IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 19720 of 2010(L) -------------------------- PETITIONER(S): --------------- NARAYANANKUTTY MENON P S/O.THANGAM @ DEVAKI AMMA, PONTHENKANDATH HOUSE VADAKKEKKARA LANE, NEAR P.W.D OFFICE IRINJALAKUDA PO, THRISSUR DISTRICT. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT(S): --------------- 1. SREE KOODALMANIKAM DEVASWOM, IRINJALAKUDA, REP BY THE CHAIRMAN, OFFICE OF THE MANAGING COMMITTEE, KOTTALAKKAL, IRINJALAKUDA. 2. 'SREE KOODALMANIKAM DEVASWOM, MANAGING COMMITTEE, REP BY THE ADMINISTRATOR OFFICE OF THE MANAGING COMMITTEE, KOTTALAKKAL, IRINJALAKUDA. ADV. SRI.HARISANKAR V. MENON FOR R2 SRI.KRISHNAKUMAR MANGOT, AMICUS CURIAE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE PHOTOGRAPH SHOWING THE LOCKED EASTERN NADA EXT.P2 COPY OF THE PHOTOGRAPH SHOWING THE NEWLY BUILT 5TH NADA EXT.P3 COPY OF THE PHOTOGRAPH OF THE NEWLY CONSTRUCTED GOPURAM DOOR. EXT.P4 COPY OF THE REPRESENTATION DATED 5.4.2010 EXT.P5 COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 5.4.2010 EXT.P6 COPY OF THE LETTER DATED 16.7.2010 OF THANTHRI EXT.P7 COPY OF THE REPRESENTATION DATED 17.7.2010 BY SECRETARY, KAMAKOTI YAJURVEDA PATASALA BRAHMASWOM MADAM, IRINJALAKUDA. EXT.P8 COPY OF THE RELEVANT PAGES OF THE HISTORICAL BOOK OF SREE KOODALMANIKKOM TEMPLE. 2ND RESPONDENT'S EXHIBITS: EXT.R2(a) COPY OF THE PRASNA CHARTHU OF THEDEVASWOM EXT.R2(b) COPY OF RELEVANT PAGE OF PRASNA CHARTHU OF THE DEVASWOM DATED 31.10.1990 EXT.R2(c) COPY OF MINUTES OF THE MEETING OF THANTHRIES DATED 8.10.2003 EXTR2(d) COPY OF OPINION GIVEN B Y SRI. PEZHANGAPARAMBU UNNIKRISHNAN NAMBOOTHIRI DATED 16.10.2003 REPORT NO. 128 OF 2010 OF OMBUDSMAN. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & P.S. GOPINATHAN, JJ. -------------------------------------------- W.P.C. No. 19720 of 2010 -------------------------------------------- Dated this the 20th day of August, 2010 JUDGMENT Ramachandran Nair, J. Heard counsel for the petitioner, standing counsel for the Devaswom Board and Amicus Curiae appearing for Ombudsman. It is reported that among thanthries the predominant view is that devotee entry could be permitted through the eastern door that is Kizhakke nada. Even though Ombudsman has reported that there is difference of opinion among thanthries predominant view is in favour of devotees who claim entry through the eastern door. Door itself is provided for entry to devotees and we see no reason why that door remains closed. We therefore dispose of the WPC directing the Devaswom to keep the eastern door open at all times when the temple is open for pilgrims to enter the temple or leave the temple. In view of the above order, temporary door opened at the northern side can be closed, if not required for poojaries or any other purpose. Similarly Vilakku madam with Ramayana story inscribed thereon should be restored. We feel the WPC 19720/2010 2 Devaswom should provide a small ventilation in the front door so that devotees who come to the temple when it is closed could have darshan of the flag mast from outside of the front door of the temple and offer their prayers. (C.N.RAMACHANDRAN NAIR) Judge. (P.S. GOPINATHAN) Judge. kk WPC 19720/2010 3