IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 WP(C).No. 23746 of 2007(B) -------------------------- PETITIONER: ------------ 1. P.K.CHERUMPATTY THAMPURATTY, W/O.RAMAN NAMBOODIRI, HERIDITARY TRUSTEE, ERATTUKULANGARA BHAGAVATHI KSHETHRAM KOTTAYI AMSOM, NOW RESIDING AT `SADASIVAM', PUTHIYA KOVILAKAM, PANNIYAMKARA AMSOM, THIRUVANOOR, KOZHIKODE-29. 2. SRI.A.K.RAJA, FIT PERSON OF ERATTUKULANGARA BHAGAVATHI TEMPLE, KOZHIKODE-16. BY ADV. SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN SRI.V.ARUN RESPONDENTS: ------------- 1. COMMISSIONER HR & CE (ADMN.), DEPARTMENT, CIVIL STATION, CALICUT-20. 2. DEPUTY COMMISSIONER, HR & CE (ADMN.), DEPARTMENT, CIVIL STATION, CALICUT-20. 3. ASSISTANT COMMISSIONER, HR & CE (ADMN.), DEPARTMENT, CIVIL STATION, PALAKKAD. R1 TO R3 BY GOVT.PLEADER SRI R.LAKSMINARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN,JJ. ---------------------------------------------- W.P.C.N0.23746 OF 2007 ---------------------------------------------- Dated, 11th January, 2008. JUDGMENT Raman,J. The first petitioner herein is a Hereditary Trustee of Erattukulangara Bhagavati Kshetram, Kottayi amson, Thiruvanoor, Kozhikode and the 2nd petitioner is the “Fit person” appointed by the Assistant Commissioner under the H.R & C.E. Act to receive the annuity sanctioned on behalf of the above Devaswom. Petitioners seek to issue appropriate direction to the respondents to disburse the amount to be paid by the department from the fund provided by the Government for the specific purpose of releasing them to the temples in Malabar for meeting the expenses including the salary of the employees. Another prayer is for issuing a writ of certiorari to quash Ext.P5 order to the extent it imposed certain conditions namely to obtain prior sanction for withdrawing the annuity amount from the treasury. The third prayer is to issue a direction to the respondents to extend the period of 2nd petitioner as Fit wpc 23746/07 2 person for 3 years as prayed for. 2. When the matter was taken up for consideration, the learned Counsel Smt.Shahna Karthikeyan submitted that she is not pressing the first relief since the relief has already been obtained. As far as the 2nd relief is concerned, Ext.P5 order has already been stayed by this Court and the amount is deposited in the Treasury Savings Bank account. It is submitted that annuity payable is only Rs.1000/- of which 50% is Rs.500/- and for withdrawing the same, prior sanction ought not have been insisted. 3. We heard the learned Government Pleader. 4. Considering the fact that the amount is only 500/- per year and the temple is situated away from Kozhikode and on an over all consideration of the facts and circumstances, we find that this is a fit case where prior sanction from Assistant Commissioner need not be insisted. However, this will not form a precedent. Accordingly, we are of opinion that the condition in Ext.P5 need not be insisted in the case of the petitioner. However the amount spent be accounted for. As regards the 3rd prayer, an application to that effect has already been moved and wpc 23746/07 3 pending before the Assistant Commissioner. Considering the totality of the fact, it is for the Assistant Commissioner to consider whether the period should be extended in every 6 months instead of a larger period while considering the application filed by the petitioner. A practical approach shall be taken by the Assistant Commissioner. The writ petition is disposed of accordingly. P.R.RAMAN, JUDGE. V.K.MOHANAN, JUDGE. kvm/- wpc 23746/07 4 V.K.MOHANAN, J. No.... Judgment/Order Dated: