IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 4TH NOVEMBER 2008 / 13TH KARTHIKA 1930 WP(C).No. 17410 of 2005(V) -------------------------- PETITIONER(S): --------------- S.BALAKRISHNAN NAIR, KUNDOOR THAZHATH VEEDU, CHERUKOL, CHENNITHALA VILLAGE, EZHAKKADAVU P.O. BY ADV. SRI.D.SOMASUNDARAM RESPONDENT(S): --------------- 1. TRAVANCORE DEVASWOM, REP. BY ITS SECRETARY. 2. ASSISTANT DEVASWOM COMMISSIONER, MAVELIKKARA. 3. SUB GROUP OFFICER, CHERUKOL SUB GROUP. 4. TEMPLE ADVISORY COMMITTEE OF CHERUKOL OF SREE DHARMASASTHA SUBRAMANIYA SWAMI DEVASWOM, CHERUKOL, REP. BY THE PRESIDENT. ADV. SRI.GOVIND K.BHARATHAN, SENIOR ADVOCATE FOR R4 SRI.MANU MOHAN FOR R4 SRI.R.V.SUJIT KUMAR FOR R4 SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/11/2008, THE COURT ON 04/11/2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE R1 DT.24.3.2005. P2: TRUE COPY OF PETITION SUBMITTED BY DEVOTEES TO THE BOARD DT.9.11.2004. P3: TRUE COPY OF REPRESENTATION SUBMITTED TO RESPONDENTS 1 AND 2 BY THE DEVOTEES. P4: .DO. TO THE BOARD DT.17.12.2004. P5: TRUE COPY OF NOTICE DT.16.8.2004 ISSUED BY R3 TO SUNI KUMAR. P6: TRUE COPY OF GOVT. ORDER NO.1791 DT.1.4.1943. P7: TRUE COPY OF NOTICE PUBLISHED BY THE BOARD DT.19.4.2002. P8: TRUE COPY OF LETTER OF THANTHRI DT.9.4.2001 TO R2. RESPONDENT'S EXHIBITS: ANNEXURE-1: TRUE COPY OF ORDER IN THE AUDIT REPORT FOR THE YEAR 1982-83. ANNEXURE-II: TRUE COPY OF ORDER IN CMP NO.3787/99 IN CMP NO.4643/97 IN T.D.B. NO.5/1997. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... W.P.(C)No.17410 of 2005 .................................................................... Dated this the 10th day of June, 2008. ORDER Ramachandran Nair, J. The allegation in this W.P. is about the permanent Temple Advisory Committee being maintained by the Cherukol Sree Dharmasastha- Subramaniya Swami Temple. While the case of the petitioner is that there is no proper selection method for appointment of members of the Temple Advisory Committee, counsel for the Devaswom Board submitted that selection is made based on bye-laws prescribed in accordance with the judgment of this court. Even though this court suggested to take only devotees as members of the Advisory Committee, counsel for the Devaswom Board submitted that panel of devotees is prepared by the Assistant Commissioner in consultation with the Sub-Group Officer. We do not think the method of preparation of the panel by the Assistant Commissioner in consultation with the Sub-Group Officer is correct because devotees are mostly known only to the Santhi. Moreover, their names can be picked up from receipts for vazhipadu. We, therefore, feel amendment is required to the bye-laws so that real devotees of the temple 2 are identified and they are involved in the selection process for the selection of members of the Temple Advisory Committee. Devaswom Board will file a report on their views in the matter. Hand over copy to Standing Counsel for Devaswom Board also. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms