IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 26599 of 2009(T) -------------------------- PETITIONER: ---------------- P.N.SIVAN PALAMATTOM,PRESIDENT, TEMPLE ADVISORY COMMITTEE, THONNIYAKAVU BHAGAVATHY TEMPLE, TRAVANCORE DEVASWAM BOARD, NORTH PARUR ERNAKULAM 683 513. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF DEVASWAMS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 3. THE TRAVANCORE DEVASWAM BOARD, REPRESENTED BY ITS SECRETARY, NANTHANCODE. 4. THE CHIEF COMMISSIONER, THE TRAVANCORE DEVASWAM BOARD, THIRUVANANTHAPURAM. SR. GOVT. PLEADER SRI. R. LAKSHMINARAYAN. S.C. FOR T.D.B. SRI. V. KRISHNA MENON. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ. = = = = = = = = = = = = == == = = = W.P.(C) 26599 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 24TH . DAY OF 2009. J U D G M E N T Raman, J. Petitioner is stated to be an ardent devotee of Lord Ayyappa and is also the President of the Temple Advisory Committee of the Thonniyakavu Bhagavathy Temple. The grievance of the petitioner seems to be the irregularities stated to have been detected by the Local Fund Audit and reported in the press. Based on the paper reports, to find out a prima facie case an enquiry committee is constituted by the 4th respondent and according to him such a committee constituted with members none other than the officials of the Board may not bring out the desired result and therefore, such an enquiry is to be legally interfered. He placed reliance on the various decisions of the Apex Court in support of his case. The prayer made in this writ petition is, therefore, to stall such enquiry and to hand over the same to an independent authority or investigating agency. WP(C) 26599/2009 2 2. We have heard the learned Senior Counsel Sri. Chithambaresh and perused the records. This is nothing but a Public Interest Litigation. No individual grievance as such is raised before this Court. The Local Fund Audit Report is a regular matter which is being considered by this Court before and appropriate orders are passed. As respect to the Local Fund Audit referred to this Court, we have already referred the same to the Ombudsman for report. Therefore, the matter need not be enquired into by another investigating agency. Secondly, the committee constituted is only for the purpose of satisfying the higher authorities in the Board to decide as to what further action to be taken and that being an internal arrangement made by the Board in force, we need not interfere with any such proceeding and we do not think that a petition under Article 226 of the Constitution of India need be entertained in the absence of any further materials placed on record and we do not think it is necessary to constitute any such outside agency for such enquiry. However, as already stated, the audit report is being examined by this Court in separate proceedings. 3. The other prayer made in this writ petition is for a direction to constitute a Board. This is not the function of this Court and it is for the WP(C) 26599/2009 3 Government in accordance with the Statute to do so. In the result, there is no merit in the writ petition. Dismissed. P.R. RAMAN, (JUDGE) P.R. RAMACHANDRA MENON, (JUDGE) KNC/-