IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 WP(C).No. 160 of 2008(R) ------------------------ PETITIONER: ------------------ SANTHOSHKUMAR L., S/O. LAKSHMAN PILLAI, KIZHAKKE ATTOOR, KAVUMBHAGAM P.O., PATHANAMTHITTA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ---------------------- 1. TRAVANCORE DEVASWOM BOARD, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE,THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. DEVASWOM COMMISSIONER, OFFICE OF THE TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE,THIRUVANANTHAPURAM 3. ASSISTANT DEVASWOM COMMISSIONER, OFFICE OF THE ASSISTANT DEVASWOM COMMISSIONER, THIRUVALLA GROUP, THIRUVALLA. 4. SUB GROUP OFFICE, KARUNATTUKAVU SUB GROUP, TRAVANCORE DEVASWOM BOARD PALIYEKKARA, THIRUVALLA. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- W.P.(C).No.160/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE RELEVANT PORTION OF THE LIST OF DEVASWOMS PUBLISHED BY RESPONDENT NOS.1 AND 2 UNDER THIRUVALLA GROUP IN THE YEAR 1991. EXT.P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE THANTHRI OF THE TEMPLE TO RESPONDENT NO.3. EXT.P3 PHOTOGRAPH SHOWING THE ROOFTOP OF THE MAIN SREEKOVIL OF THIRUVAMBADI SREEKRISHNA SWAMY TEMPLE EXT.P3A PHOTOGRAPH SHOWING THE SUB-SHRINE OF RISHYASENA OF THIRUVAMBADI SREEKRISHNA SWAMY TEMPLE. EXT.P3B PHOTOGRAPH SHOWING THE NADAPANDAL OF THIRUVAMBADI SREEKRISHNA SWAMY TEMPLE. EXT.P3C PHOTOGRAPH SHOWING THE THIDAPPILLY OF THIRUVAMBADI SREEKRISHNA SWAMY TEMPLE. EXT.P3D PHOTOGRAPH SHOWING THE WELL OF THIRUVAMBADI SREEKRISHNA SWAMY TEMPLE. EXT.P3E PHOTOGRAPH SHOWING THE OPEN COMPOUND OF THIRUVAMBADI SREEKRISHNA SWAMY TEMPLE. EXT.P4 TRUE COPY OF THE REPRESENTATION DATED 6/12/2007 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENTS' EXTS: EXT.R1A TRUE COPY OF THE LETTER GIVEN ;BY THE THANTHRI DATED 22/1/08. EXT.R1B TRUE COPY OF THE SAID LETTER DATED 21/1/08 GIVEN BY THE TEMPLE ADIVSORY COMMITTEE. EXT.R1C TRUE COPY OF THE LETTER ISSUED BY THE DEVASWOM COMMISSIONER. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(C)NO.160 OF 2008 -------------------------------- Dated this the 26th day of June, 2008 JUDGMENT Raman,J. This writ petition is filed by a devotee seeking a direction to the respondents to conduct the Ashtabandha Kalasam in Thiruvambadi Sreekrishna Swamy Temple, to carry out immediate renovation work in the Temple, to survey and demarcate the property of the temple and to take action under Section 50 of the Travancore Cochin Hindu Religious Institutions Act, 1950 and other consequential reliefs. 2. We have passed an order on 17th January, 2008 directing the Assistant Devaswom Board Commissioner to prepare the estimate for conducting the Astabandha Kalasam in the temple in consultation with the Thanthri and forward the same to the Commissioner for necessary sanction. Subsequently, a development took place. The Kshethra Kshema Samithi came forward offering to conduct necessary repair works of the Sreekovil alone. Accordingly, we passed an order on -2- WP(C).No.160/2008 18/2/2008 in DBA.No.13/2008 to place the application submitted by the Kshethra Kshema Samithi for consideration by the Board. 3. When the matter came up for consideration today, it is submitted by the learned Standing Counsel that the Board has already accorded approval. Kshethra Kshema Samithi is permitted to undertake the renovation work of the Sreekovil under their responsibility with the supervision of the Devaswom Officials in accordance with the plan and estimate. Necessary orders in this regard may therefore be issued at the earliest so as to enable the Kshethra Kshema Samithi to start the renovation work. On completion of the renovation works of the Sreekovil, steps shall also be taken for conducting Ashtabandha Kalasam. 4. As regards the relief against the encroachment, since this is already a subject matter referred to Ombudsman, if the Devaswom is not taking any steps in this regard within a reasonable time, it is open to the petitioner to approach the -3- WP(C).No.160/2008 Ombudsman for appropriate relief in this regard. Writ Petition is closed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.