IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 DBP.No. 123 of 2011() --------------------- (IN THE MATTER OF TDB – SANCTION FOR CONSTRUCTION FOR A BUILDING AT P.D.MANIKANTESWARAN DEVASWOM – TDB REPORT NO.135/11 – SUO MOTU PROCEEDINGS INITIATED – REG.) PETITIONER(S): -------------------- TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB RESPONDENT(S): --------------- DEPUTY DIRECTOR, LOCAL FUND AUDIT, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. GOVT PLEADER SRI.R.LAKSHMI NARAYANAN SRI.KRISHNAKUMAR MANGOT(AMICUS CURIE) FOR OMBUDSMAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- D.B.P.No.123 OF 2011 ------------------------------------ Dated this the 24th day of August, 2011 O R D E R Thottathil B.Radhakrishnan,J. 1.We have perused the materials and the report of the learned Ombudsman. 2. P.D.Manikanteswaran Temple in Kottarakkara group is a centre of worship of exceptional importance. In fact, though the temple is fundamentally shown to have been dedicated to Lord Siva and Goddess Parvathy, the Mahaganapathy in Dharusilpa is also a prime attraction. Fairly large quantity of offerings like Unniyappam, Modakam etc. are part of the ritualistic offerings in that temple. The offering of Unniyappam is made by preparing it in front of the deity as continuous process when the temple remains open. DBP.123/11 2 3. In the aforesaid procedure, the keezhsanthi gets involved, not only as the person who carries out the work of preparing the Unniyappam, but also as the person who is involved in purchasing and providing the materials for the offerings. 4.With the passage of time, it has been noticed that when large quantities of raw materials are required, there is no proper place in the temple premises to store it. Obviously, because the keezhsanthi does it somewhat similar to a contract work and makes monthly remittances to the Devaswom, the TDB, in its wisdom, did not think of providing any permanent place within the temple premises for keeping the raw materials. 5.As of now, the Board has come out with a suggestion that the entire system needs to be re-moulded, to ensure quality, hygiene and other regulatory measures. DBP.123/11 3 6.The TDB also find it necessary to provide appropriate accommodation for the santhikars and the thanthri. 7.They have, therefore, come out with a proposal to have a structure which will provide accommodation for the thanthri, santhikars, a floor mill to support the preparation of naivedyams, including Unniyappam in a regulated and hygienic manner; and would provide storage space. 8.We see the report of the learned Ombudsman, clearly advising that permission for the work may be granted subject to revision of terms and condition for keezhsanthies for preparation of Unniyappam on account of the additional facilities provided to them. The work has to be tendered at the estimate rate and be subjected to audit by the Local Fund Audit after the work is over. 9. We, therefore, grant permission in terms of the advice of the learned Ombudsman, clarifying that this permission and DBP.123/11 4 direction does not, in any manner, stand in the way of the TDB authorities re-moulding the conditions of entrustment of the work of preparation of Unniyappam to the santhikars since that is a matter within the managerial wisdom of the Board, subject to restrictions that would fall as part of ritualistic practices, faith, belief etc. The DBP is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.25/8.