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 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 19767 of 2011(U) -------------------------- PETITIONER(S): --------------- THIRUMOOZHIKKULAM SREE LAKSHMANA PERUMAL ADVISORY COMMITTEE REPRESENTED BY ITS SECRETARY K.A.DINESAN, S/O. AYYAPPAN, AGED 42 YEARS, KARIPPAYIPARAMBIL PARAKKADAVU.P.O. PIN-683579. BY ADV. SRI.S.SUDHISH KUMAR RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY NANTHANCODE, THIRUVANANTHAPURAM. PIN-695003. 2. THE COMMISSIONER, TRVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695003. 3. THE ASSISTANT COMMISSIONER, PARAVUR GROUP, TRAVANCORE DEVASWOM BOARD, NORTH PARAVUR, PIN-683513. 4. THE SUB GROUP OFFICER, THIRUMOOZHIKKULAM DEVASWOM, KURUMASSERY.P.O., ALUVA, PIN-683579. 5. T.R. PREMKUMAR, S/O. RAMAN, THEKKUMKATTIL HOUSE, MOOZHIKKULAM, KURUMASSERY.P.O PIN-683579. 6. C.S. JAYAKUMAR, S/O. SOMAN, CHAKYAR MADAM, MOOZHIKKULAM, KURUMASSERY.P.O., PIN-683579. WPC.19767/11 2 7. M.P. RAMACHANDRAN, S/O.PARAMESWARAN, KANDATHIL VEEDU, MOOZHIKKULAAM, KURUMASSERY PIN-683579. 8. K.K.KRISHNANKUTTY, S/O. RAMAN, VARTHA, MOOZHIKKULAM, KURUMASSERY, PIN-683579. 9. PURUSHOTHAMAN NAIR, VARANATTU HOUSE, MOOZHIKKULAM, KURUMASSERY.P.O., PIN-683579. 10. DR. STEPHEN, PANIKULANGARA HOUSE, PARAKKADAVU, URUMASSERY, PIN-683579. R1 TO R4 ADV. SRI.G.BIJU,SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.19767/11 PETITIONER'S EXHIBITS: EXT.P1:TRUE COPY OF THE ROC NO.4602/10/NS DATED 27.4.2010. EXT.P2: TRUE COPY OF LETTER DATED 17.3.2011. EXT.P3 SERIES: TRUE COPY OF THREE RECEIPTS FO ADHOC SAMITHI. EXT.P4: TRUE COPY OF PRINTED REQUEST ISSUED BY ADHOC SAMITHI. EXT.P5: TRUE COPY OF LETTER ISSUED BY 3RD RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER DATED 3.11.2009 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(C).No.19767 OF 2011 ------------------------------------ Dated this the 27th day of July, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. 1.We have heard learned counsel for the petitioner and the learned counsel for Travancore Devaswom Board, on instructions. 2.At the outset, we record that the TDB is candid in its stand, even in Ext.P5, that the 10th respondent Dr.Stephen has nothing to do with the temple or the Temple Advisory Committee. Whatever he propagates as the Kshetra Grama Vikasana Samiti has nothing to do with the TDB or the administration of the temple in question. The grievance of the petitioner is that, according to it, respondents 5 to 9, constituted as an adhoc committee, is without authority and WPC.19767/11 2 is acting against the interests of the devotees. It is alleged that they are making collections and appropriating it. 3.Learned counsel for the Board says that the petitioner Samiti or the TAC was found to be one that cannot be permitted to continue and that is how the adhoc committee consisting of respondents 5 to 9 had come into office following certain general directions issued by this Court to have adhoc committees till Regulations of TACs are statutorily made. 4.With the aforesaid, we are satisfied that if the respondents 3 and 4 carry out their duties and responsibilities in terms of the prescriptions of law, there would be no foul play. This is because the receipts which can be used for collection of funds by the adhoc committee as also the TAC have to be those embossed with the seal of the Assistant Commissioner. The 4th respondent Sub Group Officer is the Convener or WPC.19767/11 3 Treasurer of the TAC/Adhoc committee and the funds will have to be accounted by the committee members through the Sub Group Officer. Therefore, if the Assistant Commissioner and Sub Group Officer who are Devaswom servants act in strict conformity with their duties and responsibilities, there could be no room for any complaint. Hence, we order this writ petition directing that those officers will ensure that the work of the adhoc committee of the Thirumoozhikkulam Devaswom is appropriately carried out and regulated by them. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.27/7.