IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 23582 of 2011(W) -------------------------- PETITIONER: ----------- VISWA HINDU PARISHAD HINDU SAMSKARIKA KENDRAM PAVAKKULM TEMPLE COMPLEX KALOOR PO, KOCHI-17 REP BY ITS SECRETARY. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM, REP BY ITS SECRETARY.PIN 695 001 2. THE DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD NANTHANCODE, THIRUVANANTHAPURAM 695 001. R1 & R2 BY ADV.SRI.V.V.NANDAGOPALA NAMBIAR, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JJJ WP(C).No. 23582 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE NOTIFICATION ISSUED BY THE TRAVANCORE DEVASWOM BOARD DT.20.9.2010 EXT.P2 PHOTOCOPY OF THE CHALAN SHOWING THE REMITTANCE OF RENT. EXT.P3 PHOTOCOPY OF THE ORDER DT.18.7.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P4 PHOTOCOPY OF THE TENDER NOTIFICATION DT.22.8.2011 PUBLISHED BY THE 2ND RESPONDENT. EXT.P5 PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DT.2.8.2011. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE JJJ THOTTATHIL B. RADHAKRISHNAN & C.T. RAVIKUMAR, JJ. -------------------------------------------- W.P.(C). No. 23582 OF 2011 -------------------------------------------- Dated this the 30th day of September, 2011 JUDGMENT Thottathil B. Radhakrishnan, J. The petitioner says that it occupies a room in a building in lower Sannidhanam in Sabarimala in connection with its activities of making available books of religious and spiritual interest for sale and distribution. While it stands to impeach the decision of the Travancore Devaswam Board to clear out occupants from lower Sannidhanam and pave way for availability of more space in Sannidhanam, we do not find any indefeasible right in the petitioner in that regard, since larger interest of public importance will grow with passage of time. Now it appears that the parties have come to an amicable understanding and the petitioner will be allotted a space in terms of the decision shown to us by the learned counsel for the TDB. That decision of the Board dated 29.9.2011 identifies the room or space that will be provided to the petitioner. It is stated that the construction activities in connection with building is going on. We direct that the petitioner would be granted such facility and until then, the arrangement in terms of Ext.P1 will continue and the space that it occupies W.P.(C)23582/11 2 now would be surrendered by the petitioner on the space offered by the Board in terms of its decision dated 29.9.2011. The writ petition is ordered, accordingly. THOTTATHIL B. RADHAKRISHNAN (Judge) C.T. RAVIKUMAR (Judge) spc W.P.(C)23582/11 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010