IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 4197 of 2009(Y) ------------------------- PETITIONER(S): --------------- V.MADHU, S/O.VASUDEVAN, THARUVINKAL, MUTHUKULAM SOUTH, ALAPPUZHA. BY ADV. SRI.S.KRISHNAMOORTHY SRI. VISHNU S. CHEMPAZHANTHIYIL. RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. 2. SUB GROUP OFFICER, PANDAVARAKAVU SUB GROUP MUTHUKULAM, ALAPPUZHA. 3. KSHETRA UPADESAKA SAMITHI PANDAVARKAVU DEVI KSHETRAM, REP. BY ITS PRESIDENT, MUTHUKULAM, ALAPPUZHA. 4. MUTHUKULAM VAZHAPPALLY MUNNILA EAST NO.177, NSS KARAYOGAM, REP. BY ITS PRESIDENT WP(C).No. 4197 of 2009(Y) 2 MUTHUKULAM, ALAPPUZHA. 5. MUTHUKULAM VAZHAPALLY MUNNILA WEST NO.1198, NSS KARAYOGAM, REP. BY ITS PRESIDENT MUTHUKULAM, ALAPPUZHA. 6. MUTHUKULAM MAROOR MUNNILA NO.1839, NSS KARAYOGAM, REP. BY ITS PRESIDENT MUTHUKULAM, ALAPPUZHA. 7. MUTHUKULAM PONNASERI MUNNILA NO.184, NSSW KARAYOGAM, REP. BY ITS PRESIDENT MUTHUKULAM, ALAPPUZHA. 8. MUTHUKULAM NAMPATTU MUNNILA NO.318, NSS KARAYOGAM, REP. BY ITS PRESIDENT, MUTHUKULAM, ALAPPUZHA. 9. MUTHUKULAM KODASSERIL MUNNILA NO.1062, NSS KARAYOGAM, REP. BY ITS PRESIDENT MUTHUKULAM, ALAPPUZHA. ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 & 2 SRI.N.UNNIKRISHNAN FOR R4 TO 9 SRI.N.UNNIKRISHNAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4197 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS - P1 - TRUE COOPY OF ORDER ON AUDIT REPORT ON TDB FOR THE YEAR 1982-83. P2 - TRUE COPY OF JUDGMENT IN OS 54/97 OF THE MUNSIFF COURT, HARIPAD. P3 - TRUE COPY OF JUDGMENT IN AS 186/97 OF THE ADDL. DISTRICT COURT, MAVELIKARA. P4 - TRUE COPY OF ORDER IN SA 171/98 OF THIS COURT. P5 - TRUE COPY OF INTERIM ORDER IN CMP 35339/99 IN OP 21371/99 OF THIS COURT. P6 - TRUE COPY OF INTERIM ORDER IN WP(C) 897/06 OF THIS COURT. P7 - TRUE COPY OF JUDGMENT N OP 27115/99 OF THIS COURT. P8 - TRUE COPY OF RELEVANT PAGE OF NOTICE FOR CONDUCT OF TEMPLE FESTIVAL FOR THE YEAR 2005 AND 2004. P9 - PHOTOCOPY OF RECEIPTS ISSUED BY THE NSS KARAYOGAM FOR DONATIONS RECEIVED BY THE DEVOTEE FOR CONDUCT OF FESTVAL FOR THE YEAR 2004-05. P10 - TRUE COPY OF THE SAMGRAHAM OF THE ASHTAMANGALYA PRASNA CHARTH (RELEVANT PORTION). P11 - TRUE PHOTOCOPY OF THE MINUTES OF THE MEETING OF THE KSHETROPADESAKA SAMITHI. WP(C).No. 4197 of 2009(Y) RESPONDENTS' EXHBITS - R3(1) TRUE COPY OF THE BYELAW FOR THE CONSTITUTION OF TEMPLE ADVISORY COMMTTEE ISSUED BY TDB. R4(A) - TRUE COPY OF JUDGEMENT IN WP(C) 2588/07. R4(B) - TRUE COPY OF RP 1246/07 - ORDER DT. 13.12.07. R4(C) - TRUE COPY OF IA 3460/06 IN WP(C) 897/06. R4(D) - TRUE COPY OF JUDGMENT IN WP(C) 897/06. WP(C).No. 4197 of 2009(Y) R4(E) - TRUE COPOY OF CMP 7887/99 IN OP 4587/99. R4(F) - TRUE COPY OF ORDER IN OP 21371/99. R4(G) - TRUE COPY OF LETTER DT, 21.11.07 BY THE PRESIDENT, MUTHUKULAM NSS SAMYUKTHASAMITHI COMMITTEE. P.R. RAMAN & P.S. GOPINATHAN, JJ. ----------------------------------------- W.P.(C) No.4197 of 2009 ----------------------------------------- Dated: MARCH 3, 2009 JUDGMENT Raman, J. Petitioner and his family members are stated to be worshipers of the Pandavarkavu Devi Temple in Alappuzha District. His main prayer is to ensure the funds and public offerings from devotees and public are collected strictly in terms of Ext.P1 for the purpose of temple festival scheduled to begin in March 2009 and further that such public collection or offerings made by devotees are made only either in favour of the Travancore Devaswom Board or the Kshethra Upadesaka Samithi as provided in Ext.P1. 2. Petitioner is not coming for the first time to this court with such prayers. As a matter of fact, he was a party in some earlier proceedings filed before this Court as is evident from the judgment in WP(C) 897/2006 (Ext.R4(d) produced in this Court) wherein he is arrayed as additional 4th respondent. Again in Ext.R4(f) judgment rendered by another Division Bench of this Court WPC.4197 of 2009 : 2 : in O.P.No.21371/1999, he is seen arrayed as additional respondent No.5. Ext.R4(c) receipts issued by Maroor Munnila NSS Karayogam dated 4.2.2005 was produced as an exhibit in the earlier proceedings and curiously enough he has produced the very same receipt for claiming relief in the present writ petition also though the said receipts relate as early as in 2004 and 2005. Be that as it may, it is only necessary to refer to certain judgments passed by the civil court and by this Court to non-suit the petitioner to the extent of the reliefs sought for in this writ petition. Respondent No.4 onwards who had a customary right to conduct a few days festival in the temple in question sought for a declaration to that effect by approaching the civil court in OS No.54/1997. Ext.P2 is the judgment rendered in that suit against which there was an appeal and the appellate judgment is Ext.P3 in Appeal Suit No.186/1997. As per the appellate judgment which has since become final, it has been declared in paragraph 17 that the plaintiffs have proved their claim for customary right for conduct of the annual festival in Pandavarkavu Devi Temple from the 4th to 9th days beginning from the WPC.4197 of 2009 : 3 : 'Pooyam'day in the month of 'Kumbham' every year and they have been given a declaration as sought for and an injunction was also granted. However, it is added to say that in enjoying the right, they are necessarily to abide by the instructions and guidelines issued by this Court in orders dated 4.10.1996 and 18.10.1996in Exts.B7 and B8 referred to and produced and marked in the case and only under the supervision of the Devaswom Board. Though an attempt to challenge the said appellate judgment was made by filing S.A.No.171/1998 by the then Temple Advisory Committee, it was dismissed as infructuous. Thus it reached a finality. Thereafter they were conducting the festival on the days allotted to them as declared by the Civil Court. However, it seems to be a usual practice by some vested interests to raise some dispute or the other meddling such right which necessitated for seeking police protection from this Court at the instance of respondents 4 onwards and this Court had been from time to time during festival season afforded necessary protection so as to enable respondents 4 to 9 to conduct the festival and to exercise their right as declared by the court strictly abiding by the WPC.4197 of 2009 : 4 : supervisory jurisdiction exercised by the Travancore Devaswom Board in the matter of conduct of the festival. It may be noticed in this connection that this temple is belonging to the Travancore Devaswom Board and there is a Temple Advisory Committee. As far as the conduct of the festival on the remaining days are concerned, it is conducted by the Devaswom Board ably assisted by the Temple Advisory Committee. As per the byelaws framed under the Travancore-Cochin Charitable Institutions Act, such Temple Advisory Committee is accountable to the Board and they have to submit their accounts every year which is subject to audit by the Local Fund Audit. But as regards the collection, if any, made by respondents 4 to 9, since they are exercising a right as declared by the civil court, whatever amount they collected does not come to a common fund as it is their prerogative to conduct the festival during the days earmarked as declared by the civil court. 3. A contention is raised by the petitioner that amounts collected by them, if any, for the festival on the days earmarked for them should also be submitted to the Devaswom Board for which we do not find sufficient WPC.4197 of 2009 : 5 : reason or justification. The right of respondents 4 to 9 as declared by the civil court has since been recognized by this court and acted upon as evident from two other judgments (Exts.R4(e) and R4(f)). So much so, nobody can have any objection now in the matter of conduct of the festival on the earmarked days by respondents 4 to 9. If any amount is collected by them towards the conduct of the festival on those days, necessarily that will be accounted by them to their institution and will be subjected to the usual audit as the case may be. But such collection being in exercise of their right to conduct the festival, it is even possible that they may not even collect any amount, they can do it by securing sponsors for stage programmes etc, Therefore the manner in which the amounts are generated for the conduct of the festival is purely a private matter as far as respondents 4 to 9 are concerned. However, since the Temple Advisory Committee being formed as a body to assist the Devaswom Board, necessarily the amount collected by them is accountable as is stated earlier. But, in the absence of any compliant as against the Temple Advisory Committee, no WPC.4197 of 2009 : 6 : direction as such is required to be passed in this writ petition. In the circumstances we find no merit in this writ petition and the same is dismissed. P.R. RAMAN, JUDGE P.S.GOPINATHAN, JUDGE. mt/-