IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 18006 of 2009(U) -------------------------- PETITIONER: --------------- SURESH R.POTTY, MELSANTHI, THRIPPAKKUDAM MAHADEVA KSHETHRAM, THALAYAZHAM P.O., VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI.M.RAMESH CHANDER SRI.ANEESH JOSEPH RESPONDENTS: --------------- 1. THE CHIEF COMMISSIONER, TRAVANCORE DEVASWOM BOARD, TRIVANDRUM. 2. THE TRAVANCORE DEVASWOM BOARD, TRIVANDRUM, REPRESENTED BY THE SECRETARY. 3. THE ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, VAIKOM. 4. THE SUB GROUP OFFICER, THRIPPAKKUDAM MAHADEVA TEMPLE, HALAYAZHAM P.O., VAIKOM. 5. MOHANAN C.K., PRESIDENT, THRIPPAKKUDAM MAHADEVA KSHETHRAM UPADESHAKA SAMITHY, THALAYAZHAM P.O., VAIKOM. 6. GOPINATHAN.P., SECRETARY, THRIPPAKKUDAM MAHADEVA KSHETHRAM UPADESHAKA SAMITHY, THALAYAZHAM P.O., VAIKOM. 7. THRIPPAKKUDAM MAHADEVA KSHETHROPADESHAKA SAMITHY, THALAYAZHAM P.O., VAIKOM, REPRESENTED BY THE SECRETARY. R1 TO R4 BY ADV. K.N.VENUGOPALA PANICKER, SC, TDB. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 18006 of 2009(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE COMPLAINT FILED BEFORE THE BOARD MEMBER, TRAVANCORE DEVASWOM BOARD, DATED 10.03.2009. EXT.P2 : TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED 25.04.2009. EXT.P3 : TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT DATED 27.02.2009. EXT.P4 : TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT DATED NIL. EXT.P5 : TRUE COPY OF THE COMPLAINT FILED BEFORE THE 1ST RESPONDENT DATED 18.06.2009. /TRUE COPY/ P.S. TO JUDGE. P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. ............................................................................... W.P.(C) No. 18006 OF 2009 ......................................................................... Dated this the 15th October, 2009 J U D G M E N T P.R. Raman, J: This Writ Petition is filed seeking for a writ of mandamus directing the first respondent to initiate action on Exts. P1 to P5 complaints and also on the report of the Assistant Devaswom Commissioner, pursuant to Ext.P1 and initiate action to dissolve the 7th respondent Samithy . Subsequently, an order was passed by this Court on 24.09.2009, recording the submission made by the learned Standing Counsel that Vigilance Enquiry Report has been received and that the matter is under consideration. Therefore, a further direction to initiate action is not called for. However, regarding the dissolution of the Samithy is concerned, we directed that if there is any move for extension to the present Samithy, the same shall be granted, after obtaining permission from this Court. 2. It is brought to the notice of this Court that subsequently W.P.(C) No. 18006 OF 2009 2 the 7th respondent-Samithy has been dissolved and a new Committee has been inducted. In the factual situation, no further relief can be granted in this Writ Petition. 3. The petitioner has now filed I.A.No.12743 of 2009 bringing certain grievances to the notice of this Court and also seeking for a new relief, viz., regarding the constitution of new Samithy, which assumed the office after dissolution of the earlier Samithy. According to him, some of the members inducted in the new Samithy have some disqualification. This is not a subject connected with the main relief sought for in the Writ Petition for the reason that paragraph No.4 gives names of the persons inducted in the new Samithy against whom some enquiry is pending. On a cursory glance, it can be seen that many of them are not made parties in the Writ Petition since that Writ Petition was filed against the erstwhile Samithy. In the said circumstances, the prayer made in the I.A.No. 12743 of 2009 cannot be granted, which will not sub serve the main relief sought for in the Writ Petition. However, it is open to the W.P.(C) No. 18006 OF 2009 3 petitioner to ventilate the grievances raised in the I.A. No.12743 of 2009 by filing an appropriate Writ Petition, if so advised. The Writ Petition is accordingly closed. P.R. RAMAN, JUDGE. P.R. RAMACHANDRA MENON, JUDGE. lk