IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5570 of 2009(M) ------------------------- PETITIONER: --------------- JAYAKUMAR SARMA, S/O.N.VIJAYA SARMA, AYKARETHU (AIKIRETHU) ILLAM, MALAYALAPUZHA, THAZHAM 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 ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5570 of 2009 -------------------------- Dated this the 19th February,2009 J U D G M E N T The petitioner is a member of Aykareth Illam, which is one among the families having Karanma right to conduct santhi in Malayalapuzha Edathittta Bhagavathi Temple. The temple is now being administered by the Travancore Devaswom Board as per gazette notification dated 16.2.1965, which is produced as Exhibit-P1. Presently the petitioner seeks for enforcement of the karanma right, which the petitioner submits, is protected by Exhibit-P1 notification also. 2. It is submitted that the appointments of Santhi in the Temple is presently being made by the Travancore Devaswom Board. Petitioner relies upon Section 28 of the Travancore Cochin Hindu Religious Institutions Act, 1950 in support of his plea to restore karanma rights. It is further pointed out that the two illams which possess karanma right are entitled to provide karanma service to the temple. W.P ( C) No.5570 of 2009 2 3. Seeking for appropriate action in the matter and to recognise their right in respect of the affairs of the temple for performing the poojas they have approached the Travancore Devaswom Board by filing Exhibit-P4 representation. The petitioner also relies upon the decision of this Court in Vishnu Narayanan Namboodiri Vs. Travancore Devaswom Board [2001 (3) KLT 888] in the matter. 4. Heard learned standing counsel for the respondents also. Since the petitioner has already approached the Travancore Devaswom Board, it is up to the Board to take a decision on Exhibit-P4 in accordance with law. 5. Hence there will be a direction to the Travancore Devaswom Board to consider the grievance raised by the petitioner in Exhibit-P4 and pass appropriate orders, in accordance with law, within a period of three months from the date of receipt of a copy of this judgment with notice to the petitioner. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.5570 of 2009 3 W.P ( C) No.5570 of 2009 4