IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 4205 of 2009(A) ------------------------- PETITIONER(S): --------------- 1. SREEKRISHNASWAMY DEVASWOM MATTANCHERRY, REP. BY ITS MANAGING TRUSTEE- DIVAKAR D.DEO, 5/977, PANDIT ROAD, GOPALAKRISHNA AVENUE, MATTANCHERRY, COCHIN-2. 2. DILIP.K.PARANJPE, S/O.KRISHNAJI PARANJPE 5/971, G.K.AVENUE, MATTANCHERRY, COCHIN-2. BY ADV. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENT(S): --------------- 1. SECRETARY, COCHIN DEVASWOM BOARD, SWARAJ ROUND, TRICHUR. 2. ENQUIRY OFFICER AND BHANDARAM SPECIAL OFFICER, COCHIN DEVASWOM BOARD, TRICHUR. 3. S.K.PANDIT, PLOT.NO.435/2/2A, SAI RESIDENCY, RAMNATH PANDIT RESEARCH CENTRE COMPLEX, VISHNUPURI PO., TALEGAON(DABHADE), PUNE, MAHARASHTRA-410507. 4. PRAMOD.S.GORE, 5/905, GORE CHAMBERS, G.K.AVENUE, COCHIN-2. 5. K.P.MOHANDAS, SIVAKRIPA, EROOR SOUTH PO. TRIPUNITHURA-682306. ADV. SRI.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B FOR R1 & 2 SRI.C.AJITH KUMAR FOR R3-4 SRI.KRISHNAKUMAR MANGOT (AMICUS CURIAE) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- WP(C) NO.4205 OF 2009-A -------------------------------------------------------- Dated 18th June 2009 Judgment BHAVADASAN, J. This Writ Petition relates to the affairs of Sree Krishna Swamy temple at Mattancherry. The petitioner sought to have Exts.P3, P11 and P11(a) quashed and also for a declaration to the effect that 1st respondent has no jurisdiction to meddle with the administration or any matter, pertaining to the temple, since the temple is a private one. This court, by order dated 09.02.2009, referred the matter to the Ombudsman and sought for an interim report from the said office. The Ombudsman was also directed to find out whether any interim arrangement should be made for this purpose. This Court also stayed the further proceedings in pursuance to Ext.P11. However, the Administrator, already appointed, was directed to supervise the accounts and oversee the administration of the temple. Pursuant to the order, the Ombudsman has gone into the matter and submitted a report dated 25.03.2009. The Ombudsman WP(C) 4205/09 2 was not successful in bringing about any agreement between the parties and therefore, it was suggested that till a regular scheme is drawn up in accordance with the decision to be rendered by this court, the Managing Committee may be directed to include two persons belonging to the Hereditary Trustees in the Managing Committee. It was also suggested that the accounts may be subjected to supervision and verification by the Cochin Devaswom Board. 2. Today, when the matter was taken up for consideration, this court tried to find out whether any interim arrangement as suggested by the Ombudsman could be accepted. It was then revealed that there is no consensus regarding the Hereditary Trustees themselves. It was further revealed that a suit has been instituted as OS No.96/09 before the Sub Court, Kochi, where the entire matter is in issue. 3. If that be so, it is only proper that all the issues agitated in the Writ Petition, including the status of the Hereditary Trustees etc. be decided in the above said suit. Accordingly, WP(C) 4205/09 3 leaving open the liberty of the parties to agitate all the claims in OS No.96/09, this Writ Petition is dismissed. Sd/-P.R.RAMAN, JUDGE Sd/-P.BHAVADASAN, JUDGE True copy PA TO JUDGE sta WP(C) 4205/09 4