IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 30853 of 2008(W) -------------------------- PETITIONER(S): --------------- R.MOHANAN, S/O.RAKKAPPAN, RESIDING AT 'SARADA MANDIRAM', AYODHYA NAGAR, KALLIKAD, PALLIPPURAM.P.O, PALAKKAD-678006. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU RESPONDENT(S): --------------- 1. THE ARCHEOLOGICAL SURVEY OF INDIA, REPRESENTED BY ITS SUPERINTENDING ARCHEOLOGIST, THRISSUR CIRCLE,K.S.H.B.FLATS, PULLAZHI.PO, THRISSUR-680012. 2. THE MALABAR DEVASWAM BOARD, REPRESENTED BY ITS SECRETARY, (FORMERLY HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS (ADMINISTRATION)DEPARTMENT), KOZHIKODE. 3. THE ASSISTANT COMMISSIONER, H.R. & C.E. (ADMN.)DEPARTMENT, PALAKKAD. 4. SREE ANJANEYA SEVA SAMITHY (REGISTRATION NO.472/91), KADHALIVANAM, WEST FORT ROAD, PALAKKAD. BY ADV. SRI.D.SOMASUNDARAM FOR R4 SRI.ABRAHAM THOMAS, CGC FOR R1&3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 BY GOVT. PLEADER SRI.R.LAKSHMI NARAYAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.30853 of 2008 EXT.P1 TRUE COPY OF THE ORDER DATED 2.5.2007. EXT.P2 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.15567 OF 2007 ON THE FILE OF THIS HON'BLE COURT DATED 26.7.2007. EXT.P3 TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 24.3.2008 RESPONDENT'S EXTS: EXT.R1(a) TRUE COPY OF THE NOTIFICATION NO.77 DATED 28.2.1921 EXT.R1(b) TRUE COPY OF THE COMPLAINT LETTER DATED 29.12.1999 EXT.R1(c) TRUE COPY OF THE LETTER NO.4/1/KPA/91-2000/1058. //TRUE COPY// P.A. TO JUDGE. P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.30853 of 2008 ------------------------------- Dated this the 19th February, 2009 J U D G M E N T Raman, J. This writ petition is filed seeking directions to the respondents 1 to 3 to frame a scheme for the administration of the temple with the assistance of respectable and honest devotees as directed in Ext.P2 judgment; to enter into an agreement regarding the custody of the temple in terms of Section 6 of the Ancient Monuments and Archeological Sites and Remains Act, 1958; and also for a direction to the second respondent to forbear from sealing the temple under its lock and key without framing a scheme. 2. Heard the learned counsel appearing on either side. W.P.(C) No.30853 of 2008 2 Considering the facts and circumstances of the case, no further direction is called for, in view of Ext.P2 judgment to frame a scheme. However, the writ petition is disposed of as follows. Until a scheme is framed, as directed by this Court in Ext.P2 judgment, the day-to-day affairs of the temple will have to be carried out by a committee consisting of the Assistant Commissioner, Malabar Devaswom, Palakkad; the Executive Officer to be appointed by the Malabar Devaswom; two persons nominated from the Department of Archeological Survey of India; and the present President and Secretary of the 4th respondent, Sree Anjaneya Seva Samithy. The day-to-day expenditure will be made from out of the funds now available with the 4th respondent. Since the temple is now situated in a building belonging to the Archeological Department, no changes shall be made to the building, except with the permission of the Archeological Department. The Chairman of the Committee shall be the Assistant Commissioner, Malabar Devaswom, Palakkad. The entire accounts as on today along with the balance amount shall be placed before this Committee. The records shall be kept W.P.(C) No.30853 of 2008 3 in the custody of the Assistant Commissioner/Executive Officer, and the amounts shall be deposited in State Bank of India, Fort Maidhan Branch, Palakkad, in the name of the Committee to be operated by the Executive Officer and one of the nominees of the Archeological Department. However, expenditure shall be met based on the decision of the committee. It is open to either of the parties to seek clarification, if necessary. The scheme be framed without delay. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.