IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932 DBP.No. 43 of 2010() ----------------------------- ILLEGAL AND ANTI-SOCIAL ACTIVITIES AT NEDUVARAMKODE SREE MAHADEVA TEMLE-LETTER PETITION RECEIVED-SUO MOTU PROCEEDINGS INITIATED-REGARDING. ................ COMPLAINANT: ----------------------- R. RAJASEKHARAN NAIR, PRESIDENT, KSHETHRA BHARANA SAMITHI, SREE MAHADEVER KSHETHRAM, NEDUVARAMKODE, CHENGANOOR, ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENT(S): -------------------------- 1. SRI.RAMACHANDRAN NAIR, NEDUVARAMKODE, CHENGANOOR, ALAPPUZHA DIST. 2. THE STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIATE, THIRUVANANTHAPURAM. 3. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANTHANCODE, THIRUVANANTHAPURAM. R2 BY GOVT. PLEADER MR.R. LAKSHMI NARAYANAN. R3 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC FOR TDB THIS DEVASWOM BOARD PETITION HAVING BEEN FINALLY HEARD ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. DBP.No. 43 of 2010 ORDER ON I.A. NO.2629/2010 IN D.B.P. NO.43/2010 DISMISSED 27/10/2010. SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE SD/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = D.B.P.43/2010 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of October, 2010. Order Thottathil B.Radhakrishnan, J. Matters relating to the Neduvaramkode Sree Mahadeva Temple, Chengannur which is not a temple administered by the authorities under the HR & CE Act or the Travancore-Cochin Hindu Religious Institutions Act fell for certain proceedings under Section 145 Cr.P.C. The competent Executive Magistrate issued certain orders. It is stated that this Court has affirmed those proceedings in criminal revision petition. With this, one of the parties in the criminal proceedings sent up a petition to this Court which, in turn, has generated this matter. The learned Ombudsman for the Devaswom Boards is justified in stating that DBP43/10 -: 2 :- an enquiry cannot be conducted because the temple is not governed by the TDB or CDB. We are of the view that any person interested in the affairs of the temple will have to seek appropriate reliefs in relation to the management from the competent civil court. It is only in that, could the finality in the criminal proceedings be interfered with even in terms of law. We do not find any reason to issue any direction in this DBP. DBP is accordingly closed. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/2710