IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 624 of 2008(Y) ------------------------ PETITIONER: ------------ T.K.SASIDHARAN, THEKKEMANGAMADATHIL HOUSE, PANANGAD P.O. KUMBALAM. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: ------------- 1. COCHIN DEVASWOM BOARD, THRISSUR - REPRESENTED BY ITS SECRETARY. 2. KAMOTH DEVASWOM, KAMOTH TEMPLE, PANANGAD - REPRESENTED BY ADVOCATE COMMISSIONER, K.JAYAKUMAR, ADVOCATE, HIGH COURT OF KERALA, ERNAKULAM. 3. ADVOCATE COMMISSIONER/RETURNING OFFICER, KAMOTH DEVASWOM, PANANGAD. 4. KOCHAPPA MENON, PEZHAPALLY, ELOOR NORTH UDYOGAMANDAL, ERNAKULAM DISTRICT. BY GOVT.PLEADER SRI R.LAKSHMINARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 624 OF 2008 = = = = = = = = = = = = = = = DATED THIS, THE 8TH DAY OF JANUARY, 2008. J U D G M E N T Raman, J. This is a writ petition fled by the Secretary of Kamoth Bhagawathi Kshethra Seva Samithy, Panangad. His grievance is that the Commissioner appointed by this Court has published a voters list in which 98 persons who are not ordinary residents of the locality has been included. Though objections were filed, over-ruling the same, Ext.P4 final list was issued. The contention so raised rests on an interpretation of Clause 42 of the bye- law. The proper authority to take a decision in the matter being the Cochin Devaswom Board as per Clause 61, it is open to the petitioner to approach the Cochin Devaswom Board in this regard. Since we are not taking a decision on the merits of the contention, it is not necessary to issue notice to the 4th respondent who is impleaded in this writ petition in a representative capacity. In case a petition is filed, the Devaswom Board will issue notice to the parties concerned and after hearing all concerned a decision shall be rendered expeditiously, at any rate, within a period of six WP(C) 624/2008 :2: weeks from the date of receipt of such application. In the mean time, since the election is to be held, those persons who are now included in the list in respect of which a dispute is raised, will be permitted to exercise their franchise, but the ballets shall be kept in a separate box. The writ petition is disposed of as above. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-