IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 WP(C).No. 32416 of 2011(B) ------------------------------------- PETITIONER: RAMACHANDRAN NAIR, AGED 66 YEARS, S/O.K.P.NARAYANAN NAIR, VICE PRESIDENT OF THE KSHETHROPADESAKA COMMITTEE (ADVISORY COMMITTEE) OF ARANMULA SHREE PARTHASARATHY TEMPLE, PATHANAMTHITTA, RESIDING AT REVATHI HOUSE, ARANMULA.P.O., PATHANAMTHITTA. BY ADV. SRI.C.V.MANUVILSAN SRI.P.G.SURESH SMT.K.VIDYA SRI.RAJAN VISHNURAJ RESPONDENTS: 1. ASST.DEVASWOM COMMISSIONER (ARANMULA GROUP), TRAVANCORE DEVASWAM BOARD, ARANMULA.689 645. 2. DEVASWAM ADMINISTRATIVE OFFICER, ARANMULA SHREE PARTHASARATHY TEMPLE, PATHANAMTHITTA-689 645. 3. THE COMMISSIONER, TRAVANCORE DEVASWAM BOARD, NANDANCODE, THIRUVANANTHAPURAM-695 001. 4. THE TRAVANCORE DEVASWAM BOARD, NANDANCODE, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 695 001. 5. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF DEVASWAM, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 6. THE HON'BLE OMBUDSMAN FOR TRAVANCORE, COCHIN DEVASWAM BOARDS, ERNAKULAM, REP. BY ITS SECRETARY. 682 031. R1-R4 BY ADV. SRI.K.N.VENUGOPALA PANICKER R5 BY SR.GOVT. PLEADER SRI.T.RAMAPRASAD UNNI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 32416/2011 EXT. P1 TRUE PHOTOCOPY OF THE MINUTES BOOK OF THE TEMPLE ADVISORY COMMITTEE 2010-2011 EXT. P2 TRUE PHOTOCOPY OF THE ROC NO.1809/09/NS DT. 19.4.2010 EXT. P3 TRUE PHOTOCOPY OF THE ANNUAL REPORT OF THE ADVISORY COMMITTEE OF THIRUVARANMULA TEMPLE FOR THE YEAR 2010-2011 EXT. P4 TRUE PHOTOCOPY OF THE NOTICE OF “SAPTHA YAGNA” HELD IN THE MONTH OF MAY 2010 UNDER THE GUIDANCE OF TEMPLE ADVISORY SAMITHI EXT. P5 TRUE PHOTOCOPY OF THE NOTICE OF “BHAGAVATHA SAPTHA YAGNA” AND “PUSHPABHISHEKAM” HELD IN THE MONTH OF MAY 2011 UNDER THE TEMPLE ADVISORY SAMITHI EXT. P6 TRUE PHOTOGRAPH OF THE FLEX BOAD DISPLAYED OUTSIDE THE TEMPLE EXT. P7 TRUE PHOTOCOPY OF THE COMPLAINT NO.349/2011 SUBMITTED BEFORE THE HON'BLE OMBUDSMAN Thottathil B.Radhakrishnan & M.L.Joseph Francis, JJ. ------------------------------------------------------------- W.P.(C)No.32416 of 2011 B ------------------------------------------------------------- Dated this the 21st day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan J. At the request of the counsel for the petitioner, sixth respondent is struck off from the array of parties. 2. Petitioner has filed a complaint before the learned Ombudsman. He apprehends that the learned Ombudsman does not have authority to pass interim orders. This apprehension appears to have been generated on the basis of the submission made before the learned Ombudsman. We think that the learned Ombudsman is right when it is said that the learned Ombudsman would not issue any interim orders or final orders. In the strict terms of the word 'order', as understood in the realm of law, this Court has issued directions under which, the Learned Ombudsman can issue orders, instructions, advises, etc. to the Board authorities. The learned Ombudsman, otherwise, makes reports after marshelling the entire relevant materials. Learned WPC 32416/2011 2 Ombudsman renders abundance assistance to this Court in deciding the matters. Learned Ombudsman also advises the Board as and when necessary action as may be necessary could be issued through it. It is too premature for the petitioner to agitate such an issue before this Court. It will be well advisable for the petitioner to participate in the proceedings of the learned Ombudsman so that conclusions can be arrived at when report is generated. The Board authorities and the learned Ombudsman will obviously do the needful. Writ petition is ordered without entering on any merits of the contentions. (Thottathil B.Radhakrishnan, Judge) (M.L.Joseph Francis, Judge) tkv