IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 3745 of 2010(P) --------------------------------- PETITIONER(S): ------------------ 1. PRAVEEN KANJINGATH, S/O.UNNIKRISHNAN, KANJINGATH HOUSE, ENKAKAD POST, THRISSUR DISTRICT. 2. I.RAMANKUTTY, KUNKUMATH HOUSE, ENKAKAD POST, THRISSUR DISTRICT. BY ADV. SRI.P.BHASKARAN RESPONDENT(S): --------------------- 1. COCHIN DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, OFFICE OF THE COCHIN DEVASWOM BOARD, THRISSUR. 2. SPECIAL DEVASWOM COMMISSIONER, COCHIN DEVASWOM BOARD,OFFICE OF THE COCHIN DEVASWOM BOARD, THRISSUR. 3. DEVASWOM ASSISTANT COMMISSIONER, THIRUVILWAMALA GROUP, COCHIN DEVASWOM BOARD, WADAKANCHERY, PIN;682 582, THRISSUR DISTRICT. ADV. SRI.K.GOPALAKRISHNA KURUP,STANDING COUNSEL, COCHIN D.B FOR R1 TO 3 SRI.KRISHNAKUMAR MANGOT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sou. THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ ------------------------------------------------ W.P.(c).No.3745 of 2010 ---------------------------------------- Dated this the 18th day of February, 2010 J U D G M E N T THOTTATHIL B.RADHAKRISHNAN, J The petitioners seek direction in relation to conduct of election for constitution of Kshethra Kshema Samithi of Veeranimangalam temple in compliance with the direction in Exts.P1 and P2 judgments. The direction in Ext.P1 was regarding the constitution of a new committee to assist in the administration of the temple. Following that, report No.50 was placed by the learned Ombudsman. That led to the issuance of Ext.P2 judgment. 2. Following the interim order on 4.2.2010 the learned Ombudsman has now placed a report dated 11.2.2010 (Report No.28 of 2010). 3. By Act 5 of 2007 Section 76 A was inserted into the Travancore Cochin Hindu Religious Institutions Act, 1950 providing for the formation of Temple Advisory Committee in W.P.(c).No.3745/2010 2 order to ensure participation of Hindu devotees. The composition of the committee shall be in the manner prescribed by the rules made by the Board. With the passage of time, Board made draft rules and also obtained views of this court. Certain modifications were suggested taking into consideration the recommendation of the learned Ombudsman also. The intention of having a temple advisory committee ensuring participation of Hindu devotees has a statutory purpose. There can be no excuse for it. Therefore, if the Cochin Devaswom Board has not finalised the the rules and published it by this time, it shall be done without fail within a period of four weeks now. This direction shall be treated as peremptory. 4. In so far as the case in hand is concerned, we are satisfied by the statement in the report No.28 of 2010 where the learned Ombudsman says, quite rightly, that the fixation of a particular fee for membership was subject matter of report No.50 which was considered and Ext.P2 judgment was issued. At any rate, we are not inclined to take any contrary view, at this point of time, when election is fixed to held on 21.2.2010, It will not be proper to interfere with the electoral process in any manner. W.P.(c).No.3745/2010 3 5. With the aforesaid we direct that Cochin Devaswom Board officials will have the election conducted in terms of the advise that the learned Ombudsman has given and may give and under whose advise the electoral process is now going on. Election shall be held and reported to the learned Ombudsman. Writ petition ordered accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. P.S.GOPINATHAN, JUDGE. Sou.