IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10570 of 2010(U) ----------------------------------- PETITIONER(S): ------------------------- K.DASANNA ALVA,S/O.PAKKURA ALVA, KULUR HOUSE, PO CHARLA,(VIA) MANJESHWAR,KULUR VILLAGE, KASARAGODE. BY ADV. SRI.K.LAKSHMINARAYANAN SMT.SATHYASHREE PRIYA RESPONDENT(S): ------------------------------ 1. THE COMMISSIONER MALABAR DEVASWOM BOARD, KOZHIKODE. 2. ASSISTANT COMMISSIONER MALABAR DEVASWOM BOARD,NILESWAR,KOZHIKODE. 3. VASUDEVAN NALLURAYA,S/O.RAMA NALLAURAYA, KUNTYKOLANJI, PO PAIVALIKE. 4. SANKARANARAYANA KUBANURAYA,KUBANOOR KELAGINAMANE, PO BEKUR, KUBANOOR VILLAGE, (VIA) UPALA. 5. DR.PRAKASH, KALAI HOUSE,S/O.RAMACHANDRA PADAKANNYA, KALAI HOUSE,PAIVALIKE VILLAGE AND POST 6. M.SREETHARAMA SHETTY,ADVOCATE, MANJALATHODI HOUSE, N/O.BANTAPPA ALVA, NOW RESIDING AT VASLANE, BALMATA PO, MANGALORE. 7. DR.KALLIGE RATNAKARA SHETTY, N/O. MAHABALA BHANDARY, NOW RESIDING AT MAKFEORA, NEAR UPPALA POST OFFICE, UPPALA VILLAGE AND POST 8. RANGATHRAI BALLAL,N/O.SUBRAYA BALLAL, RESIDING AT NEAR CHITTARI CHAVADI, PAIVALIKE VILLAGE AND POST, KASARAGODE TALUK. ADV. SRI.K.MOHANAKANNAN,SC,MALABAR DEVASWOM FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.Ramachandran Nair & P.S.Gopinathan, JJ. ================================================== W.P.(C)No.10570 of 2010 ================================================== Dated this the 30th day of March, 2010. JUDGMENT Ramachandran Nair, J. 1.Under a very old agreement, Ext.P1 dated 26.9.1872, petitioner's predecessor was left with the possession of certain jewels belonging to three temples. After the death of the predecessor, petitioner is currently in possession of the jewels. The jewels were given to the temple only during festival season and were taken back for safe custody by the petitioner. On account of old age, petitioner wants to be relieved of the responsibility. Therefore, he has filed an application, Ext.P2, before the second respondent for arranging safe custody of the jewels on behalf of the temples. Since no orders were passed by the second respondent, petitioner approached this Court with this writ petition. WPC10570/10 -:2:- 2.We find force in the contention of the petitioner that the petitioner cannot be compelled to hold on the jewels indefinitely. We, therefore, dispose of this writ petition directing the second respondent to contact temple administrative committee in case of all the temples and arrange for transfer of the jewels from the petitioner to the concerned temples. We make it clear that the second respondent should issue specific instructions to the persons in custody and control of the jewels and if requires authorize it for being kept in bank lockers to avoid theft. In any case, a decision should be taken on the representation of the petitioner within a period of two months from the date of receipt of a copy of this judgment. C.N.Ramachandran Nair, Judge. sl. P.S.Gopinathan, Judge.