IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 DBA.No. 134 of 2010() ------------------------------- IN THE MATTER OF APPROVAL AND SANCTION FOR THE CONSTRUCTION OF CHUTTAMBALAM IN RAPPUZHA DEVASWOM IN CHANGANACHERRY GROUP. ............................... PETITIONER ------------------ SIVANKUTTY NAIR, S/O.K.P. GOPALAN NAIR, VELLIKKARA, ITHITHANAM. P.O, CHANGANACHERRY. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT(S): -------------------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DEPUTY EXAMINER, LOCAL FUND AUDIT, THIRUVANANTHAPURAM, PIN-695 001. R1 BY ADV. MR.K.N. VENUGOPALA PANICKER, SC, TDB. R2 BY SR.GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. THIS DEVASWOM BOARD APPLICATION HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ DBA No.134 of 2010 ------------------------------------------------------------------------ Dated 24th November 2010 Order Thottathil.B.Radhakrishnan, J. The learned counsel for the petitioner cannot justify instituting this DBA under S.151 of the Code of Civil Procedure Code. We also do not find any statutory provision, under which a citizen or a temple advisory committee can file a DBA. Only applications by Devaswom Boards made before the High Court for obtaining sanction in terms of earlier orders and directions including in jurisdiction relating to audit are to be registered as DBAs. Also, any report of the Ombudsman could be registered as DBA. Hence we close this matter without entering on merits, leaving open the right of the DBA No.134/10 2 petitioner to seek reliefs from the appropriate forum, if entitled to in accordance with law. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta DBA No.134/10 3