IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 RP.No. 70 of 2011(F) -------------------- AGAINST THE JUDGEMENT IN WPC.25051/2010 Dated 05/01/2011 .................... REVIEW PETITIONER(S): ---------------------- 1. V.K.CHANDRABOSE,AGED 71 YEARS, S/O.KUTTAN,SECRETARY,AKHILA BHARATHA AYYAPPA SEVA SANGHAM,REGN.NO.948/78,MADAPLATHURUTHU, MOOTHAKUNNAM P.O.,NORTH PARUR, ERNAKULAM DIST 2. AKILA BHARATHA AYYAPPA SEVA SANGHAM REGN NO-948/78,MADAPLATHURUTHU MOOTHAKUNNAM P.O.,NORTH PARUR, ERNAKULAM DIST BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, TRIVANDRUM,REP.BY ITS SECRETARY 2. THE ASSISTANT DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, NORTH PARUR 3. THE SPECIAL GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, NORTH PARUR GROUP,ERNAKULAM DIST 4. THE SUPERINTENDENT OF POLICE (RURAL)ALUVA 5. THE STATION HOUSE OFFICER, VADAKKEKKARA POLICE STATION NORTH PARUR RP.70/11 2 6. BAIJU V.B,SECRETARY, TEMPLE ADAVOSORY COMMITTEE ANDIPILLIKAVU BHAGAVATHY TEMPLE NORTH PARAVUR, RESIDING AT VADAPPURATHU HOUSE, MADAPLATHURUTHU,MOOTHAKUNNAM P.O.,NORTH PARAVUR 7. K.N.BABU,KATTIPARAMBIL, MADAPLATHURUTHU,MOOTHAKUNNAM P.O., NORTH PARAVUR R1 TO R3 BY ADV.K.N.VENUGOPALA PANICKER R4, R5 BY SR. GOVT. PLEADER SRI.LAKSHMI NARAYAN THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ----------------------------------- R.P.No.70 OF 2011 IN W.P(C).No.25051 OF 2010 ------------------------------------ Dated this the 9th day of February, 2011 O R D E R Thottathil B.Radhakrishnan,J. 1.This review petition is filed by the writ petitioners. 2. The issue relates to the construction of an Anappanthal in front of the Andippillikkavu Bhagavathi Temple under Paroor Group of Travancore Devaswom Board. It appears that one N.S.Sudhi came forward to make contribution to construct the Anappanthal under the supervision of the Devaswom Maramath Department. That was approved by the Department. The construction had to be carried out in accordance with the plan approved by the Thanthri. It is stated that the second petitioner had to take over the work as N.S.Sudhi backed out. About 8 pillars were erected. While matters were left that way, going by the affidavit of RP.70/11 2 the Special Group officer of Kannakulangara Devaswom, the Thanthri had visited the temple. In the course of discussion, it was found that though the pillars were erected in terms of the structural design approved by the Thanthri, the locations where the pillars were erected was not in terms of the approved plan. The Thanthri's suggestion regarding the locus of the Anappanthal were not adhered to. This led to the work coming to a stand still. The petitioners wanted to carry on with the construction. There was some law and order situation and certain objections. This led to a direction being issued by the Division Bench of this court granting order for police protection. The application for review of that order is also stated to have been dismissed. At a later point of time, the Temple Advisory Committee which was duly constituted by the Sub Group Officer, Kannakulangara came up with a proposal to construct the Anappanthal in terms of the plan approved by the Muthassari of the Devaswom. This appears to have been acceded to and on the undertaking of the TAC that it would RP.70/11 3 carry out the construction as per the plan prepared by the Muthasssari, at its expense and under the control and supervision of the Maramath Department, the TAC was permitted to remove the existing pillars which, going by the opinion of the Thanthri, were not in the proper place and alignment. It is in such situation that the pillars were razed as construction activities were to commence. While dismissing the writ petition, we had noted that the pillars in question were razed down. This obviously means that the construction has to be made by some person or group of persons who would be interested in having it done. The TAC has come forward to meet the expenditure and have the work done under the supervision of the Maramath Department of the Board as per the plan of the Muthassari. This is contained in the 9th paragraph of the affidavit of the Special Group Officer of Kannakulangara Devaswom. Under such circumstances, all that is required at this point of time is for the TAC to complete the construction under the supervision of the Maramath Department in accordance with RP.70/11 4 the plan prepared by the Muthassari of the Board and at the advice of the Thanthri of the temple since it is not in the interest of the temple to construct and demolish repeatedly. In the aforesaid circumstances, we order this review petition directing that the Temple Advisory Committee shall carry out the construction by meeting the expenses and such construction shall be carried out under the control and supervision of the Maramath Department of the Board as per the plan prepared by the Muthassari of the Board and in consonance with the advises which may be given by the Thanthri of the temple. This shall be done in a time bound manner, within a period of six months from today. The review petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.10/2.