IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 13860 of 2006(Y) -------------------------- PETITIONER: ------------ C. MURALI, S/O. GOVINDAN, CHETTIKKAL (H), VAZHAKKULAM (VIA), MALAPPURAM-676 508. BY ADV. SMT.G.SUMA RESPONDENTS: ------------- 1. THE COMMISSIONER, HR & CE, ADMINISTRATION DEPARTMENT, KOZHIKODE. 2. ASSISTANT COMMISSIONER, HR & CE DEPARTMENT, THIRUR. 3. VENNIYUR SIVA KSHETRA KARMA SAMITHY, REP. BY ITS PRESIDENT, L. THEYYUTTY, THENNALA P.O. MALAPPURAM, PIN-676 511. 4. AYYAPPA BAJANA SAMITHY, REPRESENTED BY ITS PRESIDENT, VENNIYUR SIVA TEMPLE THIRURANGADY TALUK, MALAPPURAM DISTRICT. 5. SUPERINTENDENT OF POLICE (RURAL), MALAPPURAM. 6. MOHAN PANACHIKKAL, S/O. ARUMUGHAN, KALYATHODI, CHULLIPPARA, MALAPPURAM,PIN-676 508. BY ADV. SRI.T.KRISHNAN UNNI (SR.) FOR R3 & R4 SRI.P.K.SURESH KUMAR FOR R6 SRI.K.P.SUDHEER FOR R6 R1 & R2 & R5 BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 SERIES TRUE COPY OF THE VAZHIPADU RECEIPTS ISSUED BY THE THIRD RESPONDENT EXT.P2 TRUE COPY OF NOTICE ISSUED BY THIRD RESPONDENT. EXT.P3 TRUE COPY OF THE COMMUNICATION DATED 20.7.2005 ISSUED BY THE 2ND RESPONDENT TO THE TRUSTEE OF VENNIYUR DEVASWOM. EXT.P4 STRUE COPY OF COMPLAINT DATED 16.5.2006 SUBMITTED BY THE PETITIONER AND ANOTHER TO THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE COMPLAINT DATED 2.5.2006 SENT BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE REPLY DATED 17.5.2006 SENT BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- W.P.C. No. 13860 OF 2006 -------------------------------------------- Dated this the 4th day of August, 2008 JUDGMENT Ramachandran Nair,J. The allegation of the petitioner is that respondents 3 and 4 are collecting fund privately in the name of the temple, and they are utilising the fund for their purpose. However, Government Pleader submitted that on enquiry some of the allegations are found to be true and the amount was retrieved and deposited to the Devaswom account. In the circumstances, WPC is closed leaving freedom to the petitioner to bring to the notice of the Commissioner any irregularity, if taken place, subsequently. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk