IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 6732 of 2010(N) ------------------------------------- PETITIONER: ------------------- P.PRABHAKARAN NAIR, S/O. PADMANABHA PILLI, AGED 80 YEARS, KATTAKKAKATHU VEEDU, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA. BY ADV. MR.G.S.RAGHUNATH. RESPONDENTS: ------------------------ 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD OFFICE, NANTHENCODE,THIRUVANANTHAPURAM. 2. ASSISTANT DEVASWOM BOARD COMMISSIONER DEVASWOM BOARD OFFICE, NEYYATTINKARA. 3. ADVISORY COMMITTEE OF THIRUPURAM SREE MAHADEVA TEMPLE, REPRESENTED BY ITS SECRETARY SRI. K.GOPINATHAN NAIR, THIRUPURAM, NEYYATTINKARA. 4. G.PARAMESWARAN NAIR, PRESIDENT, THIRUPURAM SREE MAHADEVAR TEMPLE ADVISORY COMMITTEE, THIRUPURAM, NEYYATTINKARA. 5. K.GOPAKUMAR, VICE PRESIDENT, THIRUPURAM SREE MAHADEVAR ADVISORY COMMITTEE, THIRUPURAM, NEYYATTINKARA. R1 & R2 BY MR. K.V. VENUGOPALA PANICKER, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. = = = = = = = = = = = = = WP(C).No.6732 of 2010-N. = = = = = = = = = = = = = Dated this the 4th day of March, 2010. J U D G M E N T Thottathil B.Radhakrishnan, J. Petitioner obtained a decree against the Travancore Devaswom Board and the Temple Advisory Committee. The Board carried an appeal against it. The plea that there was no statutory notice appears to be weighed with the appellate court. Petitioner withdrew the suit with the leave of the appellate court. The appellate court didn't consider it appropriate to keep the decree for perpetual injunction in force for three months as sought for by the petitioner who is stated to have caused issuance of Ext.P12 notice. Therefore, he wants this Court to, essentially, restrain the Board and the Temple Advisory Committee from making any construction during the gestation period of the notice. WP(C).No.6732 of 2010-N. -: 2 :- We are not inclined to issue any such order in this case even under Article 226 of the Constitution of India. Though, the fact that the petitioner had withdrew the suit, it is not for this Court to issue any order as sought for. The petitioner would have to approach for appropriate relief before the civil court. The writ petition is accordingly dismissed. THOTTATHIL B.RADHAKRISHNAN (JUDGE) P.S.GOPINATHAN (JUDGE) Kvs/-