IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 18428 of 2011(C) -------------------------- PETITIONER(S): --------------- V. THANKAPPAN PILLA, VICE PRESIDENT, SASNKARA NARAYANA SWAMY TEMPLE ACTION COMMITTEE, SANKARA NARAYANAPURAM, PERUMKADAVILA.P.O, NEYYATINKARA. BY ADV. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS VICE PRESIDENT, NANDANCODE, THIRUVANANTHAPURAM. 2. DEVASWOM COMMISSIONER, DEVASWOM COMMISSIONER'S OFFICE, NADANCODE, THIRUVANANTHAPURAM. 3. DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION), DEVASWOM COMMISSIONER'S OFFICE, NANDANCODE, THIRUVANANTHAPURAM. 4. ASSISTANT DEVASWOM COMMISSIONER NEYYATINKARA GROUP, NEYYATINKARA.P.O. 5. SUB GROUP OFFICER, OTTASEKHARAMANGALAM SUB GROUP, OTTASEKHARANMANGALAM,NEYYATINKARA TALUK. BY ADV.K.N.VENUGOPALA PANICKER, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.18428/11 PETITIONER'S EXHIBITS: EXT.P1:TRUE COPY OF THE TRAVANCORE GOVERNMENT GAZETTE DATED 6.1.1925. EXT.P2: TRUE COPY OF THE RELEVANT PAGES OF THE SCHEDULE OF TEMPLES PUBLISHED BY TRAVANCORE DEVASWOM BOARD. EXT.P3: TRUE COPY OF THE DEED NO.8097/66 EXECUTED BY AND IN FAVOUR OF MEMBERS OF THATHAMALA FAMILY DATED 28.12.1966. EXT.P3(a): TRUE COPY OF THE DEED EXECUTED BY AND IN FAVOUR OF MEMBERS OF THATHAMALA FAMILY DATED 28.3.1122 ME. EXT.P4: TRUE COPY OF THE DEED IN FAVOUR OF 1ST RESPONDENT DATED 13.6.2001 OF PERUNKADAVILA SUB REGISTRY. EXT.P4(a): TRUE COPY OF THE THANDAPER REGISTER OF PERUNKADAVILA VILLAGE. EXT.P4(b): TRUE COPY OF THE TAX REGISTER OF PERUNKADAVILA VILLAGE. EXT.P5: TRUE COPY OF THE NOTICE PUBLISHED BY THE ADVISORY COMMITTEE. EXT.P5(a): TRUE COPY OF THE NOTICE PUBLISHED BY THE ADVISORY COMMITTEE. EXT.P6: TRUE COPY OF THE COMPLAINT FILED BY THE DEVOTEES BEFORE THE COMMISSIONER OF TRAVANCORE DEVASWOM BOARD. EXT.P7: TRUE COPY OF THE REPORT SUBMITTED BY THE ASSISTANT COMMISSIONER, TDB DATED 3.2.2010. EXT.P8: TRUE COPY OF THE LETTER DATED 19.5.2010 ISSUED BY ASSISTANT COMMISSIONER, TDB. EXT.P10: TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.6.2011 PRAYING TO TAKE STEPS TO PREVENT THE USAGE OF THE NAME THATHAMALA IN THE NOTICES, PHAMPHLETS, RECEIPTS AND OTHER RECORDS. /TRUE COPY/ PA TO JUDGE. THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(C).No.18428 OF 2011 ------------------------------------ Dated this the 18th day of August, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The petitioner complains that the name and address of the temple in question is erroneously described in notices and receipts in connection with the temple and the festivals. He points out that the word ‘Thathamala’ is being introduced with some vested interest to make it appear that the temple belongs to some family. On the face of Exts.P7 and P8, we are of the view that the concerned Devaswom authorities have appropriate notice of this complaint and have issued directions that all documents shall show the address of the temple only as Sankaranarayanapuram Devaswom, Aiyoor, Perumkadavila. Therefore, it is the bounden duty of the respondents to ensure that no notice or receipt issued with the approval or seal of TDB authorities shall contain any description about the temple WPC.18428/11 2 other than what is approved by the TDB authorities in Exts.P7 and P8. Obviously, no receipts can be issued for collection of funds in connection with temple, including festivals, except otherwise than by utilising receipts which are stamped by the TDB through its competent authority. The respondents shall ensure that this direction is strictly complied with. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.19/8.