IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 6289 of 2010(I) ------------------------- PETITIONERS: --------------- 1. M.RAVEENDRAN NAIR, RAVISADANAM, THRIKKOYICKAL, YEROOR P.O., ANCHAL, KOLLAM DISTRICT, (PRESIDENT, KSHETHROPADESAKA SAMITHY SREE MAHANARASIMHA SWAMY KSHETHRAM, YEROOR THRIKKOYIKKAL, PUNALUR GROUP, TRAVANCORE DEVASWOM BOARD). 2. B.RAMESAN, VILAYIL VEEDU, THRIKKOYICKAL, YEROOR P.O., ANCHAL, KOLLAM DISTRICT (SECRETARY, KSHETHROPADESAKA SAMITHY SREE MAHANARASIMHA SWAMY KSHETHRAM, YEROOR THRIKKOYHIKKAL, PUNALUR GROUP, TRAVANCORE DEVASWOM BOARD). BY ADV. SRI.T.S.RAJASENAN RESPONDENTS: --------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (GENERAL) TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. THE ASST.COMMISSIONER OF DEVASWOM TRAVANCORE DEVASWOM BOARD, PUNALUR GROUP, PUNALUR. 4. THE SUB GROUP OFFICER TRAVANCORE DEVASWOM BOARD, AGASTHICODE, ANCHAL. ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... W.P.(C) No.6289 of 2010 .................................................................... Dated this the 29th day of July, 2010. JUDGMENT Ramachandran Nair, J. This is a petition filed by the temple advisory committee represented by it's President and Secretary for direction to the Devaswom Board to construct compound wall for the whole property of the Yeroor Thrikkoyhikkal Sree Mahanarasimha Swamy Temple at Eroor in Kollam District. At our request counsel for the petitioners produced photographs showing the temple and the adjoining properties. Standing Counsel for the Devaswom Board has furnished data pertaining to income and expenditure of the temple. The case of the petitioners is that several yielding coconut trees are within the campus of the temple and since there is no fencing for the property, there is theft leading to loss to the Devaswom. Counsel for the Devaswom submitted that collection from the temple is something like Rs.2.59 lakhs for the year 2008-2009, whereas expenditure is around Rs.5.63 lakhs. Therefore, there is 100% loss for Devaswom Board in W.P.(C) 6289/2010 2 maintaining the temple every year in as much as amount equal to the collection is spent by the Devaswom. The property involved is around three acres of land in which there are several coconut trees and other trees of various types. It is also seen that the foundation for a stage is constructed in the property which is stated to be done by the petitioners for an open air auditorium for holding various programmes during festival. The Devaswom has estimated the cost of construction of compound wall at Rs.13.5 lakhs. Obviously when tenders are invited, the contractors will load further amount and invariably every contract is awarded with a certain percentage above the estimated cost. 2. After hearing both sides and after considering the income and expenditure of the temple, we are of the view that there is no need to approve the construction of the compound wall for the whole property of the temple. It is seen that temple is a very good construction with very good compound wall. Several temples have large extent of property and it will be too expensive for the Devaswom Board to take up construction of compound wall covering entire Devaswom properties. No doubt, the land belonging to the Devaswom should be W.P.(C) 6289/2010 3 protected by the Devaswom board. However, we do not think protection of Devaswom property requires construction of compound wall which is not done even for protection of farm lands owned by individuals and others. Considering the massive expenditure involved, we decline petitioners' request to approve the financial commitment for construction of compound wall, which in our view, is not required. However, the petitioners in consultation with Devaswom officials in charge of the temple are free to plant trees, protect the existing trees and arrange for taking yield from the property for the benefit of the Devaswom and the devotees. We are of the view that old and unyielding coconut and other trees in front of the stage constructed by the petitioners should be removed to provide an open space for the people to assemble and attend to programmes conducted during festival. The balance property should be developed by planting environmentally friendly trees, flowering trees etc. and even plantain could be cultivated so that it's leaves could be used for Annadanam and other temple purposes. We dispose of the W.P.(C) leaving freedom to the petitioners, if required, to raise funds from themselves and fix W.P.(C) 6289/2010 4 barbed wire around the property, if it is required to protect the temple property. Any construction or other work should be undertaken by the petitioners only after getting approval from the Devaswom Board. If petitioners suggest any useful work at moderate cost, the Devaswom should give financial assistance also to the petitioners, if necessary with the approval of this court. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms