IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 DBP.No. 42 of 2010() -------------------- (IN THE MATTER OF COCHIN DEVASWOM BOARD - INADEQUATE SANITARY FACILITIES FOR THE DEVOTEES AT CHOTTANIKARA DEVI TEMPLE - SUO MOTO PROCEEDINGS INITIATED.) PARTIES: -------------------- 1. COCHIN DEVASWOM BOARD, REP. BY ITS SECRETARY, THRISSUR. BY ADV. SRI.K.GOPALAKRISHNA KURUP, SC 2. DEPUTY DIRECTOR, LOCAL FUND AUDIT, CD AUDIT, THRISSUR. BY G.P. SRI.LAKSHMY NARAYAN SRI.D.SREEKUMAR (ADV.COMMR) THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... D.B.P. No.42 of 2010 .................................................................... Dated this the 22nd day of July, 2010. ORDER Ramachandran Nair, J. This DBP is a suo moto proceedings initiated by this court based on a written complaint received from a devotee of Chottanikkara Temple complaining that the temple does not have sufficient toilet facilities. We appointed Sri.D.Sreekumar as Advocate Commissioner to conduct inspection of the temple premises and to file a report in this court. 2. The Commissioner promptly took steps, inspected the temple premises and has filed a report with detailed sketch showing the existing facilities and his suggestions. The statement by the complainant that as of now there is no facility is incorrect. However, the facilities available are inadequate and the same is also confirmed by the Commissioner. The Commissioner has noted the facility of 8 each toilets available for gents and ladies near the Keezhkavu temple. He has stated that the use of toilets is permitted only on payment. Going 2 by the tariff, we feel it is only reasonable warranting no interference. However, the Commissioner has pointed out the requirement of further facilities near the main temple. He has pointed out that 30 cents of land is available on the northern side where some temporary toilets are constructed, which are not used for want of water and door facility. Probably doors are not kept to prevent use when there is no water. Chottanikkara Temple attracts large number of female devotees and the Commissioner has reported that on holidays an average of 5000 people visit the temple. Therefore, unless sufficient number of toilets are provided, devotees will be put to serious difficulties. As an urgent measure, we direct the Devaswom Board to provide water supply, lighting, doors and other facilities to the 10 toilets which are constructed for temporary use on the northern side and thereafter proceed with construction of sufficient number of modern toilets keeping in mind the present and future demands of the devotees of the temple. The temporary toilets now being improved under our orders should also be on payment basis so that some care taker can be appointed with the funds received and the toilets could be kept clean. Necessarily running water supply has to be provided in the toilets to keep the same clean. We dispose of the W.P. with direction to the 3 Cochin Devaswom Board to take immediate steps to construct and maintain toilets as stated above. 3. The Commissioner has incidentally pointed out that foul smell is spread around from the surroundings of the temple pond. This is obviously for want of cleaning and sanitation work. He has pointed out that the temple premises are also not kept very clean. The Devaswom Board is directed to take immediate steps to clean up the temple premises by keeping waste bins at different centres for devotees to use and to arrange for cleaning of the temple pond also. There will be further direction to the Devaswom Board to keep boards in the main temple compound itself about the location of the toilets available for gents and ladies so that devotees do not have to run all over looking for location of the toilets. A copy of the report of the Commissioner with the sketch should be attached to this order for the Board to take steps in other matters pointed out by the Commissioner. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms 4 5 C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... D.B.P. No.42 of 2010 .................................................................... Dated this the 15th day of July, 2010. ORDER Ramachandran Nair, J. This is a petition received from a lady devotee complaining that toilet facilities are not available in the Chottanikkara Temple where the devotees are essentially ladies. If the allegations are true, then immediate orders are called for from this court directing the Devaswom Board to construct toilets at the earliest. Mr.D.Sreekumar, Advocate of this court is appointed as Commissioner to conduct an inspection of the Temple and premises and file a report about the facilities available as of now, the location where new toilets could be constructed and generally about the requirements of sanitation and other facilities required, particularly for ladies in the temple. If the present arrangement provides for recovery of charges, he will also report about the reasonableness of the charges and the facilities available. A detailed report will be filed by the Commissioner before 22.7.2010. The Commissioner has offered free service. However, the Devaswom 6 Board will provide him car and other facilities for inspection and for filing report. Standing Counsel for Cochin Devaswom Board will issue instruction to the Executive Officer of the Temple to make arrangement for the visit of the Commissioner and for rendering him assistance by the Devaswom officials. Post on 22.7.2010. Issue copy of this order to Adv. Sri.Gopalakrishna Kurup, Standing Counsel for the Cochin Devaswom Board and also to the Commissioner. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms