IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 OP.No. 19340 of 2001(B) ----------------------- PETITIONER: ------------ KUNNUMPURATH PAYYANADAN REGUNATHAN ALIAS VINODAN, S/O LATE SUKUMARAN, NIKHIL MOONNUNIROTH, AZHIKODE, KANNUR -2 BY ADV. SRI.MOHAMMED RAFIQ RESPONDENTS: ------------- 1. THE DEPUTY COMMISSIONER, HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS, CALICUT 2. BALAKRISHNAN, KOTTAMULLA VALAPPIL MOONUNIRATH, AZHIKODE, KANNUR -2 3. THE STATE OF KERALA REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SRI.R.LAKSHMINARAYANAN SRI.V.RAMKUMAR NAMBIAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN O.P.NO.19340/01 PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE NOTICE DTD. 14-5-01 RELATING TO THE IDOL ERECTION AND CONSECRATION OF THE SREE MOOKAMBIKA TEMPLE, MOONNUNIRATH, KANNUR -2 EXT.P2 TRUE COPY OF THE LETTER ISSUED BY THE ASTROLOGER SRI.K.V.SUBHASH. EXT.P3 TRUE COPY OF THE APPLICATION DTD. 26-6-01 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. ORDER ON C.M.P.NO.31340/01 IN O.P.NO.19340/01 Dismissed 14/01/2008 Sd/-, P.R.RAMAN, JUDGE Sd/-, V.K.MOHANAN, JUDGE /True Copy/ P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------- O.P.No.19340 OF 2001 ------------------------------------ Dated this the 14th day of January, 2008 JUDGMENT Raman, J. This is a petition seeking declaration that the petitioner is entitled to be the karmi of the reconstruction works of the Sree Mookambika Temple, Moonnunirath, Azhikode, Kannur and to declare that the second respondent has no authority to restrain the petitioner from entering into the temple and from offering prayers. 2. It is the case of the petitioner that he is the Karmi of the reconstruction works of the said temple and the temple is a religious institution as defined in the Madras Hindu Religious and Charitable Endowments Act and it is a place of public worship. The land where the temple is situated belongs to second respondent. It is admitted that the members of the family of the second respondent were in charge of the administration of the temple. Though initially the second respondent selected the petitioner who was the earlier Karmi to effect penance and thereafter he changed his mind and they are prohibiting the OP.No.19340/01 2 petitioner from entering into the temple and offering prayers. 3. First respondent has filed counter affidavit wherein it is averred that the temple is not a public religious institution coming within the purview of Hindu Religious and Charitable Endowments Act. It is submitted on behalf of the second respondent that consecration is over on 02/07/2001. As such, the prayers made in the original petition virtually become infructuous. However it is submitted that petitioner is not prevented from coming and worshiping before the deity. The question as to whether it is a public temple or private temple is a question to be decided by examining both oral and documentary evidences. Therefore it is for the petitioner to approach the civil court and not before this court under Article 226 of the Constitution. Therefore the original petition is dismissed without prejudice to the right of the petitioner to approach the civil court, if he is so advised. (P.R.RAMAN, JUDGE) (V.K.MOHANAN, JUDGE) sv. OP.No.19340/01 2