IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 33444 of 2011(E) ---------------------------------- PETITIONER: --------------- SALAM, PAVOOR PADEETTATHIL NJAKKANAL.P.O., OACHIRA, KAYAMKULAM. BY ADV. SRI.P.SREEKUMAR RESPONDENT(S): -------------------- 1. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM 695001. 2. EXECUTIVE OFFICER, TRAVANCORE DEVASWOM BOARD SABARIMALA DEVASWOM, SABARIMALA 689465. 3. SATHEESHAN, CHARIVILA VEEDU, VADAKODU.P.O., PERUMPAZHUTHUR, NEYYATTINKARA, THIRUVANANTHAPURAM 695001. BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, TDB, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 33444 of 2011(E) -------------------------------- APPENDIX ----------- PETITIONER(S) EXHIBITS ------------------------------ EXT.P1 A TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P2 A TRUE COPY OF THE LICENSE DATED 20-11-2011 ISSUED TO THE PETITIONER BY THE PANCHAYATH. EXT.P3 TRUE COPIES OF THE RECEIPTS DATED 2-9-2011 SHOWING THE DEPOSIT OF THE SAID AMOUNT. EXT.P4 A TRUE COPY OF THE RELEVANT PORTION OF THE LIST OF STALLS AND DETAILS ATTACHED THE TENDER NOTIFICATION. EXT.P5 A TRUE COPY OF THE PETITION DATED 10-12-2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL --------------------------------- / TRUE COPY / P.A. TO JUDGE VK THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C)No.33444 of 2011 ---------------------------------------- Dated this the 14th December, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. Having regard to the nature of the directions being issued hereunder, notice to the third respondent is dispensed with, preserving his right to seek rehearing of the matter, if aggrieved by the contents of this judgment. 2. The petitioner says that the third respondent is carrying out activities beyond the scope of the licence granted to him under the auction schedule (kuthaka). Any complaint in this regard can be attended to by the Devaswom authorities, Police authorities, Special Commissioner and any other competent authority in that area. Obviously, such action shall be taken only with prior notice to the third respondent. Therefore, on receipt of any complaint of similar nature, the Devaswom authorities shall look into the matter and, if the allegation is found to be genuine, appropriate action shall be taken, in accordance with law. The involvement of the Police, if found necessary, could also be sought for. We, therefore, direct that Ext.P5 will be WP(C).No.33444/2011 2 looked into by the 2nd respondent immediately. If such complaints are promptly attended to by the Devaswom Officials and the Police, such small issues need not be brought up to this Court for consideration. The writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS /14.12