IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 23613 of 2011(B) -------------------------- PETITIONER(S): -------------- 1. PRASAD, SECRETARY, 6TH DIVISION COMMITTE MAJOR PATHIYOOR SREE DURGA DEVI TEMPLE, S/O PADMANABHAN, AGED 45, R/A KRISHNA BHAVAN, PATHIYOOR P.O., ALAPPUZHA-690552 2. J.BINU, SECRETARY, 7TH DIVISION COMMITTEE MAJOR PATHIYOOR SREE DURGA DEVI TEMPLE, S/O JANADDHANAN, AGED 42, VADASSERIL HOUSE, KEERIKADU P.O., ALAPPUZHA-690508 BY ADV. SRI.K.R.SUNIL RESPONDENT(S): -------------- 1. THE CHIEF ENGINEER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM - 695001. 2. THE SUB GROUP OFFICER, TRAVANCORE DEVASWOM BOARD, MAJOR PAHTIYOOR SREE DURGA DEVI TEMPLE PATHIYOOR P.O.,ALAPPUZHA DISTRICT - 688530 3. THE SECRETARY, PATHIYOOR GRAMA PANCHAYATH, PATHIYOOR P.O., ALAPPUZHA DISTRICT - 688530 WP(C).No. 23613 of 2011(B) 4. CHELLAPPAN, S/O KUTTY, AGED 70, SECRETARY, 8TH DIVISION COMMITTEE MAJOR PATHIYOOR SREE DURGA DEVI TEMPLE, R/A PUTHENKANDATHIL, KEERIKADU P.O., ALAPPUZHA DISTRICT - 688 530 5. ANIL KUMAR, S/O GOPINATHAN PILLAI, AGED 42 YEARS, SECRETARY, 9TH DIVISION COMMITTEE MAJOR PATHIYOOR SREE DURGA DEVI TEMPLE, R/A SWATHI, KEERIKADU P.O., ALAPPUZHA DISTRICT - 688530 R1 & R2 BY ADV. SRI. G.BIJU, SC, TDB R3 BY ADV. SRI. VINCENT JOSEPH R4 & R5 BY ADV. SRI.K.SUBASH CHANDRA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BKA WP(C).No. 23613 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPIES OF THE NOTICES PUBLISHED BY 1ST DIVISION. EXT.P2: COPIES OF THE NOTICES PUBLISHED BY 2ND DIVISION. EXT.P3: COPIES OF THE NOTICES PUBLISHED BY 3RD DIVISION. EXT.P4: COPIES OF THE NOTICES PUBLISHED BY 4TH DIVISION. EXT.P5: COPY OF THE COMPLAINT SUMBITTED BY THE PETITIONERS DATED 26/8/2011 BEFORE THE 1ST RESPONDENT. EXT.P6: COPY OF THE COMPLAINT SUMBITTED BY THE PETITIONERS DATED 26.8.2011 BEFORE THE 2ND RESPONDENT. EXT.P7: COPY OF THE COMPLAINT SUMBITTED BY THE PETITIONERS DATED 26.8.2011 BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS: EXT. R4(a): COPY OF THE CHARTH ISSUED BY THE ASTROLOGER DATED 05.06.2011. EXT. R4(b): COPY OF THE PERMISSION GRANTED BY THE TEMPLE ADVISORY COMMITTEE OF MAJOR PATHIYOOR SREE DURGA DEVI TEMPLE DATED 13.06.2011. EXT. R4(c): COPY OF THE SANCTION ACCORDED BY THE CHIEF ENGINEER OF TRAVANCORE DEVASWOM BOARD DATED 14.06.2011 ADDRESSED TO THE EXECUTIVE ENGINEER MAVELIKKARA. EXT. R4(d): COPY OF THE APPROVED PLAN AND ORDER OF THE CHIEF ENGINEER OF TRAVANCORE DEVASWOM BOARD DATED 26.08.2011. EXT. R4(e): COPY OF THE NOTICE PRINTED AND PUBLISHED JOINTLY BY THE COMMITTEES OF PATHIYOOR KARA WEST AND PATHIYOOR KALA WITH THE CO-OPERATION AND CONSENT OF DEVASWOM BOARD AND TEMPLE ADVISORY COMMITTEE. WP(C).No. 23613 of 2011(B) EXT. R1(a): COPY OF THE 'DEVAPRASNAM CHARTHU'. EXT. R1(b): COPY OF THE REQUEST MADE BY THE KARA COMMITTEES BEFORE THE BOARD. EXT. R1(c): COPY OF THE CHARTHU OF THE THANTHRI. EXT. R1(d): COPY OF THE SKETCH AND PLAN PREPARED BY THE TEMPLE ARCHITECT. EXT. R1(e): COPY OF THE SANCTION ACCORDED BY THE 1ST RESPONDANT FOR THE CONSTRUCTION. EXT. R1(f): COPY OF THE REPLY GIVEN BY THE 2ND RESPONDENT TO EXT.P6 COMPLAINT. //TRUE COPY// PA TO JUDGE BKA THOTTATHIL B.RADHAKRISHNAN & C.T. RAVIKUMAR, JJ. ------------------------------------------ W.P.(C) NO. 23613 OF 2011 ------------------------------------------ Dated this the 16th day of November, 2011 J U D G M E N T Thottathil B. Radhakrishnan, J. We required the Travancore Devaswom Board to state its views as per our order dated 06.09.2011. The requirement of an 'Alankara Gopuram' on the eastern side also can be considered and settled amicably. We record the submission in this regard and close this writ petition without entering on merits, further ordering that the parties may move the learned Ombudsman in the event of any requirement for a further negotiated settlement. We also leave open the requirement of any statutory approval from LSGI authorities. This writ petition is ordered accordingly. THOTTATHIL B.RADHAKRISHNAN JUDGE C.T. RAVIKUMAR JUDGE bka/-