IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 24563 of 2010(U) ------------------------------------ PETITIONER(S): ----------------------- E.B.BYJU, RESIDING AT EDAKKATTU HOUSE, GOVINDAMUTTOM P.O., KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADVS. SRI.R.RAJASEKHARAN PILLAI SRI.SABINA JAYAN RESPONDENT(S): -------------------------- 1. THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, DEVASWOM BOARD BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM. 695 003. 2. THE CHIEF COMMISSIONR, TDB, DEVASWOM BOARD BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM. 695 003. 3. THE ASST.DEVASWOM COMMISSIONR, KARUNAGAPPALLY GROUP, KARUNAGAPPALLY.690 518. 4. THE SUB GROUP OFFICER, OACHIRA DEVASWOM, KARUNAGAPPALLY GROUP. 690 518. R1 TO R4 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. NO.24563/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT DTD. 28.10.2009 IN WPC. 31550/2008 OF THIS HONOURABLE COURT. P2:- COPY OF THE NOTICE DTD. 20.7.2010 ISSUED BY THE 4TH RESPONDENT. P3:- COPY OF THE APPLICATION DTD. 27.7.2010 SUBMITTED BY THE PETITIONER. P4:- COPY OF THE REPRESENTATION DTD. 30.7.2010 SUBMTITED BY THE PETITIONER BEFORE THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss THOTTATHIL.B.RADHAKRISHNAN & P.BHAVADASAN, JJ. ------------------------------------------------------------------------ WP(C) No.24563 of 2010-U ------------------------------------------------------------------------ Dated 22nd October 2010 Judgment Thottathil.B.Radhakrishnan, J. From the 1st of Vrischikam every year, devotees congregate in Oachira for a continuous period of twelve days in connection with the 'Panthrandu Vilakku Utsavam' being conducted there. They even reside there and offer prayers at the Parabrahmasthanam in Oachira. The Travancore Devaswom Board has a 'bhajanamadom', which has rooms as part of a Sree Lakshmi temple in Oachira. In fact, the 'Parabrahmasthanam' is not with any particular consecrated idol. 2. Every year in the recent past, we notice that there is sufficient controversy on the question of allotment of rooms in the 'bhajanamadom' of the Travancore Devaswom Board. Even last year, there were litigations before this court. Now, the petitioner before us contends that there is no transparent mechanism to ensure that the WPC 24563/10 2 rooms are allotted in a just and reasonable manner. We wanted the Board to provide materials like receipt book and application forms maintained in the file. It is stated that a register is maintained, in which entries are made while the allottees come to occupy the rooms. We find that rooms have already been allotted for this year and receipts have been issued for payments made. Though the Travancore Devaswom Board states that notice was published on 20.07.2010, the petitioner stands to assert that inspite of his repeated visits to the Travancore Devaswom Board office, no such notice was found and he was told that the allotment will be done only after a gap of weeks. 3. Materials show that the applications were received on 26.07.2010 and remittances were also collected on the same day. We do not find anything unusual in all the applications coming on Monday and the entire amounts being collected on the very same day, because there are only 17 rooms to be allotted and there is a huge demand for the rooms. It is like allotments being WPC 24563/10 3 made immediately as the door opens. Yet, we think that there should be some guidelines in place, to ensure transparency in the matter and avoid complaints in relation to allotment of rooms and also there cannot be any room for possible sub-letting. There cannot also be space for any middlemen procuring out the allotment of rooms. We say all these in the light of the allegations that have been made by the writ petitioner. We are, however, clear in our mind that the allotment made this year cannot be interfered with since persons, who have already been allotted rooms, cannot now be called upon to face any adjudication on that issue. 4. For the aforesaid reasons, we refuse to interfere with the allotments made this year. However, we request the learned Amicus Curiae on behalf of the Ombudsman for the Travancore Devaswom Board to register the proceedings in relation to this issue and give the petitioner and the Travancore Devaswom Board appropriate opportunity of hearing and formulate necessary WPC 24563/10 4 guidelines that can be in place so that the 'Parabrahmasthanam' and matters attendant thereto, do not stand painted with such allegations. The Writ Petition is ordered accordingly. THOTTATHIL.B.RADHAKRISHNAN, JUDGE P.BHAVADASAN, JUDGE sta WPC 24563/10 5