY THE FOURTH RESPONDENT. EXT.P6 TRUE COPY OF COMMUNICATION DATED 12.1.2006 SENT BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT. EXT.P7 TRUE COPY OF COMMUNICATION DATED 12.1.2006 ISSUED BY RESPONDENT 4 TO THE PETITIONER. EXT.P8 TRUE COPY OF THE NOTICE DATED NIL ISSUED BY THE KUMBHABHISHEKAM COMMITTEE. EXT.P9 TRUE COPY OF THE PETITION DATED 17.2.2006 SUBMITTED BY THE PETITIONER TO THE FOURTH RESPONDENT. EXT.P10 TRUE COPY OF NOTICE DATED 15.3.2006 ISSUED BY THE 4TH RESPONDENT TO FIFTH RESPONDENT. ANNEXURE A TRUE COPY OF THE COVERING LETTER DATED 8.4.2006 SENT BY THE PETITIONER TO THE FOURTH RESPONDENT. ANNEXURE B TRUE COPY OF THE PETITION DATED 22.4.2006 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. ANNEXURE C TRUE COPY OF THE RECEIPT ON SENDING ANNEXURE B. 5TH RESPONDENT'S EXHIBITS: EXT.R5(a) TRUE COPY OF THE ORDER NO. A6/1730/2004 (K.DIS) DATED 24.9.2004 OF THE 4TH RESPONDENT. EXT.R5(b) TRUE COPY OF THE ORDER NO. A3-85/99 DATED 30.7.99 OF THE 4TH RESPONDENT. EXT.R5(c) TRUE COPY OF THE LETTER DATED 16.2.2006 SENT BY THE 5TH RESPONDENT TO THE THEN CHAIRMAN OF THEKUMBHABHISHEKAM COMMITTEE. EXT.R5(d) TRUE COPY OF THE LETTER DATED 21.12.2005 SENT BY THE 5TH RESPONDENT TO 4TH RESPONDENT. EXT.R5(e) TRUE COPY OF THE LETTER DATED 29.3.2006 SENT BY THE 5TH RESPONDENT TO FOURTH RESPONDENT. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 9335 OF 2006 -------------------------------------------- Dated this the 30th day of July, 2008 JUDGMENT Ramachandran Nair,J. This WPC was filed in 2006 alleging irregularity and misappropriation by the 5th respondent in the management of Sri. Venkitachalapathy Devaswom Temple of Panangattiri Gramam. Since the allegation was specifically with reference to Kumbhabhisheka Festival, 2006, this Court directed the fourth respondent to oversee the management of Kumbhabhisekham. Obviously in view of the involvement of fourth respondent, there would not have been any irregularity or impropriety. However, since proceedings for enquiry are already initiated there will be direction to the first respondent to get the enquiry completed and if any remedial measures are required, take steps for the same. The whole process should be completed within three months from the date of production of a copy of this judgment. If enquiry is completed copy of the report should be furnished to the petitioner for his perusal and for raising any complaint, if required. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) kk Judge. 2