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 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 35553 of 2008(G) -------------------------- PETITIONER(S): --------------- K.SREEKUMAR, AGED 40 YEARS, S/O.K.KUTTAN NAIR, SREENILAYAM, NJEKKAD, VADASSERIKONAM P.O., VARKALA VIA, THIRUVANANTHAPURAM DISTRICT. (MEMBER OF ADVISORY COMMITTEE, SHREE DHARMASASTHA SAMITHI, CHENNANKODE THIRUVANANTHAPURAM). BY ADV. SRI.J.JAYAKUMAR SMT.THASNIM RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. THE ASSISTANT DEVASWOM COMMISSIONER, WARKALA GROUP, TRAVANCORE DEVASWOM BOARD, KEEZHATTINGAL, ATTINGAL. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R1-3 SRI.P.GOPAL FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.S.GOPINATHAN, JJ. ------------------------------- W.P.(C) No.35553 of 2008 ------------------------------- Dated this the 26th February, 2009 J U D G M E N T Raman, J. The prayer made in the writ petition is for appointment of a Full time Santhi, Thali and a watchman in the Dharmasastha Temple at Chennancode. 2. It is stated in the counter affidavit filed by the Travancore Devaswom Board that at present there is a part-time Shanthi and the salary given to the part-time Shanthi is Rs.3,177/= per month (Basic pay Rs.2300/= + D.A. Rs.874/=). In case, if a full-time Shanthi, Thali and Watcher is appointed in the temple, the Board will be liable to pay additional expenditure of Rs.5118/= per month, and after one year, there will be a further revision of pay, and the expenditure thus incurred will be more than the income of the temple, which at present, the W.P.(C) No.35553 of 2008 2 board cannot afford to pay, having due regard to the financial position and the amount received from the temple in question. Regarding the allegation against the functioning of the committee, it is stated therein that the committee is unauthorisedly keeping one room in the temple premises in their possession preventing the officer and other employees of the temple from using the said room. The allegation of mal- administration is also denied. The allegation that 'Kanickavanchi' was kept in the nearby house is also denied. It is stated in that regard that the Former Sub Group Officer of the temple was placed under suspension for misappropriation of money and the Vigilance department has been asked to conduct an enquiry. Now the Kanickavanchi is kept in the Thidappally of the temple during night time. 3. In the reply affidavit filed by the petitioner, the averments made in the counter affidavit is denied and no fresh facts are brought to the notice of this Court, except to produce W.P.(C) No.35553 of 2008 3 Ext.P5, a letter dated 24.1.2009 from the Assistant Commissioner to the petitioner herein, informing that no specific allegation has been raised against the present advisory committee. 5. Having considered the averments in the writ petition, counter affidavit as also in the reply affidavit, and after hearing the parties, the following directions are issued. At present, there is a part-time Shanti, and we do not find, in the facts and circumstances of the case, having due regard to the temple, justifies appointment of a full-time Shanthi at this stge. However, as and when financial position of the temple improves, certainly, the request of the petitioner to appoint a full-time Shanti will be considered by the Board, as also the appointment of Thali and Watcher. 6. With regard to the 'Kanickavanchi', it will be kept during the night time under lock and key in the Thidappally W.P.(C) No.35553 of 2008 4 itself, and during day time, it will be kept in an appropriate place, so as to enable the devotees to make their offerings. The writ petition is disposed of as above. P.R.RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. nj.