IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 2686 of 2010(I) ------------------------- PETITIONER(S): ------------------- 1. C.SIVADASAN, S/O.M.P.KUNHIRAMAN MASTER, AGED 59 YEARS, SECRETARY, SREE KURUMALI CHARITABLE SOCIETY, MANJAPRA, PALAKKAD DISTRICT. 2. C.CHANDRASEKHARAN, S/O.LATE KUNHIKANNAN, AGED 50 YEARS, PRESIDENT, SREE KURUMALI CHARITABLE SOCIETY, MANJAPRA, PALAKKAD DISTRICT. BY ADVS. SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE SRI.HARISH R. MENON SRI.K.T.SHYAMKUMAR RESPONDENT(S): --------------------- 1. MALABAR DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER, KOZHIKODE. 2. THE ASSISTANT COMMISSIONER, MALABAR DEVASWOM BOARD, PALAKKAD. 3. THE EXECUTIVE TRUSTEE, SRI.MANJAPRA AYYAPPAN DEVASWOM, MANJAPRA P.O., PALAKKAD DISTRICT, PIN: 678685. 4. P.MANIYAN, S/O.PALANIMALA, ARAMTHODI, MANJAPRA, PALAKKAD DISTRICT, PIN: 678685. R1 & R2 BY ADV. SRI.R.LAKSHMI NARAYANAN,SC, MALABAR DEVASWOM BOARD R3 BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI R4 BY ADV. SRI.K.R.RAGHUNATH BY ADV. SRI.KRISHNAKUMAR MANGOT (AMICUS CURIAE) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK WP(C).No. 2686 of 2010(I) --------------------------------- APPENDIX ------------ PETITIONER'S EXHIBITS ----------------------------- EXT.P1. COPY OF THE REGISTRATION CERTIFICATE EXT.P2. COPY OF THE MEMORANDUM OF ASSOCIATION AND RULES AND REGULATIONS OF THE SOCIETY. EXT.P3. COPY OF THE GIFT DEED NO.2097/1997 OF VADAKKENCHERY SUB REGISTRAR'S OFFICE. EXT.P4. COPY OF THE SALE DEED NO.853/2006 OF VADAKKENCHERY SUB REGISTRAR'S OFFICE EXT.P5. COPY OF THE ORDER DATED 4.1.2010 ISSUED BY THE 2ND RESPONDENT. EXT.P6. COPY OF THE AGREEMENT EXECUTED BY SRI.R.V.VISWANATHAN WITH THE MEMBERS OF THE VELA COMMITTEE EXT.P7. COPY OF THE ORDER OF THE LAND TRIBUNAL, KUZHALMANNAM DATED 8.3.1995 IN S.M.NO.113/1994 EXT.P8. COPY OF THE EXTRACT OF THE BASIC TAX REGISTER OBTAINED BY THE PEITIONER UNDER THE RIGHT TO INFORMATION ACT. RESPONDENT'S EXHIBITS: ------------------------------ ANNEXURE R2(A). COPY OF THE MASS PETITION OF THE DEVOTEES OF KURUMALI BHAGAVATHI DEVASWOM. ANNEXURE R2(B). COPY OF THE PETITION SUBMITTED BY THE 4TH RESPONDENT. EXT.R3 (A). COPY OF THE REGISTERED DEED NO. 1161 OF 1993 OF THE S.R.O. VADAKKANCHERY. EXT.R3(B). COPY OF THE LETTER DATED 22.05.03 SEND BY THE 2ND PETITIONER. EXT.R3(C). COPY OF THE 1 RECEIPT DATED 14.3.94 ISSUED BY THE SAMITHI. EXT.R3(D). COPY OF THE REPORT OF THE VILLAGE OFFICER, KANNAMBRA II / TRUE COPY P.A. TO JUDGE VK THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(C)No.2686 of 2010 ---------------------------------------- Dated this the 15th day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. This writ petition is filed challenging Ext.P5, which is a communication given from the Office of the Assistant Commissioner, Malabar Devaswom Board, to the Executive Trustee of the temple in question. 2. Read order dated 6.10.2010. 3. Following the aforesaid order, Mr.Justice R.Bhaskaran, Former Judge of this Court, who is also the Ombudsman for the Travancore and Cochin Devaswom Boards, had gone into the matter. He has placed an elaborate report, which is on board as MDB-Report No.121 of 2011. The same is received and incorporated in this case, in terms of what is stated in the last portion of the first paragraph of the order dated 6.10.2010. By order dated 29.9.2011, any party desirous to file any objection/statement in opposition or in support of the report of Mr.Justice R.Bhaskaran was also permitted to do so. WP(C).No.2686/2010 2 4. With the aforesaid situation, as of now, the requirement is to leave the parties to agitate the matter before the competent authority. The impugned Ext.P5 can be considered in revision by the Commissioner under Section 18 of the Hindu Religious and Charitable Endowments Act, however ordering that Mr.Justice R.Bhaskaran shall not be summoned to give evidence. We, thus relegate the parties to the Commissioner, subject to the aforesaid and clarifying that we are not expressing anything on the merits of the rival contentions. 5. In terms of the order dated 29.9.2011, it was agreed by all parties that the hall in question can be put to use for Annadanam and attendant activities in connection with Navarathri festivals. The Mandala Makaravilakku season has come and there is consensus that the hall will be provided for activities in connection with Sabarimala season, except on 18th, 21st, 26th and 29th of December, 2011, to which dates the hall is booked for marriages. This writ petition is disposed of in the above terms, further clarifying that the Assistant Commissioner or the Commissioner may pass further orders, as may be found necessary, to manage the WP(C).No.2686/2010 3 situation as noticed in Ext.P5. We also clarify that whatever arrangements have been made in relation to the Navarathri festivals and Mandala Makaravilakku season would stand to be provisional and would not be of any permanent nature. Since Ext.P5 is not covered by any interim order at this end, if the petitioners desire to challenge the same, that shall be done within a period of two weeks from now. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/15.12