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 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 23448 of 2005(N) -------------------------- PETITIONER: ------------ ARANGAM SREE MAHADEVA KSHETHRA NAVEEKARANA AGOSHA COMMITTEE, REPRESENTED BY ITS SECRETARY SRI.V.K.SOMAN, AGED 52 YEARS, S/O.T.K.KRISHNAN ACHARI, VELLUKUNNEL, ALAMPALLI, ALAKKODE, KANNUR DISTRICT. BY ADV. SRI.JACOB ABRAHAM RESPONDENTS: ------------- 1. EXECUTIVE OFFICER, ARANGAM SREE MAHADEVA KSHETHRAM, ALAKKODE VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT. 2. SRI.CHEMBIL MADHAVAN,`FIT PERSON' OF ARANGAM SREE MAHADEVA KSHETHRAM, PRESENTLY WORKING AS THE EXECUTIVE OFFICER, KANNAMCHERI MAHAGANAPATHI KSHETHRAM, KANNACHERI,KOZHIKODE. 3. THE ASSISTANT COMMISSIONER, HR & CE, KANJANGADU, KASARAGOD DISTRICT. 4. DEPUTY COMMISSIONER, H.R & C.E., CIVIL STATION, KOZHIKODE. ADDL. RESPONDENTS: 5. ARANGAM SRI MAHAKSHETHRA JEERNODHARANA COMMITTEE, REP. BY IS PRESIDENT, AJITH VARMA, ALKKODE HOUSE, ALAKKODE P.O., THALIPARAMBA. 6. AREA COMMITTEE, REP. BY ITS CHAIRMAN, ASSISTANT COMMISSIONER, H.R.&C.E., KANJANGADU, KASARAGODE DIST. (ADDL. RESPONDENTS ARE IMPLEADED AS PER ORDER DT.11.6.2008 IN I.A. NO.18957/2005) BY GOVERNMENT PLEADER FOR R3&4 SMT.G.SUMA FOR R1,2 SRI.C.K.SREEJITH FOR ADDL.R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE PHOTOCOPY OF REGISTRATION CERTIFICATE OF THE PETITIONER SOCIETY DT.5.6.2002 AND ISSUED BY THE DISTRICT REGISTRAR(GENERAL) KANNUR AT THALASSERY. P2: TRUE PHOTOCOPY OF LETTER DT.3.5.2002 SENT BY R2 TO THE PETITIONER SOCIETY. P3: TRUE PHOTOCOPY OF ORDER DT.9.8.2004. P4: TRUE PHOTOCOPY OF STATEMENT OF ACCOUNTS DT.27.11.2004 RELATING TO THE TEMPLE FESTIVAL FOR THE YEAR 2003-2004. P5: TRUE PHOTOCOPY OF STATEMENT OF ACCOUNTS DT.5.6.2005 AND RELATING TO THE FESTIVAL CONDUCTED IN THE YEAR 2005. P6: TRUE PHOTOCOPY OF STATEMENT OF ACCOUNTS DT.5.6.2005 RELATING TO THE RENOVATION WORK CARRIED OUT IN THE TEMPLE. P7: TRUE PHOTOCOPY OF LETTER DT.9.3.2005 ISSUED TO R1 BY THE THANTHRI. P8: TRUE PHOTOCOPY OF LETTER DT.28.7.2005 SENT BY THE THANTHRI TO R1. P9: TRUE PHOTOCOPY OF LETTER DT.28.7.2005 SENT BY THANTHRI TO R3. P10: TRUE PHOTOCOPY OF LETTER DT.25.2.2005 SENT BY SECRETARY OF THE SOCIETY TO R3. P11: TRUE PHOTOCOPY OF NOTICE ISSUED TO PETITIONER BY R1. P12: TRUE PHOTOCOPY OF REPLY SUBMITTED BY PETITIONER TO R1. P13: TRUE PHOTOCOPY OF ORDER DT.26.7.2005 ISSUED BY R4. P14: TRUE PHOTOCOPY OF ORDER DT.28.11.2005 ISSUED BY R3. RESPONDENT'S EXHIBITS: R4(a): TRUE COPY OF ORDER DT.29.11.2005. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... W.P.(C) No.23448 of 2005 .................................................................... Dated this the 11th day of June, 2008. JUDGMENT Ramachandran Nair, J. The prayer in the W.P. is for direction to respondents 3 and 4 to permit the petitioner to continue the renovation work of the Arangam Sree Mahadeva Temple. Counsel appearing for the first respondent submitted that the first committee was abolished and another committee was constituted which also was not fair in the work assigned to them. Therefore, the second committee is also abolished. Now renovation work is stated to be undertaken directly by the department. If service of the committee is dispensed with by the department, then we think there will be no necessity to involve the petitioner. However, if the assistance of public or devotees are required, then there will be direction to the Deputy Commissioner to constitute a committee as a representative body with interested and devoted 2 persons and petitioner-society will also be considered for inclusion in the committee. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms